New South Wales Consolidated Acts

CRIMES (CRIMINAL ORGANISATIONS CONTROL) ACT 2009 - SECT 3

3 Definitions

(1) In this Act:
"associate with" means:

(a) to be in company with, or

(b) to communicate with by any means (including by post, facsimile, telephone and email or any other form of electronic communication).

"Commissioner" means the Commissioner of Police.
"control order" means an order of the Court under section 19.
"controlled member" of a declared organisation means a person to whom an interim control order, or a control order, that is in force relates.
"Court" means the Supreme Court.
"criminal intelligence" means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected:

(a) to prejudice criminal investigations, or

(b) to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement, or

(c) to endanger a person’s life or physical safety.

"declared organisation" means an organisation in respect of which a declaration under Part 2 that is in force relates.
"eligible Judge" -see section 5.
"exercise" a function includes perform a duty.
"function" includes a power, authority or duty.
"interim control order" means an interim control order under section 14.
"member" of an organisation includes:

(a) in the case of an organisation that is a body corporate-a director and an officer of the body corporate, and

(b) in any case:

(i) an associate member or prospective member (however described) of the organisation, and

(ii) a person who identifies himself or herself, in some way, as belonging to the organisation, and

(iii) a person who is treated by the organisation or persons who belong to the organisation, in some way, as if he or she belonged to the organisation.

"organisation" means any incorporated body or unincorporated group (however structured), whether or not:

(a) the body or group is based outside New South Wales, or

(b) the body or group consists of persons who are not ordinarily resident in New South Wales.

"protected submission" -see section 8 (7).
"senior police officer" means a police officer of or above the rank of inspector.
"serious criminal activity" means any of the following:

(a) obtaining material benefits from conduct that constitutes a serious indictable offence,

(b) obtaining material benefits from conduct engaged in outside New South Wales (including outside Australia) that, if it occurred in New South Wales, would constitute a serious indictable offence,

(c) committing a serious violence offence,

(d) engaging in conduct outside New South Wales (including outside Australia) that, if it occurred in New South Wales, would constitute a serious violence offence.

"serious violence offence" means an offence punishable by imprisonment for life or for a term of 10 years or more, where the conduct constituting the offence involves:

(a) loss of a person’s life or serious risk of loss of a person’s life, or

(b) serious injury to a person or serious risk of serious injury to a person, or

(c) serious damage to property in circumstances endangering the safety of any person, or

(d) perverting the course of justice (within the meaning of Part 7 of the Crimes Act 1900 ) in relation to any conduct that, if proved, would constitute a serious violence offence as referred to in paragraph (a), (b) or (c).

(2) Notes included in this Act do not form part of this Act.