SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009)

Table of Provisions

• Long Title

PART 1--PRELIMINARY MATTERS

• 1 Short title  
• 2 Commencement  
• 3 Main object of Act  
• 4 Application of Part IIAA of Criminal Code  
• 5 Extra-territorial operation  

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--Eligible judges

• 12 Consent to be, and declaration of, eligible judge  

Division 2--Application for declaration and order for hearing of application

• 13 Commissioner may apply for declaration  
• 14 Eligible judge may make declaration, dismiss application or order hearing  
• 15 Submissions at hearing  
• 16 Rules of evidence do not apply  
• 17 Protected submission  

Division 3--Making and revoking declaration

• 18 Eligible judge may make declaration  
• 19 Notice of declaration  
• 20 Eligible judge not required to provide reasons  
• 21 Duration of declaration  
• 22 Revocation of declaration  

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  
• 33 Right of appeal  
• 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 Court of Summary Jurisdiction  
• 50 Application for authorisation order by telephone  

Division 3--Review of public safety order

• 51 Right of objection  
• 52 Procedure on hearing of objection  
• 53 Right of appeal  
• 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 Court of Summary Jurisdiction 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  
• 65 Right of appeal  
• 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  

PART 8--CONSEQUENTIAL AMENDMENTS

• 88 Amendment of Bail Act  
• 89 Amendment of Criminal Code  
• 90 Amendment of Information Act  
• 91 Expiry of Part