SERIOUS CRIME CONTROL ACT 2009
Table of Provisions
PART 1--PRELIMINARY MATTERS
- 1 Short title
- 2 Commencement
- 3 Main object of Act
- 4 Application of Criminal Code
- 5 Extra-territorial operation
- 5A Jurisdiction of Local Court
PART 2--DEFINITIONS AND KEY CONCEPTS
- 6 Definitions
- 7 Declared organisation
- 8 Control order and controlled person
- 9 Public safety order and restriction period
- 10 Fortification and fortification removal order
- 11 Matters before commencement may be relevant
PART 3--DECLARED ORGANISATIONS
Division 1--Making declaration
- 12 Grounds for making declaration
- 13 Commissioner may apply for declaration
- 14 Protected submission
- 15 Supreme Court may make declaration
- 16 Notice of declaration
- 17 Duration and application of declaration
Division 2--Revoking declaration
- 18 Revocation of declaration
- 19 Notice of revocation
- 20 Limitation on number and timing of applications for revocation
Division 3--Evidence
- 21 Court not bound by rules of evidence
PART 4--CONTROL ORDERS
Division 1--Making control order
- 23 Grounds for making control order
- 24 Application for control order
- 25 Hearing of application by Supreme Court
- 26 Adjourned hearing
- 27 Control order may include prohibition, suspension of application or authority or exemption
- 28 Form of control order
- 29 When does control order take effect
- 30 Duration of control order
Division 2--Review of control order
- 31 Right of objection
- 32 Procedure on hearing of objection
- 34 Variation or revocation of control order
- 35 Notice of variation or revocation of control order
Division 3--Consequences of control order
- 36 Associating with another controlled person
- 37 Recruiting person to become member of declared organisation
- 38 Applying for authority in contravention of control order
- 39 Other contravention of control order
- 40 Defence and evidence
- 41 Authority for prescribed activity
PART 5--PUBLIC SAFETY ORDERS
Division 1--Making, varying and revoking public safety order
- 42 Senior police officer may make public safety order
- 43 Limitations on making public safety order
- 44 Form of public safety order
- 45 Variation of public safety order by senior police officer
- 46 When does public safety order take effect
- 47 Duration of public safety order
- 48 Revocation of public safety order
Division 2--Procedure for obtaining authorisation order
- 49 Particular public safety orders must be authorised by Local Court
- 50 Application for authorisation order by telephone
Division 3--Review of public safety order
- 51 Right of objection
- 52 Procedure on hearing of objection
- 54 Notice of making, variation or rescission of public safety order by court
- 55 Contravention of public safety order
- 56 Power to search premises and vehicles
- 57 Proof of public safety order
PART 6--FORTIFICATION REMOVAL ORDERS
Division 1--Making fortification removal order
- 58 Grounds for making fortification removal order
- 59 Application for fortification removal order
- 60 Local Court may make fortification removal order
- 61 Form of fortification removal order
- 62 Service of fortification removal order
Division 2--Review of fortification removal order
- 63 Right of objection
- 64 Procedure on hearing of objection
- 66 Notice of variation or revocation of fortification removal order
Division 3--Offence, enforcement and related matters
- 67 Enforcement
- 68 Hindering removal or modification of fortifications
- 69 Liability for damage
- 70 Withdrawal notice
- 71 Application of Part
PART 7--MISCELLANEOUS
- 72 Court may make ancillary or consequential order
- 73 Criminal intelligence
- 74 Attorney-General to be notified
- 75 Commissioner to keep register
- 76 Provision of information relating to declared organisations
- 77 Service of documents under this Act
- 78 Service of a public safety order on a class of persons
- 79 Order for substituted service
- 80 Delegation
- 81 Protection from liability
- 82 Protection from proceedings
- 83 Burden of proof
- 84 Acquisition on just terms
- 85 Annual review
- 86 Review of operation of Act
- 87 Regulations ENDNOTES