South Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008 - SECT 39

39—Application may be made by Commissioner

        (1)         The Commissioner may apply to the registrar for the registration of a corresponding declaration.

        (2)         An application for registration—

            (a)         must be made in the prescribed manner; and

            (b)         must be accompanied by a copy of the corresponding declaration to be registered.

        (3)         An application for registration of a corresponding declaration does not need to be served on the respondent.

        (4)         An application for registration of a corresponding declaration cannot be made under this Division if any of the following apply to the declaration:

            (a)         the declaration is no longer in force;

            (b)         the law of the jurisdiction in which the declaration was made specifies requirements as to publication of the declaration or service of the declaration that have not been complied with (or are not, in accordance with that law, taken to have been complied with);

            (c)         the law of the jurisdiction in which the declaration was made specifies a period within which the respondent may appeal against the declaration, and that period has not expired;

            (d)         the determination of an application by the respondent for permission to appeal against the declaration (whether made before or after any appeal period has expired) is pending;

            (e)         the determination of an appeal by the respondent against the declaration is pending;

            (f)         the application is of a kind, or is made in circumstances, prescribed by the regulations for the purposes of this provision.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback