Northern Territory Numbered Acts

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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  


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