CRIMES (CRIMINAL ORGANISATIONS CONTROL) ACT 2012 - As at 10 November 2021 - 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• 27I Cancellation of registration of interstate declaration on revocation in jurisdiction where originally made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

• 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)