New South Wales Consolidated Acts

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CRIMES (CRIMINAL ORGANISATIONS CONTROL) ACT 2012

- As at 3 July 2017
- Act 9 of 2012

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Extraterritorial operation

   PART 2 - CRIMINAL ORGANISATIONS

   5.      Commissioner may apply for declaration
   6.      Response by respondent
   7.      Court may make a declaration
   8.      Notice of declaration
   9.      Duration of declaration
   10.     Revocation of declaration
   11.     Stated reasons for making or revoking declaration
   12.     Renewal or extension of declarations
   13.     Right of appeal

   PART 3 - CONTROL OF MEMBERS OF DECLARED ORGANISATIONS

           Division 1 - Interim control orders

   14.     Court may make interim control order
   15.     Date of effect of interim control order
   16.     Notice of making of interim control order
   16A.    Service of notice of interim control order
   17.     Interim control order ceases when final control order made or served
   18.     Expedited hearing in cases of hardship

           Division 2 - Control orders

   19.     Court may make control order
   20.     Person to whom order relates may appear at the hearing
   21.     Form of control order
   22.     Date of effect of control order
   23.     Duration of control order
   24.     Right of appeal
   25.     Variation or revocation of control order

           Division 3 - Consequences of making of interim control orders and control orders

   26.     Association between members of declared organisations subject to interim control order or control order
   26A.    Recruiting persons to become member of declared organisation
   27.     Prohibition on carrying on of certain activities when interim control order or control order takes effect

   PART 3A - RECIPROCAL RECOGNITION AND ENFORCEMENT OF DECLARATIONS AND ORDERS

           Division 1 - Preliminary

   27A.    Definitions

           Division 2 - Registration of interstate declaration in New South Wales

   27B.    Application for registration of interstate declaration in New South Wales
   27C.    When interstate declaration cannot be registered
   27D.    Registration of interstate declaration
   27E.    Period of registration
   27F.    Notice of registration
   27G.    Commencement and duration of registered interstate declaration
   27H.    Effect of registration of interstate declaration
   27I.    Cancellation of registration of interstate declaration on revocation in jurisdiction where originally made
   27J.    Cancellation of registration of interstate declaration at request of Commissioner
   27K.    Cancellation of registration of interstate declaration by Court
   27L.    Notice of cancellation or expiry of registration of interstate declaration

           Division 3 - Registration of interstate control order in New South Wales

   27M.    Application for registration of interstate control order in New South Wales
   27N.    When interstate control order cannot be registered
   27O.    Registration of interstate control order
   27P.    Referral of application to Court for adaptation or modification
   27Q.    Determination of application for registration
   27R.    Period of registration
   27S.    Notice of registration
   27T.    Commencement and duration of registered interstate control order
   27U.    Effect of registration of interstate control order
   27V.    Variation or revocation of interstate control order in jurisdiction where originally made
   27W.    Cancellation of registration of interstate control order by Court
   27X.    Cancellation of registration of interstate control order at request of Commissioner
   27Y.    Registration of interstate control order cancelled automatically in certain circumstances

   PART 3B - CRIMINAL INTELLIGENCE

           Division 1 - Preliminary

   28A.    Definitions
   28B.    Objects of Part

           Division 2 - Criminal intelligence monitor

   28C.    The criminal intelligence monitor
   28D.    Monitor’s functions
   28E.    Material to be given to monitor
   28F.    Appearance and role of monitor at hearing

           Division 3 - Declarations of criminal intelligence

   28G.    Application for declaration of criminal intelligence
   28H.    Additional affidavit if informant relied on
   28I.    Hearing ex parte
   28J.    Criminal intelligence application heard first
   28K.    Special closed hearing
   28L.    Oral evidence by police officers and officers of external agencies
   28M.    Deciding criminal intelligence application
   28N.    Duration of criminal intelligence declaration
   28O.    Revocation of criminal intelligence declaration

           Division 4 - Protection of declared criminal intelligence for substantive hearings

   28P.    Application of Division
   28Q.    Additional matters if informant relied on in substantive hearing
   28R.    Special closed hearing for consideration of intelligence
   28S.    Oral evidence by police officers and officers of external agencies

           Division 5 - Protection from unlawful disclosure

   28T.    Unlawful disclosure of criminal intelligence or information in informant affidavit
   28U.    Registrar to secure information

   PART 4 - MISCELLANEOUS

           28, 29. (Repealed)
   30.     Criminal organisations register
   30A.    Provision of information relating to criminal organisations
   31.     Attorney General to be notified
   32.     Burden of proof
   32A.    Hearsay evidence
   33.     Delegation
   34.     Immunity from liability
   35.     Protection of exercise of certain functions
   35A.    Failure of person to disclose identity on request
   36.     Proceedings for offences
   37.     Rules of court
   37A.    Service of public notice
   37B.    Costs
   38.     Regulations
   39.     Report to Ombudsman on exercise of powers and monitoring by Ombudsman
   39A.    (Repealed)
   40.     Review of Act
           Schedule 1 (Repealed)


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