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Queensland
Criminal Organisation
Bill 2009
Queensland
Criminal Organisation Bill 2009
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
6 Meaning of serious criminal activity . . . . . . . . . . . . . . . . . . . . . . . 11
7 Meaning of serious criminal offence. . . . . . . . . . . . . . . . . . . . . . . 11
Part 2 Criminal organisations
8 Commissioner may apply for declaration . . . . . . . . . . . . . . . . . . . 12
9 Response by respondent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
10 Court may make a declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
11 Notice of declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
12 Duration of declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
13 Revocation of declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
14 Notice of revocation or expiration . . . . . . . . . . . . . . . . . . . . . . . . . 17
15 Limitation on number and timing of applications for revocation . . 17
Part 3 Control orders
Division 1 Making, variation and revocation
16 Commissioner may apply for control order . . . . . . . . . . . . . . . . . . 18
17 Response by respondent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
18 Court may make control order . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
19 Conditions of control order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
20 Duration of control order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
21 Interim control order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
22 Variation of control order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
23 Revocation of control order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Criminal Organisation Bill 2009
Contents
Division 2 Enforcement
24 Contravention of control order or registered corresponding
control order .................................. 28
25 Initial power to search and seize particular things . . . . . . . . . . . . 29
26 Things seized within the first 24 hours . . . . . . . . . . . . . . . . . . . . . 30
Part 4 Public safety orders
Division 1 Preliminary
27 Definitions for pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
28 Prescribed grounds for making a public safety order . . . . . . . . . . 31
29 Prescribed conditions of a public safety order . . . . . . . . . . . . . . . 32
30 Peaceful Assembly Act 1992 unaffected . . . . . . . . . . . . . . . . . . . 33
Division 2 Making, variation and revocation
31 Commissioner may apply for public safety order . . . . . . . . . . . . . 33
32 Response by respondent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
33 Court may make public safety order . . . . . . . . . . . . . . . . . . . . . . . 35
34 Duration of public safety order . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
35 Applications without notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
36 Revocation or variation of public safety order made by court. . . . 37
Division 3 Enforcement
37 Powers for premises, event or area in relation to a public safety
order ........................................ 37
38 Contravention of public safety order . . . . . . . . . . . . . . . . . . . . . . . 39
Part 5 Fortification removal orders
Division 1 Preliminary
39 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
40 Relationship with Planning Act and development approvals . . . . 40
Division 2 Applying for and obtaining fortification removal order
41 Commissioner may apply for order. . . . . . . . . . . . . . . . . . . . . . . . 41
42 Response by respondent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
43 Court may make order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
44 Inspection period must be fixed . . . . . . . . . . . . . . . . . . . . . . . . . . 43
45 Ancillary orders about enforcement . . . . . . . . . . . . . . . . . . . . . . . 43
46 Content of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
47 When order takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 3 Stays
48 Automatic stay on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Page 2
Criminal Organisation Bill 2009
Contents
Division 4 Enforcement
Subdivision 1 Preliminary
49 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Subdivision 2 Enforcement of order
50 General enforcement powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
51 Procedure for entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
52 Requirements for entry to buildings on premises . . . . . . . . . . . . . 48
53 Exemption from compliance with noise standards . . . . . . . . . . . . 48
Subdivision 3 Powers after taking enforcement action
54 Forfeiture of removed fortification . . . . . . . . . . . . . . . . . . . . . . . . . 49
55 Recovery of enforcement costs . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 5 Miscellaneous provisions
56 Hindering removal or modification of a fortification. . . . . . . . . . . . 50
57 Compensation from State to particular owners . . . . . . . . . . . . . . 51
58 Recovery of paid compensation from responsible person . . . . . . 51
Part 6 Criminal intelligence
Division 1 Preliminary
59 What is criminal intelligence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
60 Objects of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
61 Affidavit contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
62 Part subject to COPIM provisions . . . . . . . . . . . . . . . . . . . . . . . . 53
Division 2 Declaration of criminal intelligence
63 Applying for declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
64 Additional affidavit if informant relied on. . . . . . . . . . . . . . . . . . . . 54
65 Registrar to secure information . . . . . . . . . . . . . . . . . . . . . . . . . . 55
66 Hearing ex parte. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
67 Criminal intelligence application heard first . . . . . . . . . . . . . . . . . 57
68 Court warning about confidentiality . . . . . . . . . . . . . . . . . . . . . . . 57
69 Requirements for transcript of hearing . . . . . . . . . . . . . . . . . . . . . 57
70 Special closed hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
71 Oral evidence by police officers . . . . . . . . . . . . . . . . . . . . . . . . . . 58
72 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
73 Duration of criminal intelligence declaration . . . . . . . . . . . . . . . . . 59
74 Revocation of criminal intelligence declaration. . . . . . . . . . . . . . . 59
Page 3
Criminal Organisation Bill 2009
Contents
Division 3 Protection of declared criminal intelligence for substantive
hearings
75 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
76 Additional affidavit if informant relied on. . . . . . . . . . . . . . . . . . . . 60
77 Registrar to secure intelligence . . . . . . . . . . . . . . . . . . . . . . . . . . 60
78 Special closed hearing for consideration of intelligence. . . . . . . . 62
79 Requirements for transcript . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
80 Oral evidence by police officers . . . . . . . . . . . . . . . . . . . . . . . . . . 63
81 Admissibility not affected by declaration. . . . . . . . . . . . . . . . . . . . 63
Division 4 Protection from unlawful disclosure
82 Unlawful disclosure of criminal intelligence or information in
informant affidavit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Part 7 Criminal organisation public interest monitor
Division 1 Appointment
83 Appointment of COPIM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
84 Qualifications for appointment as COPIM . . . . . . . . . . . . . . . . . . 66
85 Procedure before appointment as COPIM . . . . . . . . . . . . . . . . . . 66
Division 2 Functions
86 COPIM's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
87 Performance of functions by another monitor if COPIM
unavailable .................................. 67
88 Material to be given to COPIM . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
89 Appearance and role of COPIM at hearing . . . . . . . . . . . . . . . . . 68
Division 3 Miscellaneous
90 Restrictions on legal practice during or after appointment as
COPIM ...................................... 69
91 Functions of Law, Justice and Safety Committee . . . . . . . . . . . . . 70
92 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Part 8 Corresponding orders
93 Application for registration of a corresponding order in
Queensland .................................... 71
94 Registration of a corresponding order . . . . . . . . . . . . . . . . . . . . . 72
95 Referral of corresponding control order to court for adaptation or
modification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
96 Action by the registrar and commissioner after registration of a
corresponding order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
97 Effect of registration of a corresponding order . . . . . . . . . . . . . . . 75
98 Varying a registered corresponding control order . . . . . . . . . . . . 75
Page 4
Criminal Organisation Bill 2009
Contents
99 Cancelling the registration of a registered corresponding order. . 76
Part 9 General
Division 1 Recruitment offence
100 Recruiting persons to become member of criminal organisation . 76
Division 2 General provisions about proceedings for orders
101 General application of rules of court . . . . . . . . . . . . . . . . . . . . . . 77
102 Service by public notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
103 Service by police officer generally . . . . . . . . . . . . . . . . . . . . . . . . 77
104 Service affidavits that must be filed . . . . . . . . . . . . . . . . . . . . . . . 78
105 Commissioner must notify particular persons when filing
applications and documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
106 Extension of return date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
107 Affidavit contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
108 Hearing attendance and evidence forms . . . . . . . . . . . . . . . . . . . 80
109 Records of hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
110 Standard of proof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
111 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
112 Criminal organisation order made for child. . . . . . . . . . . . . . . . . . 82
113 Criminal organisation order renewal and extension . . . . . . . . . . . 83
Division 3 Proceedings for offences
114 Summary offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
115 Proceedings for an indictable offence. . . . . . . . . . . . . . . . . . . . . . 83
116 Limitation on who may summarily hear a proceeding for an
indictable offence and the level of penalty . . . . . . . . . . . . . . . . . . 84
117 Limitation on time for starting proceeding for a summary offence 85
Division 4 General police provisions
118 Powers for the service of orders . . . . . . . . . . . . . . . . . . . . . . . . . . 85
119 Power to require personal details . . . . . . . . . . . . . . . . . . . . . . . . . 85
120 Failure to comply with personal details requirement . . . . . . . . . . 86
121 Exemption from disclosing police officer's name or address . . . . 87
122 Criminal organisations register. . . . . . . . . . . . . . . . . . . . . . . . . . . 87
123 Delegation by commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Division 5 Appeals
124 Effect of particular orders not stayed by appeal . . . . . . . . . . . . . . 89
125 Limitations on appeals in relation to a declaration . . . . . . . . . . . . 89
126 Court of appeal to expedite disposal of appeal . . . . . . . . . . . . . . 90
Page 5
Criminal Organisation Bill 2009
Contents
Division 6 Reviews of Act
127 Minister to ensure reviews are carried out . . . . . . . . . . . . . . . . . . 91
128 Who carries out reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
129 Annual reviews of exercise of powers. . . . . . . . . . . . . . . . . . . . . . 91
130 Review of Act's operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
131 Criminal intelligence given to reviewer . . . . . . . . . . . . . . . . . . . . . 91
132 Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Division 7 Miscellaneous provisions
133 Restrictions on legal practice of former police officers . . . . . . . . . 92
134 Restrictions on practice of current and former police officers as
security providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
135 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . 93
136 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
137 Expiry of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
138 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
139 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Part 10 Transitional provisions
140 References to serious criminal activity and serious criminal
offences ..................................... 95
141 Transitional provision for ss 133 and 134 . . . . . . . . . . . . . . . . . . . 95
Part 11 Amendments of Acts
Division 1 Amendment of Bail Act 1980
142 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
143 Amendment of s 16 (Refusal of bail) . . . . . . . . . . . . . . . . . . . . . . 96
Division 2 Amendment of Criminal Code
144 Code amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
145 Amendment of s 1 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 96
146 Amendment of pt 3, ch 12, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 97
147 Insertion of new s 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
86 Obtaining of or disclosure of secret information
about the identity of informant . . . . . . . . . . . . . . . . . . 98
148 Amendment of s 119B (Retaliation against judicial officer, juror,
witness etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
149 Amendment of s 207A (Definitions for this chapter) . . . . . . . . . . . 100
150 Amendment of s 359 (Threats). . . . . . . . . . . . . . . . . . . . . . . . . . . 100
151 Amendment of s 359E (Punishment of unlawful stalking) . . . . . . 100
Page 6
Criminal Organisation Bill 2009
Contents
Division 3 Amendment of Evidence Act 1977
152 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
153 Amendment of s 21A (Evidence of special witnesses). . . . . . . . . 101
Division 4 Amendment of Judicial Review Act 1991
154 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
155 Amendment of sch 1 (Operation of other laws) . . . . . . . . . . . . . . 102
Division 5 Amendment of Legal Profession Act 2007
156 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
157 Amendment of s 9 (Suitability matters) . . . . . . . . . . . . . . . . . . . . 102
Division 6 Amendment of Parliament of Queensland Act 2001
158 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
159 Amendment of s 85 (Areas of responsibility of Law, Justice and
Safety Committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Division 7 Amendment of Police Powers and Responsibilities Act 2000
160 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
161 Insertion of new s 150AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
150AA Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
162 Amendment of s 150 (Search warrant application) . . . . . . . . . . . 103
163 Amendment of s 151 (Issue of search warrant) . . . . . . . . . . . . . . 104
164 Amendment of s 155 (When search warrant ends) . . . . . . . . . . . 104
165 Amendment of s 156 (What search warrant must state) . . . . . . . 104
166 Amendment of s 157 (Powers under search warrant) . . . . . . . . . 105
Schedule 1 Serious criminal offences under Criminal Code . . . . . . . . . . 106
Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Page 7
2009
A Bill
for
An Act to provide for the making of declarations and orders for
the purpose of disrupting and restricting the activities of
organisations involved in serious criminal activity, and of their
members and associates, and to make related amendments to
other Acts
Criminal Organisation Bill 2009
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Criminal Organisation Act 2009. 4
2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
3 Objects of Act 7
(1) The objects of this Act are to disrupt and restrict the activities 8
of-- 9
(a) organisations involved in serious criminal activity; and 10
(b) the members and associates of the organisations. 11
(2) It is not the Parliament's intention that powers under this Act 12
be exercised in a way that diminishes the freedom of persons 13
in the State to participate in advocacy, protest, dissent or 14
industrial action. 15
4 Definitions 16
The dictionary in schedule 2 defines particular words used in 17
this Act. 18
5 Act binds all persons 19
(1) This Act binds all persons including the State, and, as far as 20
the legislative power of the Parliament permits, the 21
Commonwealth and the other States. 22
Page 10
Criminal Organisation Bill 2009
Part 1 Preliminary
[s 6]
(2) This Act does not make the Commonwealth, the State or 1
another State liable to be prosecuted for an offence. 2
6 Meaning of serious criminal activity 3
Serious criminal activity means-- 4
(a) a serious criminal offence; or 5
(b) an act done or omission made outside Queensland, 6
including outside Australia, that, if done or made in 7
Queensland would have been or would be a serious 8
criminal offence. 9
7 Meaning of serious criminal offence 10
(1) Serious criminal offence means the following-- 11
(a) an indictable offence punishable by at least 7 years 12
imprisonment, including an offence against a repealed 13
provision of an Act; 14
(b) an offence against this Act; 15
(c) an offence against a section of the Criminal Code 16
mentioned in schedule 1. 17
Notes-- 18
1 For convenience, current headings to sections have been mentioned 19
in schedule 1. If a section has been repealed, the last heading the 20
section had before its repeal is mentioned. 21
2 Because of amendments over time, and the fact that a section may 22
include several offences, an offence against a section mentioned in 23
schedule 1 may also be a serious criminal offence because of 24
subsection (1)(a). 25
(2) Serious criminal offence does not include an offence against 26
the Criminal Code, section 208 or 209 in any form in which 27
either section has ever existed unless the act or omission 28
would be an offence against section 208 as it currently exists. 29
(3) For subsection (1)(c), a reference to an offence against a 30
section mentioned in schedule 1 includes a reference to any 31
Page 11
Criminal Organisation Bill 2009
Part 2 Criminal organisations
[s 8]
offence against the section of that number as the section 1
existed at any time since the original enactment of-- 2
(a) if the Criminal Code as originally enacted had a section 3
of that number--the Criminal Code; or 4
(b) if the Criminal Code as originally enacted did not have a 5
section of that number--the section. 6
(4) Subsection (1)(c) does not limit subsection (1)(a). 7
Example-- 8
Schedule 1 mentions section 427, but limits the reference to the section 9
as it existed before its repeal by Act No. 3 of 1997. However, current 10
section 427 imposes a maximum penalty of 10 years imprisonment and 11
therefore an offence against the section is a serious criminal offence. 12
Part 2 Criminal organisations 13
8 Commissioner may apply for declaration 14
(1) The commissioner may apply to the court for a declaration 15
that a particular organisation (the respondent) is a criminal 16
organisation. 17
(2) The application must state the following-- 18
(a) details sufficiently identifying the organisation; 19
(b) a description of the nature of the organisation and any of 20
its distinguishing characteristics; 21
(c) the grounds on which the declaration is sought; 22
(d) the information supporting the grounds; 23
(e) details of any previous application for a declaration for 24
the organisation and the outcome of the application; 25
(f) that a response to the application may be filed under 26
section 9. 27
Page 12
Criminal Organisation Bill 2009
Part 2 Criminal organisations
[s 9]
(3) The application must be accompanied by any affidavit the 1
commissioner intends to rely on at the hearing of the 2
application. 3
(4) For subsection (2)(a), it is sufficient if the organisation is 4
identified by the name by which it is commonly known or by 5
other particulars. 6
(5) The application, with any accompanying affidavit, must-- 7
(a) be filed; and 8
(b) on filing, state as the return date a day within 35 days 9
after the filing; and 10
(c) after being filed, be served by the commissioner on the 11
respondent-- 12
(i) by personal service within 7 business days after the 13
filing; or 14
(ii) if personal service is not practicable, or if the 15
respondent is an unincorporated association, by 16
public notice within 10 days after filing. 17
(6) The commissioner must give copies of the application and any 18
supporting material to the COPIM under arrangements 19
decided by the COPIM. 20
Note for subsection (6)-- 21
Under section 88(2), this requirement does not apply to particular 22
material about informants. 23
9 Response by respondent 24
(1) The respondent may file a response to the application. 25
(2) The response must state-- 26
(a) the facts relied on by the respondent in response to the 27
application; and 28
(b) the nature of the response in relation to each order 29
sought by the applicant. 30
(3) The respondent must file the response at least 5 business days 31
before the return date. 32
Page 13
Criminal Organisation Bill 2009
Part 2 Criminal organisations
[s 10]
(4) The response must be accompanied by any affidavit the 1
respondent intends to rely on at the hearing of the application. 2
10 Court may make a declaration 3
(1) The court may make a declaration that the respondent is a 4
criminal organisation if the court is satisfied that-- 5
(a) the respondent is an organisation; and 6
(b) members of the organisation associate for the purpose of 7
engaging in, or conspiring to engage in, serious criminal 8
activity; and 9
(c) the organisation is an unacceptable risk to the safety, 10
welfare or order of the community. 11
(2) In considering whether or not to make a declaration, the court 12
must have regard to-- 13
(a) the following information before the court-- 14
(i) information suggesting a link exists between the 15
organisation and serious criminal activity; 16
(ii) any conviction for current or former members of 17
the organisation; 18
(iii) information suggesting current or former members 19
of the organisation have been, or are, involved in 20
serious criminal activity, whether directly or 21
indirectly and whether or not the involvement 22
resulted in convictions; 23
(iv) information suggesting members of an interstate or 24
overseas chapter or branch of the organisation 25
associate for the purpose of engaging in, or 26
conspiring to engage in, serious criminal activity; 27
and 28
(b) anything else the court considers relevant. 29
(3) A declaration may be made whether or not the respondent is 30
present or makes submissions. 31
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Criminal Organisation Bill 2009
Part 2 Criminal organisations
[s 11]
Note-- 1
Section 8 includes service requirements. 2
(4) The court may, for making the declaration, be satisfied that 3
members of an organisation associate for the purpose of 4
engaging in, or conspiring to engage in, serious criminal 5
activity-- 6
(a) whether all the members associate for that purpose or 7
only some of the members; and 8
(b) whether members associate for that purpose for the 9
same serious criminal activities or different ones; and 10
(c) whether or not the members also associate for other 11
purposes. 12
(5) For subsection (4)(a), the court may act on the basis of 13
satisfaction that only some of the members associate for the 14
purpose mentioned in the subsection only if the court is 15
satisfied that those members constitute a significant group 16
within the organisation, either-- 17
(a) in terms of their numbers; or 18
(b) in terms of their capacity to influence the organisation or 19
its members. 20
11 Notice of declaration 21
(1) As soon as reasonably practicable after the declaration is 22
made, the commissioner must publish notice of the 23
declaration in the gazette and in at least 1 newspaper 24
circulating throughout the State. 25
(2) The declaration is of no effect until it is published under 26
subsection (1). 27
12 Duration of declaration 28
(1) A declaration remains in force for a period of 5 years after the 29
day on which it is made, unless sooner revoked or unless 30
renewed. 31
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Criminal Organisation Bill 2009
Part 2 Criminal organisations
[s 13]
(2) A change in the name or membership of a criminal 1
organisation does not affect the declaration. 2
(3) The criminal organisation is taken to include any organisation 3
into which the members substantially reform themselves with 4
or without dissolving the organisation named in the 5
declaration. 6
13 Revocation of declaration 7
(1) The court may revoke a declaration about a criminal 8
organisation on an application under this section. 9
(2) An application may be made by-- 10
(a) the commissioner, at any time; or 11
(b) the criminal organisation or a member of the criminal 12
organisation, subject to section 15. 13
(3) An application must state-- 14
(a) the grounds on which revocation is sought; and 15
(b) the information supporting the grounds on which 16
revocation is sought. 17
(4) The application must be accompanied by any affidavit the 18
applicant intends to rely on at the hearing. 19
(5) The commissioner is a party to any proceedings for an 20
application by the organisation or a member of the 21
organisation. 22
(6) The applicant must serve a copy of the application, with any 23
accompanying affidavit, on the other party to the proceedings 24
as soon as reasonably practicable after the application is filed. 25
(7) If the commissioner is the applicant, service on the other party 26
must be-- 27
(a) by personal service; or 28
(b) if personal service is not practicable or the respondent is 29
an unincorporated association, by public notice. 30
Page 16
Criminal Organisation Bill 2009
Part 2 Criminal organisations
[s 14]
(8) The commissioner must give the following to the COPIM 1
under arrangements decided by the COPIM-- 2
(a) if the commissioner is the applicant--copies of the 3
application and any accompanying affidavit filed by the 4
commissioner; or 5
(b) if the criminal organisation or a member of the criminal 6
organisation is the applicant--copies of the application 7
and any accompanying affidavit served on the 8
commissioner under subsection (6). 9
Note-- 10
Under section 88(2), this requirement does not apply to particular 11
material about informants. 12
(9) The court may revoke the declaration only if satisfied that 13
there has been a substantial change in the nature or 14
membership of the criminal organisation to the extent that-- 15
(a) members of the organisation no longer associate for the 16
purpose of engaging in, or conspiring to engage in, 17
serious criminal activity; and 18
(b) the organisation no longer represents an unacceptable 19
risk to the safety, welfare and order of the community. 20
14 Notice of revocation or expiration 21
As soon as reasonably practicable after the revocation or 22
expiration of a declaration, the commissioner must publish 23
notice of the revocation or expiration in the gazette and in at 24
least 1 newspaper circulating throughout the State. 25
15 Limitation on number and timing of applications for 26
revocation 27
(1) A criminal organisation or a member of a criminal 28
organisation may not apply for the revocation of a declaration 29
under section 13 until at least 3 years after the declaration is 30
made. 31
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Criminal Organisation Bill 2009
Part 3 Control orders
[s 16]
(2) Also, the total number of applications made by the 1
organisation and all members of the organisation must not be 2
more than 2 during the first 5 years after the declaration is 3
made. 4
Part 3 Control orders 5
Division 1 Making, variation and revocation 6
16 Commissioner may apply for control order 7
(1) The commissioner may apply to the court for a control order 8
for a person (the respondent). 9
(2) The application must state the following-- 10
(a) details sufficient to identify the respondent; 11
(b) the grounds on which the order is sought; 12
(c) the information supporting the grounds; 13
(d) details of any previous application for an order for the 14
respondent and the outcome of the application; 15
(e) that the respondent may file a response to the 16
application under section 17; 17
(f) that an interim control order may be made against the 18
respondent under section 21 at any time on or after the 19
return date. 20
(3) The application must be accompanied by-- 21
(a) any affidavit the commissioner intends to rely on at the 22
hearing of the application; and 23
(b) a draft of the order the commissioner is seeking from the 24
court. 25
(4) The application must-- 26
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Criminal Organisation Bill 2009
Part 3 Control orders
[s 17]
(a) be filed; and 1
(b) on filing, state as the return date a day within 35 days 2
after the filing; and 3
(c) after being filed, be served on the respondent-- 4
(i) by personal service within 7 business days after the 5
filing; or 6
(ii) if personal service is not practicable, by public 7
notice within 10 days after filing. 8
(5) The commissioner must give copies of the application and any 9
supporting material to the COPIM under arrangements 10
decided by the COPIM. 11
Note for subsection (5)-- 12
Under section 88(2), this requirement does not apply to particular 13
material about informants. 14
17 Response by respondent 15
(1) The respondent may file a response to the application. 16
(2) The response must state-- 17
(a) the facts relied on by the respondent in response to the 18
application; and 19
(b) the nature of the response in relation to each order 20
sought by the applicant. 21
(3) The respondent must file the response at least 5 business days 22
before the return date. 23
(4) The response must be accompanied by any affidavit the 24
respondent intends to rely on at the hearing of the application. 25
18 Court may make control order 26
(1) The court may make a control order for the respondent if the 27
court is satisfied that the respondent-- 28
(a) is, or has been, a member of a criminal organisation; and 29
Page 19
Criminal Organisation Bill 2009
Part 3 Control orders
[s 18]
(b) engages in, or has engaged in, serious criminal activity; 1
and 2
(c) associates with any person for the purpose of engaging 3
in, or conspiring to engage in, serious criminal activity. 4
(2) Also, the court may make a control order for the respondent if 5
the court is satisfied that the respondent-- 6
(a) engages in, or has engaged in, serious criminal activity; 7
and 8
(b) associates with any member of a criminal organisation 9
for the purpose of engaging in, or conspiring to engage 10
in, serious criminal activity. 11
(3) In considering whether or not to make an order, the court must 12
have regard to-- 13
(a) information about the following before the court-- 14
(i) the respondent's criminal history; 15
(ii) the criminal history of a person whose association 16
with the respondent is relied on in the application 17
to support the making of the order; 18
(iii) any activity or behaviour of the respondent at any 19
time that tends to prove a matter of which the court 20
must be satisfied under subsection (1) or (2); and 21
(b) anything else the court considers relevant. 22
(4) The control order may be made whether or not the respondent 23
is present or makes submissions. 24
Note-- 25
Section 16 includes service requirements. 26
(5) In this section-- 27
member, of a criminal organisation, does not include a person 28
who would otherwise be a member only because the person is 29
a person mentioned in schedule 2, definition member, 30
paragraph (e). 31
Page 20
Criminal Organisation Bill 2009
Part 3 Control orders
[s 19]
19 Conditions of control order 1
(1) In making a control order for the respondent, the court may 2
impose the conditions on the respondent the court considers 3
appropriate. 4
(2) Without limiting subsection (1), a condition may prohibit the 5
respondent from doing any of the following while the control 6
order is in force-- 7
(a) associating with any person who is a member of a 8
criminal organisation; 9
(b) associating with any other controlled person; 10
(c) possessing-- 11
(i) a thing the possession of which, under the Weapons 12
Act 1990 or the Explosives Act 1999, is prohibited 13
or prohibited other than under a licence, permit or 14
other authority; or 15
(ii) a stated thing or a thing of a stated class; 16
(d) carrying on or applying under an Act to carry on a 17
prescribed activity; 18
(e) recruiting or attempting to recruit anyone to become a 19
member of, or to associate with a member of, a criminal 20
organisation; 21
(f) associating with a stated person or a person of a stated 22
class; 23
(g) entering or being in the vicinity of a stated place or a 24
place of a stated class; 25
(h) applying for or undertaking stated employment. 26
(3) A condition imposed under subsection (2)(a) applies in 27
relation to association with any person who is a member of a 28
criminal organisation at the time of the association-- 29
(a) whether the person is a member of a criminal 30
organisation when the order is made or becomes a 31
member at a later time; and 32
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Criminal Organisation Bill 2009
Part 3 Control orders
[s 19]
(b) whether the criminal organisation is a criminal 1
organisation when the order is made or is declared to be 2
a criminal organisation at a later time. 3
(4) A condition imposed under subsection (2)(b) applies in 4
relation to association with any person who is a controlled 5
person at the time of the association whether the person is a 6
controlled person when the order is made or becomes a 7
controlled person at a later time. 8
(5) If the control order is made under section 18(1)-- 9
(a) subject to paragraph (b)(i), the conditions imposed on 10
the order must include the conditions mentioned in 11
subsection (2)(a), (b), (c)(i), (d) and (e); and 12
(b) the conditions imposed on the order-- 13
(i) are not required to include a condition mentioned 14
in subsection (2)(a) or (b) to the extent the 15
condition prohibits the respondent from 16
associating with another person with whom the 17
respondent has a personal relationship; but 18
(ii) may, subject to subsection (7), include a condition 19
prohibiting the respondent from associating with 20
another person with whom the respondent has a 21
personal relationship. 22
(6) Also, the order must require the respondent to, within 24 23
hours after the order is made, deliver to the commissioner's 24
custody at a stated police station anything the respondent is 25
prohibited from possessing under the order unless the 26
respondent has lawfully disposed of possession of the thing 27
before the end of that period. 28
(7) Before imposing a non-contact condition under this section 29
prohibiting the respondent from associating with another 30
person with whom the respondent has a personal relationship, 31
the court must consider the effect of the condition on the 32
relationship and whether the condition should only relate to a 33
particular class of activity or relate to activities generally. 34
(8) The court may also impose conditions on the use by a police 35
officer of the power under section 25. 36
Page 22
Criminal Organisation Bill 2009
Part 3 Control orders
[s 20]
20 Duration of control order 1
(1) A control order takes effect-- 2
(a) if the respondent or a legal or other representative of the 3
respondent is present at the hearing of the 4
application--when the order is made; or 5
(b) otherwise--when the commissioner serves the order on 6
the respondent. 7
(2) Service under subsection (1)(b) must be by personal service 8
or, if personal service is not practicable, by public notice. 9
(3) A control order remains in force until the order is revoked. 10
(4) Also, if an interim control order or control order is made for a 11
person in reliance on the person's membership of a particular 12
criminal organisation or the person's association with a 13
member of a particular criminal organisation, the order stops 14
having effect when the declaration for the criminal 15
organisation expires or is revoked. 16
21 Interim control order 17
(1) This section applies if an application for a control order has 18
been served on the respondent under section 16(4). 19
(2) On or after the return date, the court may make a control order 20
(an interim control order) for the respondent to be in force 21
until the court finally decides the application or the 22
application otherwise ends. 23
(3) The court may make the interim control order if the court is 24
satisfied there are reasonable grounds for believing there is 25
sufficient basis to make the final order. 26
(4) The interim control order may be made whether or not the 27
respondent is present or makes submissions. 28
Note-- 29
Section 16 includes service requirements notifying the respondent of the 30
possibility of the making of an interim control order. 31
(5) An interim control order is taken to include, and to impose on 32
the respondent, the following conditions-- 33
Page 23
Criminal Organisation Bill 2009
Part 3 Control orders
[s 22]
(a) that the respondent must not associate with a person 1
who is a member of a criminal organisation, other than a 2
person with whom the respondent has a personal 3
relationship; 4
(b) that the respondent must not associate with any other 5
controlled person, other than a person with whom the 6
respondent has a personal relationship; 7
(c) that the following are suspended-- 8
(i) any licence, permit or authority issued to the 9
respondent under the Weapons Act 1990; 10
(ii) any entitlement under the Weapons Act 1990 to 11
possess or use a weapon; 12
(d) that the respondent must not recruit or attempt to recruit 13
anyone to become a member of or to associate with a 14
member of a criminal organisation. 15
(6) Also, the interim control order must require the respondent to, 16
within 24 hours after the order is made, deliver to the 17
commissioner's custody at a stated police station anything the 18
respondent is prohibited from possessing under the order 19
unless the person has lawfully disposed of possession of the 20
thing before the end of that period. 21
(7) An interim control order takes effect-- 22
(a) if the respondent or legal or other representative of the 23
respondent is present at the hearing of the 24
application--when it is made; or 25
(b) if paragraph (a) does not apply--when the 26
commissioner serves the order on the respondent. 27
(8) Service under subsection (7)(b) must be by personal service 28
or, if personal service is not practicable, by public notice. 29
22 Variation of control order 30
(1) The court may vary a control order, other than a condition that 31
under section 19(5) must be included in the order, on an 32
application under this section. 33
Page 24
Criminal Organisation Bill 2009
Part 3 Control orders
[s 22]
(2) An application may be made by-- 1
(a) the commissioner, at any time; or 2
(b) the controlled person, if at least 12 months have passed 3
after the order was made or the last application for a 4
variation was made by the controlled person. 5
(3) An application must state the following-- 6
(a) the grounds on which a variation is sought; and 7
(b) the information supporting the grounds. 8
(4) The application must be accompanied by-- 9
(a) any affidavit the applicant intends to rely on at the 10
hearing of the application; and 11
(b) a draft of the order the applicant is seeking from the 12
court. 13
(5) The commissioner is a party to any proceedings for an 14
application by the controlled person. 15
(6) The applicant must serve a copy of the application, with any 16
accompanying affidavit and draft order, on the other party to 17
the proceedings as soon as reasonably practicable after the 18
application is filed. 19
(7) If the commissioner is the applicant, service on the other party 20
must be by personal service or, if personal service is not 21
practicable, by public notice. 22
(8) The commissioner must give the following to the COPIM 23
under arrangements decided by the COPIM-- 24
(a) if the commissioner is the applicant--copies of the 25
application and any accompanying affidavit and draft 26
order filed by the commissioner; or 27
(b) if the controlled person is the applicant--copies of the 28
application and any accompanying affidavit and draft 29
order served on the commissioner under subsection (6). 30
Note-- 31
Under section 88(2), this requirement does not apply to particular 32
material about informants. 33
Page 25
Criminal Organisation Bill 2009
Part 3 Control orders
[s 23]
(9) The court may vary the control order on application by the 1
controlled person only if the court is satisfied that-- 2
(a) the controlled person can not reasonably comply with 3
the order because of a change in the controlled person's 4
circumstances; and 5
(b) it is reasonable in all the circumstances to vary the order. 6
(10) If the applicant is the commissioner, the commissioner must 7
serve a copy of the order varying the control order on the 8
controlled person as soon as reasonably practicable after the 9
order is made. 10
(11) Service under subsection (10) must be by personal service or, 11
if personal service is not practicable, by public notice. 12
(12) The order varying the control order takes effect-- 13
(a) if the commissioner is the applicant--when the 14
commissioner serves a copy of the order on the 15
controlled person; or 16
(b) if the controlled person is the applicant--when the order 17
is made. 18
23 Revocation of control order 19
(1) The court may revoke a control order on an application under 20
this section. 21
(2) An application may be made by-- 22
(a) the commissioner, at any time; or 23
(b) the controlled person, if at least 2 years have passed 24
after the order was made. 25
(3) An application must state the following-- 26
(a) the grounds on which revocation is sought; and 27
(b) the information supporting the grounds. 28
(4) The application must be accompanied by any affidavit the 29
applicant intends to rely on at the hearing of the application. 30
Page 26
Criminal Organisation Bill 2009
Part 3 Control orders
[s 23]
(5) The commissioner is a party to any proceedings for an 1
application by the controlled person. 2
(6) The applicant must serve a copy of the application, with any 3
accompanying affidavit, on the other party to the proceedings 4
as soon as reasonably practicable after the application is filed. 5
(7) If the commissioner is the applicant, service on the other party 6
must be by personal service or, if personal service is not 7
practicable, by public notice. 8
(8) The commissioner must give the following to the COPIM 9
under arrangements decided by the COPIM-- 10
(a) if the commissioner is the applicant--copies of the 11
application and any accompanying affidavit filed by the 12
commissioner; or 13
(b) if the controlled person is the applicant--copies of the 14
application and any accompanying affidavit served on 15
the commissioner under subsection (6). 16
Note-- 17
Under section 88(2), this requirement does not apply to particular 18
material about informants. 19
(9) The court may revoke the control order on the application of 20
the controlled person only if satisfied that-- 21
(a) there has been a substantial change in the relevant 22
circumstances since the order was made; and 23
(b) if the order was made in reliance on the person's 24
membership of a criminal organisation--the person has 25
not been a member of any criminal organisation for at 26
least 2 years; and 27
(c) the person has not engaged in, or conspired to engage in, 28
serious criminal activity for at least 2 years; and 29
(d) the court considers that, in all the circumstances, it is 30
reasonable to revoke the order. 31
(10) For calculating the period of 2 years under subsection (9), a 32
period of imprisonment or detention of the controlled person 33
is not to be counted. 34
Page 27
Criminal Organisation Bill 2009
Part 3 Control orders
[s 24]
(11) If the applicant is the commissioner, the commissioner must 1
serve a copy of the revocation order on the controlled person 2
as soon as reasonably practicable after the order is made. 3
(12) Service under subsection (11) must be by personal service or, 4
if personal service is not practicable, by public notice. 5
(13) The revocation order takes effect when it is made. 6
Division 2 Enforcement 7
24 Contravention of control order or registered 8
corresponding control order 9
(1) A person must not knowingly contravene a control order or a 10
registered corresponding control order made for the person. 11
Maximum penalty-- 12
(a) for the first offence--3 years imprisonment; or 13
(b) for each later offence--5 years imprisonment. 14
(2) A first offence is a misdemeanour and each later offence is a 15
crime. 16
(3) An offence is a later offence to an earlier offence if the person 17
commits the offence after the person is found guilty of the 18
earlier offence. 19
(4) A person knowingly contravenes a control order or registered 20
corresponding control order if the person does an act or makes 21
an omission the person knows, or ought reasonably to know, is 22
a contravention of the order. 23
(5) For a contravention of a non-contact condition, it does not 24
matter-- 25
(a) what was the purpose of the person associating with 26
another person in contravention of the condition; or 27
(b) whether the association related to the commission or 28
potential commission of an offence. 29
Page 28
Criminal Organisation Bill 2009
Part 3 Control orders
[s 25]
(6) For a contravention of a non-contact condition that has an 1
exception about associating with a person with whom the 2
controlled person has a personal relationship, it is for the 3
controlled person to prove on the balance of probabilities that 4
the controlled person had a personal relationship with the 5
other person at the relevant time. 6
(7) A person does not commit an offence against subsection (1) in 7
relation to a control order or a registered corresponding 8
control order by possessing a thing the person is prohibited 9
from possessing under the order unless the person is in 10
possession of the thing after the end of the following period-- 11
(a) if the person is prohibited from possessing the thing 12
under the control order as originally made--the period 13
of 24 hours after the order takes effect; 14
(b) if the person is prohibited from possessing the thing 15
because of a variation of the order--the period of 24 16
hours after the variation takes effect. 17
25 Initial power to search and seize particular things 18
(1) The power under this section-- 19
(a) may only be exercised in relation to a particular 20
controlled person within 7 days after the control order or 21
the registered corresponding control order is served on 22
the person; and 23
(b) may only be exercised once for the premises occupied 24
by a controlled person or, if the person occupies 2 or 25
more premises, once for each of the premises. 26
(2) A police officer, with the help, and using the force, that is 27
reasonably necessary, may-- 28
(a) enter premises occupied by the controlled person; and 29
(b) search for and seize anything that the controlled person 30
is prohibited from possessing under the order. 31
(3) Before first entering the premises, the police officer must do, 32
or make a reasonable attempt to do, the following-- 33
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Criminal Organisation Bill 2009
Part 3 Control orders
[s 26]
(a) locate the controlled person; 1
(b) identify herself or himself to the controlled person; 2
(c) tell the controlled person-- 3
(i) the purpose of the entry; and 4
(ii) that the police officer is permitted under this Act to 5
enter the premises without the person's consent; 6
and 7
(iii) about the police officer's powers under this 8
section; 9
(d) give the person an opportunity to allow the police officer 10
to enter the premises without using force. 11
(4) In this section-- 12
enter includes re-enter. 13
26 Things seized within the first 24 hours 14
(1) This section applies if-- 15
(a) a person possesses a thing the person is prohibited from 16
possessing under a control order or registered 17
corresponding control order; and 18
(b) a period of 24 hours has not passed since the order was 19
served on the person. 20
(2) A police officer may seize the thing under section 25. 21
(3) The seized thing must be-- 22
(a) kept in the commissioner's custody while the order 23
remains in effect; and 24
(b) returned to the person when the control order stops 25
having effect, if the person is entitled to lawful 26
possession of the thing at that time. 27
Page 30
Criminal Organisation Bill 2009
Part 4 Public safety orders
[s 27]
Part 4 Public safety orders 1
Division 1 Preliminary 2
27 Definitions for pt 4 3
In this part-- 4
prescribed conditions means the conditions imposed on a 5
respondent in a public safety order mentioned in section 29. 6
prescribed grounds means the basis for making a public 7
safety order under section 28. 8
28 Prescribed grounds for making a public safety order 9
(1) The court may make a public safety order for a person or 10
group of persons (the respondent) if the court is satisfied 11
that-- 12
(a) the presence of the respondent at premises or an event, 13
or within an area, poses a serious risk to public safety or 14
security; and 15
(b) making the order is appropriate in the circumstances. 16
(2) In considering whether or not to make an order, the court must 17
have regard to the following-- 18
(a) the respondent's criminal history and any previous 19
behaviour of the respondent that posed a serious risk to 20
public safety or security; 21
(b) whether the respondent-- 22
(i) is or has been a member of a criminal organisation; 23
or 24
(ii) is or has been the subject of a control order or 25
registered corresponding control order; or 26
(iii) associates, or has associated, with a member of a 27
criminal organisation or a person who is the 28
Page 31
Criminal Organisation Bill 2009
Part 4 Public safety orders
[s 29]
subject of a control order or registered 1
corresponding control order; 2
(c) if advocacy, protest, dissent or industrial action is the 3
likely reason for the respondent being present at the 4
relevant premises or event or within the relevant 5
area--the public interest in maintaining freedom to 6
participate in those activities; 7
(d) whether the degree of risk involved justifies the 8
imposition of the conditions to be stated in the order, 9
having regard, in particular, to any legitimate reason the 10
respondent may have for being present at the relevant 11
premises or event or within the relevant area; 12
(e) the extent to which making the order will reduce the risk 13
to public safety or security or effective traffic 14
management; 15
(f) anything else the court considers relevant. 16
(3) In deciding whether a respondent satisfies a matter under 17
subsection (1) or (2) in the case of a respondent that is a group 18
of persons, the court must consider the extent to which 19
members of the group, as opposed to every member of the 20
group, satisfy the matter. 21
29 Prescribed conditions of a public safety order 22
(1) In making a public safety order for a respondent, the court 23
may impose the conditions on the respondent that the court 24
considers necessary having regard to the prescribed grounds 25
for making the order. 26
(2) Without limiting subsection (1), a condition may prohibit the 27
respondent from doing or attempting to do any of the 28
following while the order is in force-- 29
(a) entering or remaining in stated premises; 30
(b) attending or remaining at a stated event; 31
(c) entering or remaining in a stated area; 32
(d) doing a stated thing in a stated area. 33
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Criminal Organisation Bill 2009
Part 4 Public safety orders
[s 30]
(3) Also, it is a condition of the order that the respondent must 1
comply with every reasonable direction given by a police 2
officer for the purposes of the order. 3
(4) Without limiting subsection (3), the condition under the 4
subsection is to be stated in the order. 5
(5) The court may impose a condition on the order about the use 6
by a police officer of the power under section 37. 7
(6) A public safety order does not stop the respondent from 8
entering the respondent's principal place of residence. 9
(7) In this section-- 10
respondent, if the respondent to the application was a group 11
of persons, includes any 1 or more of those persons identified 12
in any way in the order. 13
30 Peaceful Assembly Act 1992 unaffected 14
This part, or an order under this part, does not affect the 15
Peaceful Assembly Act 1992. 16
Division 2 Making, variation and revocation 17
31 Commissioner may apply for public safety order 18
(1) The commissioner may apply to the court for, or for the 19
extension of, a public safety order for a person or a group of 20
persons (the respondent). 21
(2) A reference in this division to a respondent, if the respondent 22
is a group of persons, is a reference to the members generally 23
of the group. 24
(3) The application must state the following-- 25
(a) details sufficient to identify the respondent; 26
(b) the grounds on which the order is sought, being 27
prescribed grounds to the extent they are relevant to the 28
application; 29
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[s 32]
(c) the information supporting the grounds; 1
(d) details of any previous application for an order for the 2
respondent and the outcome of the application; 3
(e) that the respondent may file a response to the 4
application under section 32. 5
(4) The application must be accompanied by any affidavit the 6
commissioner intends to rely on at the hearing of the 7
application. 8
(5) The application, with any accompanying affidavit, must-- 9
(a) be filed; and 10
(b) on filing, state as the return date a day within 35 days 11
after the filing; and 12
(c) after being filed, be served by the commissioner on the 13
respondent-- 14
(i) by personal service within 7 business days after the 15
filing; or 16
(ii) if personal service is not practicable or the 17
respondent is a group of persons, by public notice 18
within 10 days after filing. 19
(6) The commissioner must give copies of the application and any 20
supporting material to the COPIM under arrangements 21
decided by the COPIM. 22
Note for subsection (6)-- 23
Under section 88(2), this requirement does not apply to particular 24
material about informants. 25
32 Response by respondent 26
(1) The respondent may file a response to the application. 27
(2) The response must state-- 28
(a) the facts relied on by the respondent in response to the 29
application; and 30
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[s 33]
(b) the nature of the response in relation to each order 1
sought by the applicant. 2
(3) The respondent must file the response at least 5 business days 3
before the return date. 4
(4) The response must be accompanied by any affidavit the 5
respondent intends to rely on at the hearing of the application. 6
(5) If the respondent is a group of persons, the response must be 7
filed by a nominee mentioned in section 108. 8
33 Court may make public safety order 9
(1) The court may make a public safety order for the respondent if 10
the court is satisfied that prescribed grounds exist to make the 11
order. 12
(2) The public safety order may be made whether or not the 13
respondent is present or makes submissions. 14
Note for subsection (2)-- 15
See section 31, which imposes service requirements, and section 35, 16
which provides for making an order in urgent circumstances without 17
notifying the respondent. 18
34 Duration of public safety order 19
(1) A public safety order made by the court takes effect-- 20
(a) when it is made, if the respondent or a legal or other 21
representative of the respondent is present at the hearing 22
of the application; or 23
(b) if paragraph (a) does not apply--when the 24
commissioner serves the order on the respondent. 25
(2) Service under subsection (1)(b) must be by personal service 26
or, if personal service is not practicable or the respondent is a 27
group of persons, by public notice. 28
(3) A public safety order made by the court remains in force until 29
the earlier of the following-- 30
(a) the order is revoked; 31
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[s 35]
(b) the date stated in the order, which must not be more than 1
6 months after the order is made. 2
35 Applications without notice 3
(1) Despite sections 31(5)(c) and 32, the commissioner may 4
apply to the court for, or for the extension of, a public safety 5
order under section 31 without notice to the respondent. 6
(2) The commissioner may only apply under subsection (1) if the 7
commissioner considers it is necessary to do so because of 8
urgent circumstances. 9
(3) The application may be made by telephone, subject to any 10
practice directions. 11
(4) The court must consider the application. 12
(5) However, the court may, at any time before finally deciding 13
the application, direct the commissioner to give notice of the 14
application to the respondent in the way, and within the time, 15
the court considers appropriate. 16
(6) An order made under this section without notice of the 17
application being given to the respondent remains in force 18
only for a period of 24 hours unless the court directs 19
otherwise. 20
(7) The court may revoke the order at any time. 21
(8) Subsection (6) does not prevent the court granting an 22
extension or further extension of the order, or granting another 23
order for the same circumstances, if an application for the 24
extension or other order is made under this part, other than 25
this section. 26
(9) Despite section 67, the court may decide an application under 27
this section before deciding an application under part 6 that 28
particular information, on which the commissioner relies for 29
the application under this section, is criminal intelligence. 30
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[s 36]
36 Revocation or variation of public safety order made by 1
court 2
(1) The court, at any time on application by the commissioner, 3
may vary or revoke a public safety order. 4
(2) An application must state-- 5
(a) the grounds on which the variation or revocation is 6
sought; and 7
(b) the information supporting the grounds on which 8
variation or revocation is sought. 9
(3) The application must be accompanied by any affidavit the 10
commissioner intends to rely on at the hearing of the 11
application. 12
(4) The commissioner must serve a copy of the application, with 13
any accompanying affidavit, on the respondent. 14
(5) The commissioner must serve a copy of the variation or 15
revocation order on the respondent as soon as reasonably 16
practicable after it is made. 17
(6) Service of the application or order must be by personal service 18
or, if personal service is not practicable or the respondent is a 19
group of persons, by public notice. 20
(7) The commissioner must give copies of the application and any 21
supporting material to the COPIM under arrangements 22
decided by the COPIM. 23
Note for subsection (7)-- 24
Under section 88(2), this requirement does not apply to particular 25
material about informants. 26
Division 3 Enforcement 27
37 Powers for premises, event or area in relation to a public 28
safety order 29
(1) A police officer may, without a warrant, enter a public safety 30
place to search for a person for whom a public safety order 31
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[s 37]
has been made for the purpose of serving a copy of the order 1
on the person. 2
(2) A police officer may, without a warrant, stop, detain and 3
search a vehicle approaching, in or leaving a public safety 4
place-- 5
(a) to search for a person for whom a public safety order 6
has been made; or 7
(b) to serve a copy of a public safety order on a person for 8
whom it has been made. 9
(3) A police officer may-- 10
(a) stop a person or group of persons for whom a public 11
safety order has been made from entering a public safety 12
place; or 13
(b) remove a person or group of persons for whom a public 14
safety order has been made from a public safety place. 15
(4) However, before exercising a power under subsection (3), a 16
police officer must, if it is reasonably practicable to do so, first 17
give the person against whom the power is to be exercised a 18
direction-- 19
(a) for subsection (3)(a)--not to enter the public safety 20
place; or 21
(b) for subsection (3)(b)--to leave the public safety place. 22
(5) A police officer may give any direction and use force that is 23
reasonably necessary to exercise a power under subsection 24
(1), (2) or (3). 25
(6) A person must not contravene a direction given by a police 26
officer under this section, unless the person has a reasonable 27
excuse. 28
Maximum penalty--40 penalty units. 29
Note-- 30
See the Police Powers and Responsibilities Act 2000, section 790, for 31
the offence of obstructing or assaulting a police officer in the 32
performance of the officer's duties. 33
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Part 5 Fortification removal orders
[s 38]
(7) In this section-- 1
public safety place means-- 2
(a) premises or an area to which a public safety order 3
applies; or 4
(b) a place where an event is taking place to which a public 5
safety order applies. 6
38 Contravention of public safety order 7
(1) A person must not knowingly contravene a public safety order 8
made for the person or a group of persons of which the person 9
is member. 10
Maximum penalty--1 year's imprisonment. 11
(2) A person knowingly contravenes a public safety order if the 12
person does an act or makes an omission the person knows, or 13
ought reasonably to know, is a contravention of the public 14
safety order. 15
Part 5 Fortification removal orders 16
Division 1 Preliminary 17
39 Definitions for pt 5 18
In this part-- 19
enforcement action see section 50(1). 20
enforcer see section 50(1). 21
fortification means any structure or device that, alone or as a 22
system or part of a system, is designed to stop or hinder, or to 23
provide any other form of step against, uninvited entry to 24
premises. 25
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Part 5 Fortification removal orders
[s 40]
Example of a device that may be part of a system-- 1
a video surveillance system, also called security camera surveillance 2
fortified premises, for a provision about-- 3
(a) an application for a fortification removal order--means 4
the premises on which the fortification the subject of the 5
application exists; or 6
(b) a fortification removal order--means the premises the 7
subject of the order. 8
remove, for a provision about a fortification, includes 9
demolishing the fortification. 10
responsible person, for a provision about a fortification 11
removal order or the taking of enforcement action, means-- 12
(a) the respondent; and 13
(b) any other person who-- 14
(i) participated in causing the fortifications to be 15
made; and 16
(ii) was the occupier of the fortified premises when the 17
order was made. 18
40 Relationship with Planning Act and development 19
approvals 20
(1) This section applies for the carrying out of development as 21
defined under the Planning Act-- 22
(a) authorised under a fortification removal order; or 23
(b) that is enforcement action. 24
(2) If, other than for this subsection, the development would be 25
any of the following under the Planning Act it is taken to be 26
exempt development under that Act-- 27
(a) assessable development; 28
(b) development requiring compliance assessment; 29
(c) prohibited development. 30
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Part 5 Fortification removal orders
[s 41]
(3) The development may be carried out despite any development 1
approval under the Planning Act. 2
Division 2 Applying for and obtaining 3
fortification removal order 4
41 Commissioner may apply for order 5
(1) The commissioner may apply to the court for a fortification 6
removal order for a person or organisation (the respondent) in 7
relation to a fortification (the fortification). 8
(2) The person dealt with as the respondent must be a person or 9
organisation who is, alone or with others, an occupier of the 10
fortified premises. 11
(3) The application must state the following-- 12
(a) details sufficient to identify the respondent, the 13
fortification and the fortified premises; 14
(b) the grounds on which the order is sought; 15
(c) the information supporting the grounds; 16
(d) details of any previous application relating to the 17
respondent, the fortification or the fortified premises; 18
(e) that the respondent may, under section 42, file a 19
response to the application. 20
(4) The application must be accompanied by any affidavit the 21
commissioner intends to rely on at the hearing of the 22
application. 23
(5) The application, with any accompanying affidavit, must-- 24
(a) be filed; and 25
(b) on filing, state as the return date a day within 35 days 26
after the filing; and 27
(c) after being filed, be served by the commissioner on the 28
respondent-- 29
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Part 5 Fortification removal orders
[s 42]
(i) by personal service within 7 business days after the 1
filing; or 2
(ii) if personal service is not practicable, or if the 3
respondent is an unincorporated association, by 4
public notice within 10 days after filing. 5
(6) The commissioner must give copies of the application and any 6
supporting material to the COPIM under arrangements 7
decided by the COPIM. 8
Note for subsection (6)-- 9
Under section 88(2), this requirement does not apply to particular 10
material about informants. 11
42 Response by respondent 12
(1) The respondent may file a response to the application. 13
(2) The response must state-- 14
(a) the facts relied on by the respondent in response to the 15
application; and 16
(b) the nature of the response in relation to each order 17
sought by the applicant. 18
(3) The respondent must file the response at least 5 business days 19
before the return date. 20
(4) The response must be accompanied by any affidavit the 21
respondent intends to rely on at the hearing of the application. 22
43 Court may make order 23
(1) The court may make a fortification removal order for the 24
respondent in relation to the fortification if the court is 25
satisfied of all of the following matters-- 26
(a) the fortified premises have a fortification; 27
(b) the fortified premises are either-- 28
(i) being, have been or are likely to be, used for or in 29
connection with the commission of a serious 30
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Part 5 Fortification removal orders
[s 44]
criminal offence, to conceal evidence of, or to keep 1
proceeds of, a serious criminal offence; or 2
(ii) owned or habitually occupied or used by a criminal 3
organisation or a member, prospective member or 4
an associate of a criminal organisation; 5
(c) the extent or nature of the fortification is excessive for 6
any lawful use of that type of premises. 7
(2) The order may be made whether or not the respondent is 8
present or makes submissions. 9
Note-- 10
See section 41(5) for service requirements and also section 47(2). 11
44 Inspection period must be fixed 12
(1) If the court makes the fortification removal order, the court 13
must fix a period for inspection of the fortified premises after 14
the order takes effect. 15
(2) During the inspection period, the commissioner or a police 16
officer authorised by the commissioner may, with the help, 17
and using the force, that is reasonably necessary, enter and 18
re-enter the fortified premises from time to time to confirm 19
whether or not-- 20
(a) the order has not been complied with; and 21
(b) any other fortifications have been erected on the 22
fortified premises. 23
(3) For subsection (2), sections 51 and 52 apply, with necessary 24
changes, as if a reference in the sections to the taking of 25
enforcement action were a reference to inspecting the 26
premises for the purposes under subsection (2). 27
45 Ancillary orders about enforcement 28
(1) The court may include in the fortification removal order any 29
other order (an enforcement order) about the enforcement of 30
the fortification removal order that the court thinks fit. 31
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[s 46]
Example of a possible enforcement order-- 1
The fortified premises is used as a principal place of residence. The 2
court might also make an order about what hours enforcement action 3
relating to the fortification removal order may be taken. 4
(2) In deciding whether to make an enforcement order, the court 5
may take into account-- 6
(a) whether the fortified premises or other premises near to 7
it are used as a principal place of residence; and 8
(b) the interests of any occupiers of the premises or nearby 9
premises who are not the respondent and who may be 10
affected by the enforcement of the order; and 11
(c) any relevant noise standards under the Environmental 12
Protection Act 1994. 13
Note-- 14
See also section 53. 15
(3) An enforcement order may add to or limit the powers under 16
division 4. 17
46 Content of order 18
(1) The fortification removal order must state-- 19
(a) the fortification and the fortified premises; and 20
(b) the time or the period within which the fortification 21
must be removed or modified; and 22
(c) if the order requires the fortification to be 23
modified--details of the modification; and 24
(d) the inspection period fixed under section 44 and the 25
powers under section 44(2); and 26
(e) when, under section 47, the order takes effect. 27
(2) Also, unless the terms of the order otherwise provide, the 28
order must state that, under division 4, the commissioner or a 29
police officer authorised by the commissioner has power to 30
enforce the order if-- 31
(a) the order has taken effect; and 32
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Part 5 Fortification removal orders
[s 47]
(b) the period within which to file an appeal about the order 1
has ended and-- 2
(i) no appeal by the respondent about the order has 3
been filed; or 4
(ii) any appeal by the respondent about the order has 5
ended; and 6
(c) the order has not been complied with. 7
47 When order takes effect 8
(1) The fortification removal order takes effect when it is made if 9
the respondent or a legal or other representative of the 10
respondent was present at the hearing of the application. 11
(2) Otherwise, the order takes effect when the commissioner 12
serves the order on the respondent. 13
(3) Service under subsection (2) must be-- 14
(a) by personal service; or 15
(b) if personal service is not practicable or the respondent is 16
an unincorporated association, by public notice. 17
Division 3 Stays 18
48 Automatic stay on appeal 19
The filing of a notice of appeal about a fortification removal 20
order stays the operation of the order until the appeal is 21
withdrawn or dismissed. 22
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Part 5 Fortification removal orders
[s 49]
Division 4 Enforcement 1
Subdivision 1 Preliminary 2
49 Application of div 4 3
This division applies if-- 4
(a) a fortification removal order has taken effect; and 5
(b) the period within which to file an appeal by the 6
respondent about the order has ended and-- 7
(i) no appeal by the respondent about the order has 8
been filed; or 9
(ii) any appeal about the order has been withdrawn or 10
dismissed; and 11
(c) the order has not been complied with. 12
Subdivision 2 Enforcement of order 13
50 General enforcement powers 14
(1) The commissioner or a police officer authorised by the 15
commissioner (each an enforcer) may cause the fortification 16
the subject of the fortification removal order to be removed or 17
modified to the extent required under the order (enforcement 18
action). 19
(2) An enforcer may, for the taking of the enforcement action, do 20
all or any of the following-- 21
(a) enter the fortified premises; 22
(b) remain on the fortified premises for the time necessary 23
to achieve the removal or modification; 24
(c) leave and re-enter the fortified premises from time to 25
time; 26
(d) obtain expert or technical advice; 27
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Part 5 Fortification removal orders
[s 51]
(e) take into or onto the fortified premises any persons, 1
equipment and materials the enforcer reasonably 2
requires to take the action; 3
(f) require the occupier of the fortified premises, or a 4
person in or on the premises, to give the enforcer 5
reasonable help to take the action or exercise the powers 6
under paragraphs (a) to (e); 7
(g) remove any person from the fortified premises if it is 8
necessary or desirable to do so to take the action. 9
(3) An enforcer may use force that is reasonably necessary to 10
remove a person under subsection (2)(g). 11
(4) The powers under this section-- 12
(a) may, subject to sections 51 and 52 and the terms of the 13
order, be exercised at any time and as often as is 14
required to achieve the removal or modification; and 15
(b) do not limit or otherwise affect any enforcement powers 16
under the order. 17
51 Procedure for entry 18
(1) This section applies if-- 19
(a) an enforcer is intending to enter the fortified premises 20
for the taking of the enforcement action; and 21
(b) a person who is the respondent or an occupier of the 22
fortified premises is present at the premises. 23
(2) Before entering the fortified premises, the enforcer must do, 24
or make a reasonable attempt to do, the following-- 25
(a) identify herself or himself to the person; 26
(b) tell the person-- 27
(i) the purpose of the entry; and 28
(ii) that the enforcer is permitted under this Act to 29
enter the fortified premises without the person's 30
consent; and 31
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Part 5 Fortification removal orders
[s 52]
(iii) about any ancillary powers the enforcer thinks may 1
need to be exercised to take the enforcement 2
action; 3
(c) give the person an opportunity to allow the enforcer to 4
enter the fortified premises immediately without using 5
force. 6
(3) However, subsection (2) does not apply if the fortification 7
makes it impracticable to tell the occupier anything. 8
(4) In this section-- 9
ancillary powers means-- 10
(a) the powers under section 50(2)(d) to (g) as affected by 11
the fortification removal order; and 12
(b) any powers under the fortification removal order. 13
52 Requirements for entry to buildings on premises 14
(1) An enforcer or a person authorised by an enforcer may enter a 15
building on the premises only if the enforcer reasonably 16
believes the entry is needed to take the enforcement action. 17
(2) Also, a person mentioned in subsection (1) may enter a part of 18
the building where a person resides only if-- 19
(a) the enforcer reasonably believes the fortification 20
consists of or includes that part; and 21
(b) entry to the part is needed to take the enforcement 22
action. 23
53 Exemption from compliance with noise standards 24
(1) Noise made or caused to be made during the taking of the 25
enforcement action does not constitute an offence against the 26
Environmental Protection Act 1994, section 440Q. 27
(2) However, subsection (1) does not apply if the enforcement 28
action is taken at a time prohibited under the fortification 29
removal order. 30
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Part 5 Fortification removal orders
[s 54]
Subdivision 3 Powers after taking enforcement 1
action 2
54 Forfeiture of removed fortification 3
(1) The commissioner may forfeit to the State any fortification 4
removed in taking the enforcement action. 5
(2) On the forfeiture, the removed fortification-- 6
(a) becomes the property of the State; and 7
(b) may, subject to any direction given under the Police 8
Service Administration Act 1990, section 4.6, be dealt 9
with by the commissioner as the commissioner 10
considers appropriate. 11
(3) Without limiting subsection (2), the commissioner may 12
destroy or dispose of the removed fortification. 13
(4) Subsections (5) and (6) apply if the commissioner proposes to 14
sell the removed fortification. 15
(5) The sale must be by auction. 16
(6) The proceeds of the sale must be applied in the following 17
order-- 18
(a) first, in meeting the expenses of the sale; 19
(b) second, in meeting any reasonable costs incurred in-- 20
(i) taking the enforcement action; and 21
(ii) storing the removed fortification; and 22
(iii) doing anything necessary to prepare them for sale; 23
(c) third, to the consolidated fund. 24
(7) An amount applied under subsection (6)(c) is a net proceed 25
from the fortification. 26
55 Recovery of enforcement costs 27
(1) The State may recover from a responsible person as a debt any 28
reasonable costs incurred in taking the enforcement action. 29
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Part 5 Fortification removal orders
[s 56]
(2) However, if-- 1
(a) the fortification the subject of the enforcement action 2
were removed in taking the action; and 3
(b) the removed fortification has been forfeited to the State 4
under section 54; 5
any net proceed from the fortification must be set off against 6
the amount of the debt. 7
Division 5 Miscellaneous provisions 8
56 Hindering removal or modification of a fortification 9
(1) A person who does an act or makes an omission with intent to 10
hinder any of the following commits a crime-- 11
(a) the removal or modification of a fortification under a 12
fortification removal order; 13
(b) the taking of enforcement action. 14
Maximum penalty--5 years imprisonment. 15
(2) In this section-- 16
fortification removal order only includes a fortification 17
removal order if-- 18
(a) the order has taken effect; and 19
(b) the period within which to file an appeal about the order 20
has ended and-- 21
(i) no appeal by the respondent about the order has 22
been filed; or 23
(ii) any appeal by the respondent about the order has 24
been withdrawn or dismissed. 25
hinder includes prevent, obstruct, interfere with and delay. 26
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Part 5 Fortification removal orders
[s 57]
57 Compensation from State to particular owners 1
(1) This section applies if-- 2
(a) a fortification has been removed or modified under a 3
fortification removal order or because of the taking of 4
enforcement action; and 5
(b) the owner of the fortified premises is someone other 6
than a responsible person. 7
(2) The owner may claim compensation from the State for any 8
reasonable costs incurred for all or any of the following-- 9
(a) repairing any damage to the fortified premises because 10
of the removal or modification; 11
(b) restoring the fortified premises to the condition they 12
were in before the fortification was made. 13
(3) The compensation may be claimed and ordered in a 14
proceeding brought in a court of competent jurisdiction. 15
(4) A court may order compensation in a proceeding to be paid 16
only if it is satisfied it is just to make the order in the 17
circumstances of the particular case. 18
(5) A regulation may prescribe matters that may, or must, be 19
taken into account by the court when considering whether it is 20
just to make the order mentioned subsection (4). 21
58 Recovery of paid compensation from responsible person 22
(1) This section applies if-- 23
(a) an owner mentioned in section 57 has made a claim 24
against the State under that section; and 25
(b) the State has paid the owner an amount for the claim. 26
(2) The State may recover the amount from any responsible 27
person as a debt. 28
(3) However, any net proceed from the relevant fortification that 29
has not already been set off under section 55(2) must be set off 30
against the amount. 31
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Part 6 Criminal intelligence
[s 59]
(4) For this section it does not matter-- 1
(a) whether the amount was paid because of a judgment in a 2
proceeding for the claim or under a compromise of the 3
claim; or 4
(b) that the responsible person was not a party to the 5
proceeding or compromise. 6
Part 6 Criminal intelligence 7
Division 1 Preliminary 8
59 What is criminal intelligence 9
Criminal intelligence is information relating to actual or 10
suspected criminal activity, whether in the State or elsewhere, 11
the disclosure of which could reasonably be expected to-- 12
(a) prejudice a criminal investigation; or 13
(b) enable the discovery of the existence or identity of a 14
confidential source of information relevant to law 15
enforcement; or 16
(c) endanger a person's life or physical safety. 17
60 Objects of pt 6 18
The objects of this part are to-- 19
(a) allow evidence that is or contains criminal intelligence 20
to be admitted in applications under this Act without the 21
evidence-- 22
(i) prejudicing criminal investigations; or 23
(ii) enabling the discovery of the existence or identity 24
of confidential sources of information relevant to 25
law enforcement; or 26
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Part 6 Criminal intelligence
[s 61]
(iii) endangering anyone's life or physical safety; and 1
(b) prohibit the unlawful disclosure of particular criminal 2
intelligence. 3
Note-- 4
For the prohibited disclosures, see section 82. 5
61 Affidavit contents 6
An affidavit relied on or to be relied on by the commissioner 7
in an application under this part may contain statements based 8
on information and belief if the person making the affidavit 9
states the sources of the information and the grounds for the 10
belief. 11
62 Part subject to COPIM provisions 12
This part applies subject to part 7. 13
Division 2 Declaration of criminal intelligence 14
63 Applying for declaration 15
(1) The commissioner may apply to the court (a criminal 16
intelligence application) for a declaration that particular 17
information is criminal intelligence (declared criminal 18
intelligence). 19
(2) However, the commissioner may make the application only if 20
the commissioner reasonably believes the information is 21
criminal intelligence. 22
(3) The application must-- 23
(a) state-- 24
(i) that the commissioner seeks a declaration that 25
particular information is declared criminal 26
intelligence; and 27
(ii) the grounds on which the declaration is sought; and 28
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Part 6 Criminal intelligence
[s 64]
(b) identify the information; and 1
(c) include an explanation of-- 2
(i) any system currently used in the police service for 3
classifying intelligence; and 4
(ii) the classification assigned to the information, 5
under the system, in relation to its reliability or 6
credibility. 7
(4) An affidavit to be relied on by the commissioner at the hearing 8
must be filed with the application. 9
(5) The commissioner must give copies of the application and any 10
supporting material to the COPIM under arrangements 11
decided by the COPIM. 12
Note for subsection (5)-- 13
Under section 88(2), this requirement does not apply to particular 14
material about informants. 15
64 Additional affidavit if informant relied on 16
(1) This section applies if the intelligence was provided to the 17
commissioner by an informant. 18
(2) The informant can not be called to give evidence. 19
(3) The commissioner must, at any time before the hearing of the 20
application, file an affidavit by the police officer who handles 21
the informant. 22
(4) The affidavit must-- 23
(a) contain-- 24
(i) the informant's full criminal history, including 25
pending charges; and 26
(ii) any allegations of professional misconduct against 27
the informant; and 28
(iii) any inducements or rewards offered or provided to 29
the informant in return for assistance; and 30
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Criminal Organisation Bill 2009
Part 6 Criminal intelligence
[s 65]
(b) state the reasons that the police officer holds an honest 1
and reasonable belief that the intelligence is reliable. 2
65 Registrar to secure information 3
(1) The registrar must seal the following documents and store 4
them in a secure place immediately upon their filing-- 5
(a) the application; 6
(b) any document filed in support of the application; 7
(c) any affidavit filed under section 64; 8
(d) any order made for the application. 9
(2) The Public Records Act 2002 does not apply to the 10
documents. 11
(3) Unless the court otherwise orders, the documents must not be 12
made available for inspection by anyone other than-- 13
(a) the registrar; or 14
(b) the presiding judge or judge's associate; or 15
(c) the COPIM; or 16
(d) a reviewer under section 131. 17
(4) However, the COPIM can not inspect any part of the 18
documents to the extent they disclose-- 19
(a) an informant's name, an informant's current location or 20
where an informant resides; or 21
(b) a position held by an informant in an organisation. 22
(5) An order may be made under subsection (3) only if-- 23
(a) the court considers access to the documents by the other 24
person is needed to perform functions under this Act or 25
the Crime and Misconduct Act 2001; and 26
(b) the court considers the access will not-- 27
(i) prejudice any criminal investigation; or 28
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Criminal Organisation Bill 2009
Part 6 Criminal intelligence
[s 65]
(ii) enable the discovery by further persons of the 1
existence or identity of confidential sources of 2
information relevant to law enforcement; or 3
(iii) endanger anyone's life or physical safety; and 4
(c) the court has given the other person a warning about the 5
confidential nature of information contained in the 6
documents and the unlawful disclosure offence. 7
(6) The registrar may-- 8
(a) make electronic copies of the documents mentioned in 9
subsection (1)(a) to (c) on a storage device; and 10
(b) after the end day for the application-- 11
(i) return the documents that have been copied to the 12
commissioner; and 13
(ii) store the storage device, unconnected to any 14
computer, in a secure place. 15
(7) This section applies even if the application is withdrawn or 16
dismissed. 17
(8) If the criminal intelligence declaration applied for is made, 18
this section ceases to apply if the declaration is revoked. 19
(9) In this section-- 20
end day, for the application, means-- 21
(a) if the application ends before it is decided, the day the 22
application ends; or 23
(b) if the application is decided-- 24
(i) the last day on which an appeal may be made 25
against the decision; or 26
(ii) if an appeal is made against the decision, the day 27
the appeal ends. 28
storage device does not include a device that is a computer 29
hard drive or other permanent part of a computer. 30
Page 56
Criminal Organisation Bill 2009
Part 6 Criminal intelligence
[s 66]
66 Hearing ex parte 1
The court must consider the criminal intelligence application 2
without notice of it having been given other than to the 3
COPIM. 4
67 Criminal intelligence application heard first 5
(1) If the commissioner relies on the information for a substantive 6
application, the criminal intelligence application must be 7
decided first. 8
(2) Subsection (1) applies no matter when the applications were 9
filed. 10
68 Court warning about confidentiality 11
Before hearing the criminal intelligence application, the court 12
must give a warning about the confidential nature of the 13
information and the unlawful disclosure offence. 14
69 Requirements for transcript of hearing 15
(1) The warning required under section 68 must be recorded in 16
bold print at the start of the transcript of the hearing. 17
(2) Each page of the transcript must be watermarked with a 18
warning directing the reader to the unlawful disclosure 19
offence. 20
70 Special closed hearing 21
(1) The hearing of the criminal intelligence application is a closed 22
hearing to the extent provided under this section. 23
(2) To ensure the hearing is closed, the court must exclude from it 24
all persons or particular persons other than the following-- 25
(a) the applicant; 26
(b) the applicant's legal and other representatives; 27
(c) the COPIM; 28
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Part 6 Criminal intelligence
[s 71]
(d) any witness who may be called to give evidence under 1
this part; 2
(e) court staff necessary for the hearing. 3
71 Oral evidence by police officers 4
(1) With the court's leave, a police officer who is not an informant 5
may be called at the hearing to give evidence and be 6
cross-examined by the court or the COPIM. 7
(2) However, no question may be asked of the police officer that 8
could lead to the disclosure of-- 9
(a) an informant's name, an informant's current location or 10
where an informant resides; or 11
(b) a position held by an informant in an organisation. 12
72 Deciding application 13
(1) The court may declare that the information is criminal 14
intelligence if the court is satisfied the information is criminal 15
intelligence. 16
(2) In exercising its discretion to declare information to be 17
criminal intelligence, the court may have regard to whether 18
matters mentioned in section 60(a)(i) to (iii) outweigh any 19
unfairness to a respondent. 20
(3) If the court is not satisfied information is criminal intelligence 21
or proposes to exercise its discretion not to make the 22
declaration, it must, before deciding the application, give the 23
commissioner an opportunity to withdraw it. 24
(4) In this section-- 25
respondent means a respondent to any existing or possible 26
substantive application in which the information mentioned in 27
subsection (1) may be considered. 28
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Criminal Organisation Bill 2009
Part 6 Criminal intelligence
[s 73]
73 Duration of criminal intelligence declaration 1
(1) A criminal intelligence declaration takes effect when it is 2
made. 3
(2) A criminal intelligence declaration remains in force until the 4
declaration is revoked. 5
74 Revocation of criminal intelligence declaration 6
(1) The court, at any time on application by the commissioner, 7
may revoke a criminal intelligence declaration. 8
(2) The application must state-- 9
(a) the grounds on which the revocation is sought; and 10
(b) the information supporting the grounds on which 11
revocation is sought. 12
(3) The application must be accompanied by any affidavit the 13
commissioner intends to rely on at the hearing of the 14
application. 15
(4) The commissioner must give copies of the application and any 16
supporting material to the COPIM under arrangements 17
decided by the COPIM. 18
Note-- 19
Under section 88(2), this requirement does not apply to particular 20
material about informants. 21
(5) The court must consider the application without notice of it 22
having been given other than to the COPIM. 23
Division 3 Protection of declared criminal 24
intelligence for substantive 25
hearings 26
75 Application of div 3 27
(1) A substantive application is an application under this Act 28
other than a criminal intelligence application. 29
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Criminal Organisation Bill 2009
Part 6 Criminal intelligence
[s 76]
(2) This division applies if-- 1
(a) a substantive application is filed; and 2
(b) any document filed with the application or filed in 3
support of the application contains declared criminal 4
intelligence. 5
(3) If this division applies to a substantive application, this 6
division applies as well as any other provision of this Act 7
relating to the application. 8
76 Additional affidavit if informant relied on 9
(1) This section applies if the declared criminal intelligence was 10
provided to the commissioner by an informant. 11
(2) The informant can not be called to give evidence. 12
(3) The commissioner must, at any time before the hearing of the 13
substantive application, file an affidavit by the police officer 14
who handles the informant. 15
(4) The affidavit must-- 16
(a) contain-- 17
(i) the informant's full criminal history, including 18
pending charges; and 19
(ii) any allegations of professional misconduct against 20
the informant; and 21
(iii) any inducements or rewards offered or provided to 22
the informant in return for assistance; and 23
(b) state reasons why the police officer holds an honest and 24
reasonable belief that the intelligence is reliable. 25
77 Registrar to secure intelligence 26
(1) If any of the following documents contain declared criminal 27
intelligence the registrar must, immediately upon their filing, 28
seal and store them in a secure place-- 29
(a) any document filed with or in support of the application; 30
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Criminal Organisation Bill 2009
Part 6 Criminal intelligence
[s 77]
(b) any affidavit filed under section 76(3). 1
(2) The Public Records Act 2002 does not apply to the 2
documents. 3
(3) Unless the court otherwise orders, the documents must not be 4
made available for inspection by anyone other than-- 5
(a) the registrar; or 6
(b) the presiding judge or judge's associate; or 7
(c) the COPIM; or 8
(d) a reviewer under section 131. 9
(4) However, the COPIM can not inspect any part of the 10
documents to the extent they disclose-- 11
(a) an informant's name, an informant's current location or 12
where an informant resides; or 13
(b) a position held by an informant in an organisation. 14
(5) An order may be made under subsection (3) only if-- 15
(a) the court considers access to the documents by the other 16
person is needed to perform functions under this Act or 17
the Crime and Misconduct Act 2001; and 18
(b) the court considers the access will not-- 19
(i) prejudice any criminal investigation; or 20
(ii) enable the discovery by further persons of the 21
existence or identity of confidential sources of 22
information relevant to law enforcement; or 23
(iii) endanger anyone's life or physical safety; and 24
(c) the court has given the other person a warning about the 25
confidential nature of information contained in the 26
documents and the unlawful disclosure offence. 27
(6) The registrar may-- 28
(a) make electronic copies of the documents mentioned in 29
subsection (1)(a) and (b) on a storage device; and 30
(b) after the end day for the application-- 31
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Criminal Organisation Bill 2009
Part 6 Criminal intelligence
[s 78]
(i) return the documents that have been copied to the 1
commissioner; and 2
(ii) store the storage device, unconnected to any 3
computer, in a secure place. 4
(7) This section applies even if the application is withdrawn or 5
dismissed. 6
(8) This section ceases to apply if the criminal intelligence 7
declaration for the declared criminal intelligence is revoked. 8
(9) In this section-- 9
end day, for the application, means-- 10
(a) if the application ends before it is decided, the day the 11
application ends; or 12
(b) if the application is decided-- 13
(i) the last day on which an appeal may be made 14
against the decision; or 15
(ii) if an appeal is made against the decision, the day 16
the appeal ends. 17
storage device does not include a device that is a computer 18
hard drive or other permanent part of a computer. 19
78 Special closed hearing for consideration of intelligence 20
(1) The court must order any part of the hearing of the substantive 21
application in which the declared criminal intelligence is to be 22
considered (the relevant part) to be a closed hearing to the 23
extent provided under this section. 24
(2) The court must exclude from the relevant part all persons or 25
particular persons other than the following-- 26
(a) the commissioner; 27
(b) a police officer; 28
(c) the commissioner's legal representatives and nominees; 29
(d) the COPIM; 30
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Criminal Organisation Bill 2009
Part 6 Criminal intelligence
[s 79]
(e) court staff necessary for the hearing. 1
(3) Before the relevant part starts, the court must give a warning 2
about the confidential nature of the declared criminal 3
intelligence and the unlawful disclosure offence. 4
79 Requirements for transcript 5
(1) The warning required under section 78(3) must be recorded in 6
bold print at the start of the transcript of any part of the 7
hearing that is closed under that section. 8
(2) Each page of the part of the transcript must be watermarked 9
with a warning directing the reader to the unlawful disclosure 10
offence. 11
80 Oral evidence by police officers 12
(1) A police officer who is not an informant may be-- 13
(a) called at the hearing of the substantive application to 14
give evidence including or about the declared criminal 15
intelligence; and 16
(b) cross-examined by the court or the COPIM. 17
(2) However, no question may be asked of the police officer or the 18
COPIM that could lead to the disclosure of-- 19
(a) an informant's name, an informant's current location or 20
where an informant resides; or 21
(b) a position held by an informant in an organisation. 22
81 Admissibility not affected by declaration 23
To remove any doubt, it is declared that if, apart from the 24
declaration, the document would be admitted into evidence, it 25
must be admitted into evidence despite the declaration. 26
Page 63
Criminal Organisation Bill 2009
Part 6 Criminal intelligence
[s 82]
Division 4 Protection from unlawful disclosure 1
82 Unlawful disclosure of criminal intelligence or 2
information in informant affidavit 3
(1) This section applies to any of the following-- 4
(a) information that is or has ever been the subject of a 5
criminal intelligence application; 6
(b) information mentioned in section 64(4) or 76(4) 7
contained in an affidavit filed under section 64 or 76 (an 8
informant affidavit); 9
(c) declared criminal intelligence the declaration for which 10
has not been revoked. 11
(2) A person must not disclose the information or intelligence 12
unless the disclosure is-- 13
(a) made with lawful authority or excuse; or 14
(b) required under section 131; or 15
Editor's note-- 16
section 131 (Criminal intelligence given to reviewer) 17
(c) made only to the extent necessary to perform the 18
person's functions under or relating to this Act. 19
Examples of functions under this Act-- 20
· carrying out a review of this Act under part 9, division 6 21
· preparing a report under section 132 about a review of this 22
Act 23
(d) if the information is in an informant affidavit--by the 24
informant the subject of the affidavit. 25
Maximum penalty--85 penalty units or 1 year's 26
imprisonment. 27
(3) It is a defence to an offence against subsection (2) for the 28
defendant to prove-- 29
(a) the information or intelligence was publicly available 30
when the disclosure was made; or 31
Page 64
Criminal Organisation Bill 2009
Part 7 Criminal organisation public interest monitor
[s 83]
(b) that when the disclosure was made the defendant had an 1
honest and reasonable but mistaken belief that the 2
information or intelligence was not criminal 3
intelligence. 4
(4) For subsection (3)(b), it is not reasonable for the defendant to 5
hold the belief if the defendant received a warning under 6
section 131(2) for the information or intelligence. 7
Part 7 Criminal organisation public 8
interest monitor 9
Division 1 Appointment 10
83 Appointment of COPIM 11
(1) The Governor in Council may appoint a person as the criminal 12
organisation public interest monitor (the COPIM). 13
(2) The Governor in Council may, in an appointment, fix the 14
terms and conditions of the appointment. 15
(3) The COPIM is to be appointed under this Act and not under 16
the Public Service Act 2008. 17
(4) Appointment as the COPIM under this Act does not prevent 18
the appointee from-- 19
(a) being appointed as the public interest monitor or a 20
deputy public interest monitor under the Police Powers 21
and Responsibilities Act 2000 or the Crime and 22
Misconduct Act 2001; or 23
(b) carrying out functions of a public interest monitor under 24
an Act mentioned in paragraph (a) or another Act. 25
Page 65
Criminal Organisation Bill 2009
Part 7 Criminal organisation public interest monitor
[s 84]
84 Qualifications for appointment as COPIM 1
(1) A person is qualified for appointment as the COPIM if the 2
person has served as, or is qualified for appointment as, a 3
judge of-- 4
(a) the Supreme Court of Queensland; or 5
(b) the Supreme Court of another State; or 6
(c) the High Court of Australia; or 7
(d) the Federal Court of Australia. 8
(2) In deciding who to recommend to the Governor in Council for 9
appointment as the COPIM, the Minister must give priority, 10
among possible appointees who are otherwise equally 11
qualified and suitable for appointment, to a retired judge. 12
(3) A person may not be appointed as the COPIM if the person is 13
any of the following or is a member of, or employed in or by 14
or to help, any of the following-- 15
(a) the Director of Public Prosecutions; 16
(b) the Office of the Director of Public Prosecutions; 17
(c) the Crime and Misconduct Commission; 18
(d) the police service; 19
(e) the Commissioner for Children and Young People and 20
Child Guardian. 21
85 Procedure before appointment as COPIM 22
A person may be appointed or reappointed as the COPIM only 23
if the Minister has-- 24
(a) advertised nationally calling for applications from 25
suitably qualified persons to be considered for 26
appointment; and 27
(b) consulted with the Law, Justice and Safety Committee 28
about-- 29
(i) the process of selection for appointment; and 30
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Criminal Organisation Bill 2009
Part 7 Criminal organisation public interest monitor
[s 86]
(ii) the appointment of the person as the COPIM; and 1
(c) obtained and considered a report about the person's 2
personal and professional background to the extent it is 3
relevant to the person's suitability for appointment as 4
the COPIM. 5
Division 2 Functions 6
86 COPIM's functions 7
The COPIM's functions are-- 8
(a) to monitor each application to the court for a criminal 9
organisation order or the variation or revocation of a 10
criminal organisation order; and 11
(b) to monitor each criminal intelligence application; and 12
(c) to test, and make submissions to the court about, the 13
appropriateness and validity of the monitored 14
application. 15
87 Performance of functions by another monitor if COPIM 16
unavailable 17
(1) This section applies if, at the time of an application to a court, 18
the COPIM is not available. 19
(2) With the consent of the court and the commissioner, a monitor 20
may perform the functions of the COPIM for the application. 21
(3) This Act applies to the monitor, in relation to the performance 22
of the COPIM's functions, as if the monitor were the COPIM. 23
(4) In this section-- 24
monitor means the public interest monitor or a deputy public 25
interest monitor under the Police Powers and Responsibilities 26
Act 2000 or the Crime and Misconduct Act 2001. 27
Page 67
Criminal Organisation Bill 2009
Part 7 Criminal organisation public interest monitor
[s 88]
88 Material to be given to COPIM 1
(1) At a hearing for an application at which the COPIM appears, 2
the applicant must give to the COPIM as soon as reasonably 3
practicable all material given by the applicant to the court. 4
(2) However, a requirement under this Act to give material to the 5
COPIM does not apply to material to the extent it discloses-- 6
(a) an informant's name, an informant's current location or 7
where an informant resides; or 8
(b) a position held by an informant in an organisation. 9
(3) Material given to the COPIM may refer to an informant by 10
way of a unique identifier. 11
(4) The COPIM must-- 12
(a) store the material in a secure place; and 13
(b) return the material to the applicant after completing the 14
report under section 92 for the period in which the 15
application was made. 16
(5) A COPIM is entitled to access to a record, or to a transcript of 17
a record, of a hearing at which the COPIM appears. 18
89 Appearance and role of COPIM at hearing 19
(1) This section applies to a hearing for an application at which 20
the COPIM appears. 21
(2) The COPIM may-- 22
(a) for the purpose of testing the appropriateness and 23
validity of the application-- 24
(i) present questions for the applicant to answer; or 25
(ii) examine or cross-examine a witness; or 26
(b) make submissions to the court about the appropriateness 27
of granting the application. 28
(3) However, the COPIM must not make a submission to the 29
court while a respondent or a legal representative of a 30
respondent is present. 31
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Criminal Organisation Bill 2009
Part 7 Criminal organisation public interest monitor
[s 90]
(4) Also, the court may, in its discretion, exclude the COPIM 1
from the hearing while a respondent or a legal representative 2
of a respondent is present. 3
(5) In this section-- 4
present includes present by way of an audiovisual link or 5
audio link. 6
Division 3 Miscellaneous 7
90 Restrictions on legal practice during or after appointment 8
as COPIM 9
(1) A person who is or was the COPIM (the first person) must not 10
act as a lawyer for-- 11
(a) an organisation if-- 12
(i) the organisation is a criminal organisation; or 13
(ii) the organisation is or was a respondent to a 14
relevant application and the first person appeared 15
as the COPIM at the hearing for the application; or 16
(iii) the first person obtained criminal intelligence 17
about the organisation because of the first person's 18
appointment as the COPIM; or 19
(b) an individual if-- 20
(i) the individual is or was a respondent to a relevant 21
application and the first person appeared as the 22
COPIM at the hearing for the application; or 23
(ii) the first person obtained criminal intelligence 24
about the individual because of the first person's 25
appointment as the COPIM; or 26
(iii) the first person knows, or ought reasonably to 27
know, that the individual is or was a member of an 28
organisation while the organisation is or was an 29
organisation mentioned in paragraph (a); or 30
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Criminal Organisation Bill 2009
Part 7 Criminal organisation public interest monitor
[s 91]
(c) a person who the first person knows, or ought 1
reasonably to know, has been convicted of an offence 2
against this Act. 3
(2) A failure by a lawyer to comply with subsection (1) is capable 4
of constituting unsatisfactory professional conduct or 5
professional misconduct under the Legal Profession Act 2007. 6
(3) In this section-- 7
relevant application means an application mentioned in 8
section 86. 9
91 Functions of Law, Justice and Safety Committee 10
(1) The Law, Justice and Safety Committee has the following 11
functions-- 12
(a) to monitor and review the performance of the COPIM's 13
functions under this Act; 14
(b) to report to the Legislative Assembly, commenting as it 15
considers appropriate, on any matter about the COPIM 16
the committee considers should be brought to the 17
Assembly's attention; 18
(c) to examine each annual report tabled in the Legislative 19
Assembly under this Act. 20
(2) However, the committee must not be given access to any 21
criminal intelligence. 22
92 Annual report 23
(1) As soon as is reasonably practicable after the end of each 24
financial year, but within 4 months after the end of the 25
financial year, the COPIM must prepare and give to the 26
Minister a written report about the performance of the 27
COPIM's functions under this Act during the financial year. 28
(2) The report must not include criminal intelligence. 29
(3) The report may include recommendations. 30
Page 70
Criminal Organisation Bill 2009
Part 8 Corresponding orders
[s 93]
(4) The Minister must table a copy of the report in the Legislative 1
Assembly within 14 sitting days after receiving the report. 2
Part 8 Corresponding orders 3
93 Application for registration of a corresponding order in 4
Queensland 5
(1) The commissioner may apply to the registrar for the 6
registration of a corresponding order. 7
(2) The application must be accompanied by-- 8
(a) an affidavit including or accompanied by the 9
following-- 10
(i) a copy of the corresponding order; 11
(ii) enough information to enable the registrar to find 12
that the order is a corresponding order that is in 13
force; and 14
(b) any other affidavit the commissioner intends to rely on 15
at the hearing of the application. 16
(3) If the application relates to a corresponding control order, the 17
application must state-- 18
(a) whether the commissioner believes it is necessary for 19
the corresponding control order to be adapted or 20
modified for its effective operation in the State; and 21
(b) if so, the details of the adaptation or modification that 22
the commissioner believes to be necessary. 23
Example-- 24
A condition imposed on the respondent under a corresponding control 25
order is expressed in terms of legislation of the State in which the order 26
was made. The application may state that the commissioner believes it is 27
necessary for the order to be modified to refer to Queensland legislation. 28
Page 71
Criminal Organisation Bill 2009
Part 8 Corresponding orders
[s 94]
94 Registration of a corresponding order 1
(1) This section applies if the registrar is satisfied that-- 2
(a) the corresponding order is in force; and 3
(b) the corresponding order was served, or was taken to be 4
served, on the organisation, person or group of persons 5
against whom it was made (the respondent) under the 6
law of the jurisdiction where the order was made. 7
(2) Subject to section 95, the registrar must register the 8
corresponding order, whether or not the respondent is given 9
notice of the application to the registrar. 10
(3) A registered corresponding order is registered for the period 11
during which the corresponding order, as originally made, is 12
in force. 13
(4) A regulation may-- 14
(a) prescribe the way the registrar is to register a 15
corresponding order or a varied corresponding control 16
order; and 17
(b) provide for the keeping of the register and access to it. 18
95 Referral of corresponding control order to court for 19
adaptation or modification 20
(1) This section applies if the application is for the registration of 21
a corresponding control order and-- 22
(a) under section 93(3)(b), the application states an 23
adaptation or modification that the commissioner 24
believes to be necessary for the effective operation of 25
the order in the State; or 26
(b) the registrar believes it is necessary for the 27
corresponding control order to be adapted or modified 28
for its effective operation in the State. 29
(2) The registrar must refer the corresponding control order to the 30
court for adaptation or modification. 31
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Criminal Organisation Bill 2009
Part 8 Corresponding orders
[s 95]
(3) The commissioner must serve a copy of the application for 1
registration of the corresponding control order, with any 2
accompanying affidavit, and an appearance notice, on the 3
respondent. 4
(4) Service must be-- 5
(a) by personal service; or 6
(b) if personal service is not practicable, by public notice. 7
(5) The application may be heard in the respondent's absence if 8
the court is satisfied a copy of the application and an 9
appearance notice were served on the respondent under 10
subsections (3) and (4). 11
(6) However, the court may, at any time before deciding the 12
application, direct the commissioner to give a further 13
appearance notice to the respondent. 14
(7) The court may vary the corresponding control order for the 15
purposes of its registration by adapting or modifying it in a 16
way the court considers necessary or desirable for its effective 17
operation in the State. 18
(8) For varying the corresponding control order as mentioned in 19
subsection (7), the court must consider-- 20
(a) anything that could be considered by the court if the 21
application were for a control order under this Act; and 22
(b) any changes in the respondent's circumstances since the 23
corresponding control order was made. 24
(9) The registrar must register the corresponding control order as 25
varied by the court. 26
(10) In this section-- 27
appearance notice means a notice in the approved form 28
stating the following in relation to a corresponding control 29
order-- 30
(a) that an application for the registration of the 31
corresponding control order has been referred to the 32
court; 33
Page 73
Criminal Organisation Bill 2009
Part 8 Corresponding orders
[s 96]
(b) when and where the application is to be heard; 1
(c) that the respondent is required to appear at the hearing; 2
(d) that the court may register the corresponding control 3
order, or the corresponding control order as varied by 4
the court, in the respondent's absence if the respondent 5
fails to appear at the hearing. 6
Note-- 7
This section and section 94 do not provide for a role for the COPIM due 8
to the limited nature of the power to register, or to adapt or modify and 9
register, the corresponding order. 10
96 Action by the registrar and commissioner after 11
registration of a corresponding order 12
(1) No later than 2 business days after registering a corresponding 13
order, the registrar must give the commissioner a certificate of 14
the registration with a copy of the registered corresponding 15
order attached. 16
(2) The registrar may not ask the commissioner for any fee, or 17
reimbursement for any expenses incurred, under this part. 18
(3) As soon as reasonably practicable after receiving a copy of the 19
registered corresponding order, the commissioner must serve 20
a copy on the respondent. 21
(4) Service must be-- 22
(a) by personal service; or 23
(b) if personal service is not practicable or the respondent is 24
an unincorporated association or group of persons, by 25
public notice. 26
(5) Also, for a child respondent, the commissioner must, as soon 27
as reasonably practicable after receiving a copy of the 28
registered corresponding order, give a copy of the order to-- 29
(a) the chief executive (child safety), if the order is likely to 30
result in the respondent needing to change his or her 31
place of residence; and 32
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Criminal Organisation Bill 2009
Part 8 Corresponding orders
[s 97]
(b) a parent of the child respondent, if the commissioner is 1
able to find a parent of the child respondent after making 2
reasonable attempts. 3
(6) Failure to comply with either or both of subsections (3) and 4
(5) does not affect the validity of the registration of the 5
corresponding order. 6
(7) However, the registered corresponding order has no effect on 7
a particular person for whom it was made until the person is 8
served under subsection (3). 9
97 Effect of registration of a corresponding order 10
(1) Particular provisions of this Act apply to a registered 11
corresponding order in the same way as they apply to a local 12
order, including, for example-- 13
(a) sections 24 to 26; and 14
(b) schedule 2, definitions controlled person and criminal 15
organisation. 16
(2) Subsection (3) applies if the corresponding order is varied 17
under section 95 in the respondent's absence, and the 18
respondent has not been notified of the variation. 19
(3) Until the respondent is notified of the variation, the registered 20
corresponding order has effect and is enforceable against the 21
respondent as if it had not been varied. 22
98 Varying a registered corresponding control order 23
(1) The commissioner or the respondent may apply to the court 24
under the relevant rules of court for a variation of a registered 25
corresponding control order. 26
(2) In deciding the application, the court must consider anything 27
that must be considered under this Act on an application for a 28
local order. 29
(3) Section 22 applies to the application as if-- 30
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(a) a reference in the section to a control order were a 1
reference to a registered corresponding control order; 2
and 3
(b) a reference in the section to a controlled person were a 4
reference to the respondent. 5
99 Cancelling the registration of a registered corresponding 6
order 7
(1) The commissioner or the respondent may apply to the court 8
for an order cancelling the registration of a registered 9
corresponding order. 10
(2) In deciding the application, the court must consider anything 11
that can be considered under this Act for an application for the 12
making of a local order. 13
(3) Sections 13, 15 and 23 apply to the application as if a 14
reference in the sections to a local order were a reference to a 15
registered corresponding order. 16
(4) If the court cancels the registration of the registered 17
corresponding order, the corresponding order, or the 18
corresponding order as varied under this Act, stops having 19
effect in Queensland. 20
Part 9 General 21
Division 1 Recruitment offence 22
100 Recruiting persons to become member of criminal 23
organisation 24
A person commits a crime if the person-- 25
(a) is a member of a criminal organisation or a controlled 26
person; and 27
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(b) recruits or attempts to recruit anyone to become a 1
member of, or associate with a member of, any criminal 2
organisation. 3
Maximum penalty--5 years imprisonment. 4
Division 2 General provisions about 5
proceedings for orders 6
101 General application of rules of court 7
The Uniform Civil Procedure Rules 1999 apply in relation to 8
applications made to the court under this Act to the extent the 9
rules are consistent with this Act. 10
102 Service by public notice 11
(1) This section applies if service by the commissioner of an 12
application, order or other thing by public notice is required or 13
authorised by a provision of this Act. 14
(2) For service by public notice to be effective, the commissioner 15
must publish a notice in a newspaper circulating throughout 16
the State. 17
(3) The notice under subsection (2) need only state the 18
following-- 19
(a) the general nature of the application or other thing; 20
(b) details to the extent practicable of the respondent or 21
other person for whom the notice was made; 22
(c) how copies of any affidavit or draft order to be used in 23
the application or other thing may be obtained or read. 24
103 Service by police officer generally 25
A police officer may serve any document required or 26
permitted by this Act to be served by the commissioner on any 27
person. 28
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104 Service affidavits that must be filed 1
(1) This section applies for a provision of this Act that requires 2
service of anything by an applicant to be-- 3
(a) by personal service; or 4
(b) if personal service is not practicable or the service is on 5
an unincorporated association or group of persons, by 6
public notice. 7
(2) For personal service, the applicant must file, as soon as 8
practicable, an affidavit of personal service made by the 9
individual who personally served the thing. 10
(3) For service by public notice, the applicant must file, by the 11
end of the next business day after publication, an affidavit 12
stating the following-- 13
(a) why the service was by public notice rather than 14
personal service; 15
(b) if the service was by public notice because it was not 16
practicable to personally serve the thing, the reasons it 17
was not practicable; 18
(c) the steps taken to publish the notice. 19
(4) The affidavit mentioned in subsection (3) must be 20
accompanied by a copy of the published notice. 21
(5) As soon as practicable after the affidavit mentioned in 22
subsection (3) is filed, a sealed copy of the affidavit and notice 23
must be sent by registered post to the respondent at the 24
respondent's last known address. 25
(6) However, if the respondent is an unincorporated association or 26
group of persons and the applicant is not aware of any address 27
of the respondent-- 28
(a) subsection (5) applies only if the applicant is aware of 29
the address of an individual who the applicant believes 30
to be an office holder of the association or group; and 31
(b) if subsection (5) applies under paragraph (a), it applies 32
as if a reference to the respondent were a reference to 33
the office holder. 34
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[s 105]
105 Commissioner must notify particular persons when filing 1
applications and documents 2
(1) As soon as practicable after the commissioner files an 3
application or is given notice of an application to the court, the 4
commissioner must-- 5
(a) give notice in the approved form of the application to the 6
Attorney-General; and 7
(b) notify the reporting officer that the application has been 8
made and that it is an application under this Act. 9
(2) If the commissioner files an application under this Act, it must 10
be accompanied by a notice to the registrar in the approved 11
form stating-- 12
(a) that an application has been made under this Act; and 13
(b) if the application is made under part 6, that the 14
application is made under part 6. 15
(3) If the commissioner files a document to which section 77 16
applies, the document must be accompanied by a notice to the 17
registrar in the approved form stating that the document is a 18
document to which section 77 applies. 19
106 Extension of return date 20
(1) The applicant in a proceeding under this Act may apply to the 21
court for an extension of a return date currently applying to 22
the application. 23
(2) The application for the extension must be served on the other 24
party to the proceedings in the same way as the original 25
application. 26
(3) The court may grant the extension on the conditions the court 27
considers appropriate. 28
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[s 107]
107 Affidavit contents 1
(1) An affidavit relied on or to be relied on by a person in an 2
application under this Act may only contain a matter if direct 3
oral evidence of the matter would be admissible. 4
(2) Despite subsection (1), an affidavit authorised under section 5
61 that has been admitted in evidence in an application under 6
part 6 may also be admitted in evidence in the proceedings for 7
the substantive application. 8
(3) In this section-- 9
substantive application means the substantive application to 10
which applies a declaration made on an application under part 11
6. 12
108 Hearing attendance and evidence forms 13
(1) A party to a proceeding for an application to the court under 14
this Act or for an appeal or review relating to an order under 15
this Act may appear and be legally represented at the hearing 16
of the application, appeal or review. 17
(2) However, if the party is an organisation or a group of persons 18
for whom an order is proposed to be made, has been made or 19
refused-- 20
(a) only 1 individual member of the organisation or group 21
(the nominee) may be present in court; and 22
(b) apart from any legal representative of the organisation or 23
group of persons, no other person may be present in 24
court as a member or representative of the organisation 25
or group of persons. 26
(3) The hearing can not proceed without the COPIM appearing 27
before the court, unless the court otherwise decides. 28
(4) The hearing is a closed hearing. 29
(5) To ensure the hearing is closed, the court must exclude from it 30
all persons other than-- 31
(a) the commissioner; and 32
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[s 109]
(b) the other party or, if the other party is an organisation or 1
a group of persons, the nominee of the organisation or 2
group; and 3
(c) the legal representatives of the commissioner and the 4
other party; and 5
(d) the COPIM; and 6
(e) any witness mentioned in subsection (6)(b) while the 7
witness is giving evidence; and 8
(f) court staff. 9
(6) The commissioner or other party may-- 10
(a) make submissions; and 11
(b) with the leave of the court, file further affidavits and 12
call, examine and cross-examine witnesses to the same 13
extent as is permitted in other proceedings. 14
(7) This section does not apply to a closed hearing under section 15
70 or 78. 16
Note-- 17
Those sections provide particular rules for the closed hearings. 18
109 Records of hearings 19
(1) A person may not have access to a record of a hearing under 20
this Act, or to a transcript of a record, other than under this 21
Act. 22
(2) On request by the commissioner, the reporting officer must 23
give to the commissioner an electronic copy of a transcript for 24
a hearing of an application under this Act that is held in the 25
official records of the State Reporting Bureau. 26
(3) A person may apply to the commissioner for a copy of a 27
transcript for a hearing for an application under this Act, other 28
than a transcript for a closed hearing under section 70 or 78. 29
(4) An application under subsection (3) must be accompanied by 30
the fee prescribed under a regulation (if any). 31
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[s 110]
(5) The commissioner must grant an application under this 1
section as soon as practicable. 2
(6) This section does not limit-- 3
(a) a court or judge being given access to a record of a 4
hearing, or to a transcript of a record, for the purpose of 5
a proceeding under this Act or appeal from a decision 6
under this Act; or 7
(b) a COPIM or reviewer being given material as provided 8
under this Act. 9
110 Standard of proof 10
A question of fact in proceedings under this Act, other than 11
proceedings for an offence, is to be decided on the balance of 12
probabilities. 13
111 Costs 14
(1) Each party to a proceeding for an application under this Act 15
must bear the party's own costs for the proceeding. 16
(2) However, the court may award costs against a party who 17
makes an application the court considers frivolous or 18
vexatious. 19
112 Criminal organisation order made for child 20
(1) This section applies if a criminal organisation order is made 21
for a child, or a criminal organisation order made for a child is 22
varied or revoked on the commissioner's application. 23
(2) The commissioner must, as soon as reasonably practicable, 24
give a copy of the order to-- 25
(a) the chief executive (child safety); and 26
(b) a parent of the child, if the commissioner is able to find 27
a parent of the child respondent after making reasonable 28
attempts. 29
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[s 113]
(3) Also the order, or a variation of the order, is of no effect in 1
relation to the child until a police officer personally serves a 2
copy of the order or variation order on the child. 3
(4) Subsection (3) applies despite any other provision of this Act 4
permitting any form of service other than personal service. 5
113 Criminal organisation order renewal and extension 6
(1) Unless otherwise provided, a criminal organisation order 7
made under this Act may be renewed at any time before or 8
after the order expires. 9
(2) For subsection (1), provisions of this Act applying to an 10
application for the making of a criminal organisation order 11
apply as if reference to the making of the order were a 12
reference to the renewal of an order. 13
(3) It does not matter how often orders are renewed. 14
Division 3 Proceedings for offences 15
114 Summary offence 16
An offence against this Act not defined as a crime or 17
misdemeanour is a summary offence. 18
115 Proceedings for an indictable offence 19
(1) A proceeding for a charge of an indictable offence against this 20
Act may, at the prosecution's election, be taken-- 21
(a) by way of summary proceedings before a magistrate 22
under the Justices Act 1886; or 23
(b) on indictment. 24
(2) Subsection (3) applies if at any stage during a summary 25
proceeding the magistrate is satisfied that the defendant may 26
not be adequately punished on summary conviction because 27
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[s 116]
of the nature and seriousness of the offence or any other 1
relevant consideration. 2
(3) The Magistrates Court-- 3
(a) must not decide the charge as a summary offence; and 4
(b) must proceed by way of an examination of witnesses in 5
relation to an indictable offence. 6
(4) If a Magistrates Court acts under subsection (3)-- 7
(a) any plea of the person charged, made at the start of the 8
proceeding, must be disregarded; and 9
(b) any evidence brought in the proceeding before the 10
magistrate decided to act under subsection (3) is taken to 11
be evidence in the proceeding for the committal of the 12
person for trial or sentence; and 13
(c) before committing the person for trial or sentence the 14
magistrate must make a statement to the person under 15
the Justices Act 1886, section 104(2)(b). 16
(5) The magistrate must invite and hear any submissions from the 17
prosecution and defence before making a decision under 18
subsection (2). 19
116 Limitation on who may summarily hear a proceeding for 20
an indictable offence and the level of penalty 21
(1) A proceeding against a person for an indictable offence must 22
be before a magistrate if it is a proceeding-- 23
(a) for the summary conviction of a person; or 24
(b) for an examination of witnesses in relation to the charge. 25
(2) However, if a proceeding for an indictable offence is brought 26
before a justice who is not a magistrate, jurisdiction is limited 27
to taking or making a procedural action or order within the 28
meaning of the Justices of the Peace and Commissioners for 29
Declarations Act 1991. 30
(3) The maximum penalty that may be imposed on a summary 31
conviction of an indictable offence is 100 penalty units or 3 32
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[s 117]
years imprisonment or the maximum prescribed for the 1
offence, whichever is the lesser. 2
117 Limitation on time for starting proceeding for a summary 3
offence 4
A proceeding for a summary offence against this Act must 5
start-- 6
(a) within 1 year after the offence is committed; or 7
(b) within 1 year after the commission of the offence comes 8
to the complainant's knowledge, but within 2 years after 9
the commission of the offence. 10
Division 4 General police provisions 11
118 Powers for the service of orders 12
(1) A police officer may, without a warrant, do any of the 13
following for the purpose of serving anything, for this Act, on 14
a person, group of persons or an organisation named in an 15
order-- 16
(a) enter premises the subject of the order; 17
(b) stop or detain a vehicle approaching, in or leaving 18
premises the subject of the order; 19
(c) search the premises or vehicle. 20
(2) In this section-- 21
order means any order under this Act other than a criminal 22
intelligence declaration. 23
119 Power to require personal details 24
(1) A police officer may require a person to state the person's 25
personal details if the officer-- 26
(a) finds the person committing an offence against this Act; 27
or 28
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[s 120]
(b) finds the person in circumstances that lead the police 1
officer to reasonably suspect the person has just 2
committed an offence against this Act; or 3
(c) has information that leads the police officer to 4
reasonably suspect the person has just committed an 5
offence against this Act; or 6
(d) is exercising powers under this Act in relation to the 7
person. 8
(2) The police officer may also require the person mentioned in 9
subsection (1) to give evidence of the correctness of the 10
person's stated name or address if, in the circumstances, it 11
would be reasonable to expect the person to-- 12
(a) be in possession of evidence of the correctness of the 13
stated name or address; or 14
(b) otherwise be able to give the evidence. 15
(3) When making a requirement under this section, the police 16
officer must give the person an offence warning for the 17
requirement. 18
(4) In this section-- 19
offence warning, for a requirement, means a warning that, 20
without a reasonable excuse, it is an offence for the person to 21
whom the requirement is made not to comply with it. 22
120 Failure to comply with personal details requirement 23
(1) A person of whom a requirement under section 119 is made 24
must comply with the requirement unless the person has a 25
reasonable excuse. 26
Maximum penalty--40 penalty units. 27
(2) If the requirement is given under section 119(1), without 28
limiting the circumstances that may constitute a reasonable 29
excuse, it is a reasonable excuse if-- 30
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[s 121]
(a) the requirement is given because the police officer 1
giving it suspects the person has committed an offence 2
against this Act; and 3
(b) the person is not proved to have committed the offence. 4
121 Exemption from disclosing police officer's name or 5
address 6
(1) This section applies if-- 7
(a) a police officer is performing functions under this Act or 8
is carrying out an investigation under any Act in relation 9
to an organisation or any of its members; and 10
(b) the officer reasonably suspects the organisation-- 11
(i) associates solely or predominately for the purpose 12
of conspiring to engage or engaging in serious 13
criminal activity; and 14
(ii) is an unacceptable risk to the safety, welfare or 15
order of the community. 16
(2) Despite the Police Powers and Responsibilities Act 2000, the 17
officer need not disclose the officer's name or address to 18
anyone the subject of the investigation or the performance of 19
the functions. 20
(3) However, subsection (2) does not affect any of the officer's 21
duties under the Police Powers and Responsibilities Act 2000, 22
chapter 14, part 6. 23
Editor's note-- 24
Police Powers and Responsibilities Act 2000, chapter 14, part 6 (Duties 25
after arrest) 26
122 Criminal organisations register 27
(1) The commissioner must keep a register of information about 28
declarations and orders made under this Act (the register of 29
criminal organisations). 30
(2) The register must contain the following information-- 31
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[s 123]
(a) details of each criminal organisation order and 1
registered corresponding order; 2
(b) the name of each criminal organisation, or the name by 3
which it is commonly known; 4
(c) the name and personal details of each controlled person 5
to the extent known to the commissioner. 6
(3) Information relating to a control order or registered 7
corresponding control order is not to be published on the 8
register-- 9
(a) until after the last day on which the person to whom the 10
order relates may appeal against the making or 11
registration of the order; and 12
(b) if the person to which the order relates does appeal, until 13
the appeal is decided or otherwise ends. 14
(4) Information contained in the register may be provided to any 15
person in any way approved by the commissioner. 16
(5) Without limiting subsection (4), the commissioner may 17
publish information contained in the register in a newspaper 18
circulating in the State. 19
(6) However, in relation to a child as defined under the Juvenile 20
Justice Act 1992, the commissioner may not disclose 21
confidential information as defined under section 284 of that 22
Act other than for the purposes of the Police Service 23
Administration Act 1990, part 10. 24
123 Delegation by commissioner 25
(1) The commissioner may only delegate a power of the 26
commissioner under this Act as provided under this section. 27
(2) The commissioner may delegate any power to a deputy 28
commissioner or assistant commissioner. 29
(3) The commissioner may delegate to a commissioned officer-- 30
(a) the power to make an application under section 35; and 31
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[s 124]
(b) another power other than a power to make an 1
application. 2
Notes-- 3
1 The commissioner's delegation power is contained in the Police 4
Service Administration Act 1990, section 4.10. 5
2 Section 103 expressly authorises a police officer to serve something 6
on behalf of the commissioner. 7
Division 5 Appeals 8
124 Effect of particular orders not stayed by appeal 9
(1) This section applies for the purpose of proceedings for an 10
appeal in relation to-- 11
(a) a criminal organisation order, other than a fortification 12
removal order, or registered corresponding order; or 13
(b) the extension or variation of a criminal organisation 14
order, other than a fortification removal order, or 15
registered corresponding order. 16
(2) The appeal does not affect-- 17
(a) the operation of the order; or 18
(b) prevent the taking of action to implement the decision. 19
(3) However, the court or a judge of the court may order the 20
suspension of the operation of the order or stay any 21
proceeding under the order if the court or judge is satisfied it 22
would be appropriate to do so, having regard to-- 23
(a) the likely impact of the suspension or stay on the ability 24
to disrupt the criminal nature of the criminal 25
organisation and its membership; and 26
(b) any other relevant matter. 27
125 Limitations on appeals in relation to a declaration 28
(1) This section applies in relation to-- 29
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[s 126]
(a) a declaration by the court under part 2 that a particular 1
organisation is a criminal organisation; and 2
(b) any order of the court varying or refusing to vary or 3
revoke the declaration. 4
(2) An appeal to the Court of Appeal against the declaration or 5
order must be filed under the Uniform Civil Procedure Rules 6
1999 within 28 days after the declaration or order is made. 7
(3) It is declared that-- 8
(a) only 1 appeal lies to the Court of Appeal from a 9
declaration mentioned in subsection (1)(a); and 10
(b) if the 1 appeal mentioned in paragraph (a) has been 11
decided, neither the appellant nor any other person may 12
make a further appeal against the declaration. 13
(4) Also, it is declared that-- 14
(a) only 1 appeal lies to the Court of Appeal from an order 15
mentioned in subsection (1)(b); and 16
(b) if the 1 appeal mentioned in paragraph (a) has been 17
decided, neither the appellant nor any other person may 18
make a further appeal against the order. 19
(5) This section does not affect the court's power to correct a 20
clerical mistake, or an error arising from an accidental slip or 21
omission, in the declaration or order. 22
126 Court of appeal to expedite disposal of appeal 23
The Court of Appeal must use its best efforts to ensure that an 24
appeal to the court in relation to a decision on an application 25
for a criminal organisation order or for any variation, 26
extension or revocation of a criminal organisation order is 27
heard, and the court's final decision is made or order is given, 28
as quickly as is reasonable in the circumstances. 29
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[s 127]
Division 6 Reviews of Act 1
127 Minister to ensure reviews are carried out 2
The Minister must ensure reviews of this Act are carried out 3
under this division. 4
128 Who carries out reviews 5
Each review under this division must be conducted by a 6
retired Supreme Court judge appointed by the Minister. 7
129 Annual reviews of exercise of powers 8
(1) A review must be carried out once each year to determine 9
whether powers under this Act have been appropriately 10
exercised. 11
(2) The first review must be started as soon as reasonably 12
practicable after the first anniversary of the commencement of 13
this section. 14
(3) A review must relate to-- 15
(a) for the first review--the period since the Act 16
commenced; or 17
(b) otherwise--the period since the last review. 18
130 Review of Act's operation 19
(1) This Act must be reviewed as soon as reasonably practicable 20
after 5 years after the commencement of this section. 21
(2) The object of the review is to decide whether this Act is 22
operating effectively and meeting its objects under section 3. 23
131 Criminal intelligence given to reviewer 24
(1) The commissioner, registrar or COPIM must give a reviewer 25
access to any criminal intelligence that accompanied an 26
application under this Act within the scope of the review. 27
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[s 132]
(2) Before a reviewer, in the performance of the reviewer's 1
functions under this Act, discloses any criminal intelligence to 2
another person, the reviewer must give the other person a 3
warning about the confidential nature of the information and 4
the unlawful disclosure offence. 5
Note-- 6
See also section 82(2)(c). 7
(3) A contravention of subsection (2) is not an offence. 8
132 Report 9
(1) After completing a review under this division, the reviewer 10
must prepare a report for the review and give it to the Minister. 11
(2) The report must not include criminal intelligence. 12
(3) The report may include recommendations. 13
(4) The Minister must table a copy of the report in the Legislative 14
Assembly within 14 sitting days after receiving the report. 15
Division 7 Miscellaneous provisions 16
133 Restrictions on legal practice of former police officers 17
(1) A person who has been a police officer (the first person) must 18
not act as a legal representative for-- 19
(a) an organisation the first person knows, or ought 20
reasonably to know, is a criminal organisation; or 21
(b) a person the first person knows, or ought reasonably to 22
know, is subject to a control order or registered 23
corresponding control order; or 24
(c) a person who the first person knows, or ought 25
reasonably to know, has been convicted of an offence 26
against this Act. 27
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[s 134]
(2) A failure by a lawyer to comply with subsection (1) is capable 1
of constituting unsatisfactory professional conduct or 2
professional misconduct under the Legal Profession Act 2007. 3
(3) The failure of another legal representative to comply with 4
subsection (1) is a suitability matter for the Legal Profession 5
Act 2007, section 9. 6
134 Restrictions on practice of current and former police 7
officers as security providers 8
(1) A person who is or has been a police officer (the first person) 9
must not act as a security provider under the Security 10
Providers Act 1993 for-- 11
(a) an organisation the first person knows, or ought 12
reasonably to know, is a criminal organisation; or 13
(b) a person the first person knows, or ought reasonably to 14
know, is subject to a control order or registered 15
corresponding control order; or 16
(c) a person who the first person knows, or ought 17
reasonably to know, has been convicted of an offence 18
against this Act. 19
(2) A failure by a person to comply with subsection (1) is capable 20
of constituting evidence that the person is not an appropriate 21
person to hold a licence under the Security Providers Act 22
1993. 23
135 Protecting officials from liability 24
(1) An official is not civilly liable for an act done, or omission 25
made, honestly and without negligence under this Act. 26
(2) If subsection (1) prevents a civil liability attaching to an 27
official, the liability attaches instead to the State. 28
(3) In this section-- 29
official means any of the following-- 30
(a) a police officer; 31
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[s 136]
(b) a person acting under the direction of a police officer; 1
(c) the COPIM; 2
(d) a public service officer; 3
(e) a reviewer; 4
(f) a person helping a reviewer perform the reviewer's 5
functions under this Act. 6
136 Evidentiary provisions 7
(1) This section applies for a proceeding under this Act or relating 8
to anything done, to be done or omitted to be done under this 9
Act. 10
(2) A document purporting to be an order made by the court 11
under this Act is proof of the order and its contents. 12
(3) The following must be presumed unless a party to the 13
proceeding, by reasonable notice, requires proof of it-- 14
(a) the appointment of a police officer; 15
(b) the commissioner's authorisation to a police officer to 16
take enforcement action; 17
(c) the power of a police officer to do anything under this 18
Act. 19
137 Expiry of Act 20
This Act expires on the day that is 7 years after the day this 21
section commences. 22
138 Approved forms 23
(1) The chief executive may approve forms for use under this Act. 24
(2) The registrar may approve forms for use under section 105. 25
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Part 10 Transitional provisions
[s 139]
139 Regulation-making power 1
The Governor in Council may make regulations under this 2
Act. 3
Part 10 Transitional provisions 4
140 References to serious criminal activity and serious 5
criminal offences 6
(1) This section applies for any provision of this Act under which 7
a court may on an application consider the criminal history, 8
activity, behaviour or anything else relating to a person. 9
(2) It does not matter whether the criminal history, activity, 10
behaviour or other thing arose or happened before or after the 11
commencement of the provision. 12
141 Transitional provision for ss 133 and 134 13
Section 133 or section 134, to the extent it refers to a person 14
who has been a police officer, applies only to a person who 15
stops being a police officer after the commencement of the 16
section. 17
Part 11 Amendments of Acts 18
Division 1 Amendment of Bail Act 1980 19
142 Act amended 20
This division amends the Bail Act 1980. 21
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Part 11 Amendments of Acts
[s 143]
143 Amendment of s 16 (Refusal of bail) 1
Section 16(3)-- 2
insert-- 3
`(e) with an offence against the Criminal Organisation Act 4
2009, section 24 or 38; or 5
(f) with an offence against the Criminal Code, section 359 6
with a circumstance of aggravation mentioned in section 7
359(2);'. 8
Division 2 Amendment of Criminal Code 9
144 Code amended 10
This division amends the Criminal Code. 11
145 Amendment of s 1 (Definitions) 12
(1) Section 1-- 13
insert-- 14
`criminal organisation means-- 15
(a) an organisation of 3 or more persons-- 16
(i) who predominately associate for the purpose of 17
engaging in, organising, planning, facilitating, 18
supporting, or otherwise conspiring to engage in, 19
serious criminal activity as defined under the 20
Criminal Organisation Act 2009; and 21
(ii) who, by their association, represent an 22
unacceptable risk to the safety, welfare or order of 23
the community; or 24
(b) a criminal organisation under the Criminal Organisation 25
Act 2009.'. 26
(2) Section 1, definitions law enforcement agency and law 27
enforcement officer-- 28
Page 96
Criminal Organisation Bill 2009
Part 11 Amendments of Acts
[s 146]
omit, insert-- 1
`law enforcement agency means-- 2
(a) the Queensland Police Service; or 3
(b) the Office of the Director of Public Prosecutions; or 4
(c) the Crime and Misconduct Commission; or 5
(d) any other entity of-- 6
(i) another State; or 7
(ii) the Commonwealth; 8
that performs a similar function to an entity in 9
paragraphs (a) to (c). 10
law enforcement officer means-- 11
(a) a member or officer of a law enforcement agency, 12
including a person appearing for the director under the 13
Director of Public Prosecutions Act 1984, section 10(4); 14
or 15
(b) a person who is authorised, in writing, by the 16
commissioner of the police service, or the chairperson 17
of the Crime and Misconduct Commission, to help a 18
member or officer of a law enforcement agency; or 19
(c) a person who belongs to a class of persons that is 20
authorised, in writing, by the commissioner of the police 21
service, or the chairperson of the Crime and Misconduct 22
Commission, to help a member or officer of a law 23
enforcement agency.'. 24
146 Amendment of pt 3, ch 12, hdg 25
Part 3, chapter 12, heading, `Disclosing official secrets'-- 26
omit, insert-- 27
`Unlawfully obtaining or disclosing information'. 28
Page 97
Criminal Organisation Bill 2009
Part 11 Amendments of Acts
[s 147]
147 Insertion of new s 86 1
Part 3, chapter 12-- 2
insert-- 3
`86 Obtaining of or disclosure of secret information 4
about the identity of informant 5
`(1) A person who, without lawful justification or excuse, obtains 6
or attempts to obtain secret information in the possession of a 7
law enforcement agency or law enforcement officer about the 8
identity of a criminal organisation informant commits a crime. 9
Maximum penalty--10 years imprisonment. 10
`(2) A person who, without lawful justification or excuse, 11
publishes or communicates secret information in the 12
possession of, or obtained from, a law enforcement agency or 13
law enforcement officer about the identity of a criminal 14
organisation informant commits a crime. 15
Maximum penalty--10 years imprisonment. 16
`(3) In this section-- 17
criminal organisation informant means any of the 18
following-- 19
(a) anyone other than a police officer who has given the 20
commissioner information that the commissioner 21
reasonably believes is criminal intelligence for the 22
purposes of the Criminal Organisation Act 2009; 23
(b) an authorised officer who has obtained information in 24
relation to the activities of a criminal organisation while 25
acting under the Police Powers and Responsibilities Act 26
2000, chapter 12; 27
(c) a police officer who has obtained information through 28
the use of an assumed identity, whether or not under the 29
Police Powers and Responsibilities Act 2000, chapter 30
12. 31
Editor's note-- 32
Police Powers and Responsibilities Act 2000, chapter 12 33
(Assumed identities) 34
Page 98
Criminal Organisation Bill 2009
Part 11 Amendments of Acts
[s 148]
information, about the identity of a criminal organisation 1
informant, includes information that is likely to lead to the 2
identity of the informant becoming known. 3
secret information, in the possession of a law enforcement 4
agency or law enforcement officer, means information it is the 5
duty of the agency or officer to keep secret.'. 6
148 Amendment of s 119B (Retaliation against judicial officer, 7
juror, witness etc.) 8
(1) Section 119B, heading, after `against'-- 9
insert-- 10
`or intimidation of'. 11
(2) Section 119B(1), `in retaliation'-- 12
omit, insert-- 13
`for the purpose of retaliation or intimidation'. 14
(3) Section 119B(1), paragraphs (a) to (c), after `done'-- 15
insert-- 16
`or omitted to be done or that may be lawfully done or omitted 17
to be done'. 18
(4) Section 119B(1), paragraph (c), after `makes'-- 19
insert-- 20
`or may make'. 21
(5) Section 119B-- 22
insert-- 23
`(1A) The offender is liable to a maximum penalty of 10 years 24
imprisonment if the act constituting the offence is done in 25
relation to a proceeding before a court under the Criminal 26
Organisation Act 2009.'. 27
(6) Section 119B(2)-- 28
insert-- 29
Page 99
Criminal Organisation Bill 2009
Part 11 Amendments of Acts
[s 149]
`injury or detriment includes intimidation. 1
intimidation includes harassment.'. 2
149 Amendment of s 207A (Definitions for this chapter) 3
Section 207A, definitions law enforcement agency and law 4
enforcement officer-- 5
omit. 6
150 Amendment of s 359 (Threats) 7
Section 359-- 8
insert-- 9
`(2) The offender is liable to a maximum penalty of 10 years 10
imprisonment if the threat is made to a law enforcement 11
officer, or a person helping a law enforcement officer, when or 12
because the officer is investigating the activities of a criminal 13
organisation.'. 14
151 Amendment of s 359E (Punishment of unlawful stalking) 15
Section 359E-- 16
insert-- 17
`(4) Also, a person is liable to a maximum penalty of 18
imprisonment for 10 years if any of the acts constituting the 19
unlawful stalking are done when or because the officer is 20
investigating the activities of a criminal organisation.'. 21
Division 3 Amendment of Evidence Act 1977 22
152 Act amended 23
This division amends the Evidence Act 1977. 24
Page 100
Criminal Organisation Bill 2009
Part 11 Amendments of Acts
[s 153]
153 Amendment of s 21A (Evidence of special witnesses) 1
(1) Section 21A(1)-- 2
insert-- 3
`criminal organisation see the Criminal Code, section 1. 4
party includes a person who is present in court and is a 5
member, a representative (other than a legal representative) or 6
a nominee of an organisation that is a party to the proceeding. 7
prescribed proceeding means a proceeding for, or an appeal 8
from an order made on, an application under the Criminal 9
Organisation Act 2009. 10
serious criminal offence see the Criminal Organisation Act 11
2009, section 7 (Meaning of serious criminal offence).'. 12
(2) Section 21A(1), definition special witness-- 13
insert-- 14
`(c) a person who is to give evidence about the commission 15
of a serious criminal offence committed by a criminal 16
organisation or a member of a criminal organisation.'. 17
(3) Section 21A(2)(a), after `criminal'-- 18
insert-- 19
`or other prescribed'. 20
(4) Section 21A(2)(a), after `charged'-- 21
insert-- 22
`or other party to the proceeding'. 23
Division 4 Amendment of Judicial Review Act 24
1991 25
154 Act amended 26
This division amends the Judicial Review Act 1991. 27
Page 101
Criminal Organisation Bill 2009
Part 11 Amendments of Acts
[s 155]
155 Amendment of sch 1 (Operation of other laws) 1
Schedule 1, part 2-- 2
insert-- 3
`9 Criminal Organisation Act 2009'. 4
Division 5 Amendment of Legal Profession Act 5
2007 6
156 Act amended 7
This division amends the Legal Profession Act 2007. 8
157 Amendment of s 9 (Suitability matters) 9
Section 9(1)-- 10
insert-- 11
`(n) a matter declared under an Act to be a suitability matter. 12
Note-- 13
See, for example, the Criminal Organisation Act 2009, section 14
133(3).'. 15
Division 6 Amendment of Parliament of 16
Queensland Act 2001 17
158 Act amended 18
This division amends the Parliament of Queensland Act 2001. 19
159 Amendment of s 85 (Areas of responsibility of Law, 20
Justice and Safety Committee) 21
Section 85-- 22
insert-- 23
Page 102
Criminal Organisation Bill 2009
Part 11 Amendments of Acts
[s 160]
`Note-- 1
See also the functions given under the Criminal Organisation Act 2009, 2
section 91.'. 3
Division 7 Amendment of Police Powers and 4
Responsibilities Act 2000 5
160 Act amended 6
This division amends the Police Powers and Responsibilities 7
Act 2000. 8
161 Insertion of new s 150AA 9
Chapter 7, part 1, before section 150-- 10
insert-- 11
`150AA Definitions 12
`In this part-- 13
criminal organisation control order property means anything 14
under a person's control that the person is prohibited from 15
possessing under a control order or registered corresponding 16
control order under the Criminal Organisation Act 2009. 17
warrant evidence or property means the evidence or property 18
mentioned in section 150(1) for which a warrant is issued 19
under section 151.'. 20
162 Amendment of s 150 (Search warrant application) 21
(1) Section 150(1)-- 22
insert-- 23
`(d) to find criminal organisation control order property.'. 24
(2) Section 150(3)-- 25
insert-- 26
`(d) criminal organisation control order property.'. 27
Page 103
Criminal Organisation Bill 2009
Part 11 Amendments of Acts
[s 163]
163 Amendment of s 151 (Issue of search warrant) 1
Section 151, `evidence of the commission of an offence or 2
confiscation related evidence'-- 3
omit, insert-- 4
`the evidence or property mentioned in section 150(1)'. 5
164 Amendment of s 155 (When search warrant ends) 6
(1) Section 155(1), `evidence of the commission of an offence or 7
confiscation related evidence'-- 8
omit, insert-- 9
`warrant evidence or property'. 10
(2) Section 155(2), `evidence of the commission of an offence or 11
confiscation related evidence'-- 12
omit, insert-- 13
`warrant evidence or property'. 14
165 Amendment of s 156 (What search warrant must state) 15
(1) Section 156(1)(b)(iii), `and'-- 16
omit, insert-- 17
`or 18
(iv) a vehicle that is or is to be impounded under 19
chapter 4 or 22--brief particulars of the 20
authorisation to impound; or 21
(v) criminal organisation control order property--brief 22
details of the control order or registered 23
corresponding control order under the Criminal 24
Organisation Act 2009; and'. 25
(2) Section 156(1)(c), `any evidence'-- 26
omit, insert-- 27
`the warrant evidence or property'. 28
Page 104
Criminal Organisation Bill 2009
Part 11 Amendments of Acts
[s 166]
166 Amendment of s 157 (Powers under search warrant) 1
Section 157(1)(h), (i), (j) and (k), `evidence of the 2
commission of an offence or confiscation related evidence'-- 3
omit, insert-- 4
`warrant evidence or property'. 5
Page 105
Criminal Organisation Bill 2009
Schedule 1
Schedule 1 Serious criminal offences 1
under Criminal Code 2
section 7 3
Section Section heading
75 Threatening violence
128 Deceiving witnesses
129 Damaging evidence with intent
130 Preventing witnesses from attending
140 Attempting to pervert justice
213 Owner etc. permitting abuse of children on premises
215 Carnal knowledge with or of children under 16
218A Using internet etc. to procure children under 16
221 Conspiracy to defile
228D Possessing child exploitation material
229H Knowingly participating in provision of prostitution
(second offence)
229I Persons found in places reasonably suspected of being
used for prostitution etc. (second offence)
229K Having an interest in premises used for prostitution etc.
(second offence)
323 Wounding
327 Setting mantraps
337 Sexual assaults (until repeal by 2000 Act No. 43)
344 Aggravated assaults (until repeal by 1997 Act No. 3)
346 Assaults in interference with freedom of trade or work
Page 106
Criminal Organisation Bill 2009
Schedule 1
Section Section heading
355 Deprivation of liberty
359 Threats
359A Unlawful stalking (until repeal by 1999 Act No. 18)
359E Punishment of unlawful stalking
364 Cruelty to children under 16
408C Fraud
408D Obtaining or dealing with identification information
413 Assault with intent to steal
414 Demanding property with menaces with intent to steal
416 Attempts at extortion by threats (until repeal by 2008 Act
No. 55)
426 Unlawful entry of vehicle (from enactment by 1998 Act
No. 19 until repeal by 2008 Act No. 55)
427 Obtaining goods or credit by false pretence or wilfully
false promise (until repeal by 1997 Act No. 3)
428 Obtaining execution of valuable security by a false
pretence or wilfully false promise (until repeal by 1997
Act No. 3)
431 Frauds on sale or mortgage of property (until repeal by
2008 Act No. 55)
514 Personation in general
Page 107
Criminal Organisation Bill 2009
Schedule 2
Schedule 2 Dictionary 1
section 4 2
application means an application in writing. 3
approved form means a form approved under section 138. 4
associate with another person, includes-- 5
(a) be in company with the other person; and 6
(b) communicate with the other person in any way 7
(including by post, facsimile, telephone, email or any 8
other form of electronic communication); and 9
(c) associate with the other person whether within or 10
outside Queensland, including outside Australia. 11
chief executive (child safety) means the chief executive of the 12
department in which the Child Protection Act 1999 is 13
administered. 14
child see the Juvenile Justice Act 1992, schedule 4. 15
commissioned officer see the Police Service Administration 16
Act 1990, section 1.4. 17
commissioner means the commissioner of the police service. 18
condition includes restriction and prohibition. 19
conspiring, to engage in serious criminal activity, includes 20
organising, planning, facilitating or supporting serious 21
criminal activity. 22
controlled person means a person who is subject to a control 23
order or a registered corresponding control order. 24
control order means a control order made under section 18 25
and, in relation to a control order that is in force, includes an 26
interim control order. 27
conviction means a finding of guilt by a court, or the 28
acceptance of a plea of guilty by a court, whether or not a 29
conviction is recorded. 30
Page 108
Criminal Organisation Bill 2009
Schedule 2
COPIM see section 83. 1
corresponding control order means an order made under a 2
provision of a law of another State that is prescribed under a 3
regulation for this definition. 4
corresponding declaration means an order made under a 5
provision of a law of another State that is prescribed under a 6
regulation for this definition. 7
corresponding order means-- 8
(a) a corresponding declaration; or 9
(b) a corresponding control order. 10
court means the Supreme Court. 11
court staff, for a provision about a proceeding under this Act, 12
includes the judge's associate, a bailiff, a police officer or 13
other officer providing court security, a court reporter and any 14
other person ordinarily used by the court for the conduct of 15
proceedings. 16
criminal history, of a person, means-- 17
(a) every conviction of the person for an offence, in 18
Queensland or elsewhere, and whether before or after 19
the commencement of this Act, including a conviction-- 20
(i) for which the rehabilitation period under the 21
Criminal Law (Rehabilitation of Offenders) Act 22
1986 has expired under that Act; and 23
(ii) that is not revived as prescribed by section 11 of 24
that Act; and 25
(b) every charge made against the person for an offence, in 26
Queensland or elsewhere, and whether before or after 27
the commencement of this Act. 28
criminal intelligence see section 59. 29
criminal intelligence application see section 63(1). 30
criminal organisation means-- 31
(a) an organisation subject to a declaration by the court 32
under part 2; or 33
Page 109
Criminal Organisation Bill 2009
Schedule 2
(b) an organisation subject to a corresponding declaration 1
that is registered under part 8. 2
criminal organisation order means-- 3
(a) a declaration under part 2; or 4
(b) a control order; or 5
(c) a public safety order; or 6
(d) a fortification removal order. 7
declaration means a declaration under section 10 that an 8
organisation is a criminal organisation. 9
declared criminal intelligence-- 10
(a) generally--see section 63(1); and 11
(b) for a particular application before the court--means 12
declared criminal intelligence admitted in evidence 13
before the court. 14
enforcement action see section 50(1). 15
enforcer, for a provision about a fortification removal order, 16
see section 50(1). 17
filed means filed with the court. 18
fortification see section 39. 19
fortification removal order means an order mentioned in 20
section 41(1). 21
fortified premises see section 39. 22
informant means any of the following-- 23
(a) anyone other than a police officer who has given the 24
commissioner information that the commissioner 25
reasonably believes is criminal intelligence; 26
(b) any authorised officer acting under the Police Powers 27
and Responsibilities Act 2000, chapter 12; 28
(c) a police officer who has obtained information through 29
the use of an assumed identity, whether or not under the 30
Police Powers and Responsibilities Act 2000, chapter 31
12. 32
Page 110
Criminal Organisation Bill 2009
Schedule 2
Editor's note-- 1
Police Powers and Responsibilities Act 2000, chapter 12 2
(Assumed identities) 3
interim control order see section 21. 4
Law, Justice and Safety Committee means the Law, Justice 5
and Safety Committee of the Legislative Assembly. 6
legal representatives means any of the following-- 7
(a) lawyers; 8
(b) supervised trainee legal practitioners under the Supreme 9
Court (Admission Rules) 2004. 10
local order, in relation to a corresponding order, means-- 11
(a) for a corresponding declaration--a declaration under 12
part 2; or 13
(b) for a corresponding control order--a control order 14
under part 3. 15
member, of an organisation or criminal organisation includes, 16
any of the following-- 17
(a) if the organisation is a body corporate--a director or 18
officer of the body corporate; 19
(b) a member, associate member or prospective member, 20
however described, of the organisation; 21
(c) a person who identifies himself or herself, in some way, 22
as belonging to the organisation; 23
(d) a person who is treated by the organisation as if he or 24
she belongs to the organisation; 25
(e) a person who associates with a member of the 26
organisation for the purpose of engaging in, or 27
conspiring to engage in, serious criminal activity. 28
net proceed, from a fortification, see section 54(7). 29
non-contact condition means-- 30
(a) a condition of a control order under section 19(2)(a), (b) 31
or (f), whether or not the condition includes an 32
Page 111
Criminal Organisation Bill 2009
Schedule 2
exception about associating with a person with whom 1
the controlled person has a personal relationship; or 2
(b) a condition of an interim control order under section 3
21(5)(a) or (b); or 4
(c) a condition of a registered corresponding control order 5
corresponding to a condition mentioned in paragraph (a) 6
or (b). 7
notice means a notice in writing. 8
occupier, of premises, means-- 9
(a) any person who apparently occupies the premises; or 10
(b) an owner of the premises. 11
order, other than a public safety order made by a 12
commissioned officer, means written order. 13
organisation means any incorporated body or unincorporated 14
group of 3 or more persons, however structured-- 15
(a) whether the body or group is based inside or outside 16
Queensland; or 17
(b) whether the body or group consists of persons who are 18
ordinarily resident inside or outside Queensland. 19
personal details, of a person, means full details of the 20
following about the person-- 21
(a) name, including any aliases; 22
(b) date of birth; 23
(c) place of birth; 24
(d) where he or she is living; 25
(e) where he or she usually lives; 26
(f) his or her business address. 27
personal relationship-- 28
A personal relationship exists between a person and another 29
person if-- 30
Page 112
Criminal Organisation Bill 2009
Schedule 2
(a) the person is a spouse or former spouse of the other 1
person; or 2
(b) the person is in an intimate personal relationship with 3
the other person, including, for example, if the person is 4
a boyfriend or girlfriend of the other person; or 5
(c) the person and the other person are parents of the same 6
child; or 7
(d) the person is the parent, grandparent or sibling of the 8
other person; or 9
(e) the person is the parent, grandparent or sibling of the 10
other person's spouse; or 11
(f) the person's spouse is the parent, grandparent or sibling 12
of the other person; or 13
(g) the person or person's spouse is a guardian or carer of 14
the other person. 15
place includes premises. 16
Planning Act means the Integrated Planning Act 1997 or the 17
Sustainable Planning Act 2009. 18
police minister means the Minister responsible for the 19
administration of the Police Service Administration Act 1990. 20
police service means the Queensland Police Service. 21
premises includes-- 22
(a) a building or structure, or part of a building or structure, 23
of any type; and 24
(b) a group of buildings or structures, or part of a group of 25
buildings or structures, of any type; and 26
(c) the land or water where a building or structure, or a 27
group of buildings or structures, is situated; and 28
(d) a vehicle or caravan; and 29
(e) a tent or cave; and 30
(f) a boat; and 31
(g) an ocean-going vessel; and 32
Page 113
Criminal Organisation Bill 2009
Schedule 2
(h) premises held under 2 or more titles or owners. 1
prescribed activity means the following-- 2
(a) acting as a casino operator, a casino manager, a casino 3
employee or a casino key employee as defined under the 4
Casino Control Act 1982; 5
(b) the activities of a security provider under the Security 6
Providers Act 1993; 7
(c) the activities of a market operator, a pawnbroker or a 8
second-hand dealer as defined under the Second-hand 9
Dealers and Pawnbrokers Act 2003; 10
(d) acting as a dealer as defined under the Weapons Act 11
1990; 12
(e) operating a tow truck within the meaning of the Tow 13
Truck Act 1973; 14
(f) acting as a motor dealer as defined under the Property 15
Agents and Motor Dealers Act 2000; 16
(g) selling or supplying liquor as defined under the Liquor 17
Act 1992; 18
(h) the activities of an owner, trainer, jockey, stablehand, 19
bookmaker, bookmaker's clerk or another person 20
associated with racing who is required to be registered 21
or licensed under the Racing Act 2002; 22
(i) the activity of providing higher risk personal appearance 23
services that require a licence under the Public Health 24
(Infection Control for Personal Appearance Services) 25
Act 2003; 26
(j) an activity that requires a licence under the Prostitution 27
Act 1999; 28
(k) any other activity prescribed under a regulation. 29
public notice means public notice under section 102. 30
public safety order means a public safety order made under 31
part 4. 32
recruit includes counsel, procure, solicit, incite and induce. 33
Page 114
Criminal Organisation Bill 2009
Schedule 2
registered corresponding control order means a 1
corresponding control order that is registered under part 8. 2
registered corresponding order means a corresponding order 3
that is registered under part 8. 4
registered post means the form of post offered by Australia 5
Post providing proof of posting, whether or not proof of 6
receipt is provided. 7
registrar means the registrar of the Supreme Court. 8
remove, for part 5, see section 39. 9
reporting officer means the officer in charge of the official 10
records of the State Reporting Bureau. 11
respondent-- 12
(a) for an application for a declaration of a criminal 13
organisation--see section 8(1); or 14
(b) for an application for a control order--see section 16(1); 15
or 16
(c) for an application for a public safety order--see section 17
28(1), 29(7) and 31(1); or 18
(d) for an application for a fortification removal order--see 19
section 41(1); or 20
(e) for an application for the registration of a corresponding 21
order--see section 94(1)(b); or 22
(f) for a provision about an application for an order, or 23
about an order made, under this Act, if the context 24
permits--the respondent under the provisions about the 25
application; or 26
(g) for a provision about enforcement action--the 27
respondent to the application for which the relevant 28
fortification removal order was made. 29
responsible person, for part 5, see section 39. 30
return date, for an application, means the return date fixed by 31
the registrar for the hearing of the application. 32
Page 115
Criminal Organisation Bill 2009
Schedule 2
reviewer means a person carrying out a review under part 9, 1
division 6. 2
sealed copy means a copy stamped with the seal of the court. 3
serious criminal activity see section 6. 4
serious criminal offence see section 7. 5
sibling includes half-brother, half-sister, stepbrother and 6
stepsister. 7
substantive application see section 75(1). 8
unlawful disclosure offence means the offence against 9
section 82. 10
vehicle see the Criminal Code, section 1. 11
weapon see the Weapons Act 1990, schedule 2. 12
© State of Queensland 2009
Page 116
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