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SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 28 Form of control order

SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 28

Form of control order

    (1)     A control order must:

    (a)     specify the name and address of the person to whom it relates; and

    (b)     subject to subsection (2), include a statement of the ground on which the order has been made; and

    (c)     if the order is made on the ground that the person is a member or former member of a declared organisation:

        (i)     include a statement that the person is a member or former member of a declared organisation; and

        (ii)     identify the organisation and state details of the declaration under section  18 ; and

    (d)     include a statement that the person is prohibited from:

        (i)     associating with another controlled person; and

        (ii)     if the order is made on the ground that the person is a member or former member of a declared organisation – engaging in conduct for the purpose of recruiting another person to become a member of the declared organisation; and

    (e)     set out any prohibitions or other terms made under section  27 ; and

    (f)     subject to subsection (3), have attached to it a copy of the affidavit or affidavits mentioned in section  24 (2); and

    (g)     set out a brief explanation of:

        (i)     if the order was made under section  25 (2)(a) – the person's right of objection under section  31 ; or

        (ii)     if the order was made under section  26 (4)(a) – the person's right of appeal under section  33 .

    (2)     The statement of the ground on which a control order has been made must not contain information that must not be disclosed under section  73 .

    (3)     If disclosure of information included in any affidavit would contravene section  73 :

    (a)     the affidavit does not need to be attached to the control order; but

    (b)     an edited copy of the affidavit, from which the information that cannot be disclosed has been removed or erased, must be attached to the order.