New South Wales Consolidated Acts

CRIMES (CRIMINAL ORGANISATIONS CONTROL) ACT 2009 - SECT 19

19 Court may make control order

(1) The Court may make a control order in relation to a person on whom notice of an interim control order has been served under section 16 if the Court is satisfied that:

(a) the person:

(i) is a member of a particular declared organisation, or

(ii) is or purports to be a former member of a particular declared organisation but has an on-going involvement with the organisation and its activities, and

(b) sufficient grounds exist for making the control order.

(2) The Court may:

(a) make a control order confirming or confirming with variations the interim control order, or

(b) revoke the interim control order.

(3) In considering whether or not there are sufficient grounds to make the control order in relation to the person, the Court is to take into account:

(a) the affidavit from the Commissioner, or affidavits from one or more other senior police officers, that verified the contents of the application for the interim control order concerned, and

(b) the affidavit provided by the person with the notice of objection referred to in section 16, and

(c) any other information provided by the Commissioner or person to whom the order relates at the hearing.

(4) The control order may be made whether or not the person concerned is present at the hearing of the application.

(5) If the person concerned is not present at the hearing, the Commissioner is to cause a copy of the control order to be served personally on the person.

(6) The Court may, on making a control order in relation to a person, make any consequential or ancillary orders it thinks fit.

(7) Without limiting subsection (6), an order may be made, if in the opinion of the Court the circumstances of the case require:

(a) if the person satisfies the Court that there is a good reason why he or she should be allowed to associate with a particular controlled member-exempting the person from the operation of section 26 to the extent, and subject to the conditions, specified by the Court, or

(b) exempting the person from the operation of section 27 for a period specified by the Court to enable the person to organise his or her affairs.

(8) For the purposes of determining whether subsection (1) (a) (ii) applies to a person, the Court may take into account whether the person regularly associates with members of the declared organisation without reasonable cause and the extent to which the conduct of the person demonstrates that the person has genuinely dissociated himself or herself from the organisation.