Queensland Consolidated Acts

CRIMINAL ORGANISATION ACT 2009

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Objects of Act
   4.      Definitions
   5.      Act binds all persons
   6.      Meaning of serious criminal activity
   7.      Meaning of serious criminal offence

           Part 2--Criminal organisations

   8.      Commissioner may apply for declaration
   9.      Response by respondent
   10.     Court may make a declaration
   11.     Notice of declaration
   12.     Duration of declaration
   13.     Revocation of declaration
   14.     Notice of revocation or expiration
   15.     Limitation on number and timing of applications for revocation

           Part 3--Control orders

           Division 1--Making, variation and revocation

   16.     Commissioner may apply for control order
   17.     Response by respondent
   18.     Court may make control order
   19.     Conditions of control order
   20.     Duration of control order
   21.     Interim control order
   22.     Variation of control order
   23.     Revocation of control order

           Division 2--Enforcement

   24.     Contravention of control order or registered corresponding control order
   25.     Initial power to search and seize particular things
   26.     Things seized within the first 24 hours

           Part 4--Public safety orders

           Division 1--Preliminary

   27.     Definitions for pt 4
   28.     Prescribed grounds for making a public safety order
   29.     Prescribed conditions of a public safety order
   30.     Peaceful Assembly Act 1992 unaffected

           Division 2--Making, variation and revocation

   31.     Commissioner may apply for public safety order
   32.     Response by respondent
   33.     Court may make public safety order
   34.     Duration of public safety order
   35.     Applications without notice
   36.     Revocation or variation of public safety order made by court

           Division 3--Enforcement

   37.     Powers for premises, event or area in relation to a public safety order
   38.     Contravention of public safety order

           Part 5--Fortification removal orders

           Division 1--Preliminary

   39.     Definitions for pt 5
   40.     Relationship with Planning Act and development approvals

           Division 2--Applying for and obtaining fortification removal order

   41.     Commissioner may apply for order
   42.     Response by respondent
   43.     Court may make order
   44.     Inspection period must be fixed
   45.     Ancillary orders about enforcement
   46.     Content of order
   47.     When order takes effect

           Division 3--Stays

   48.     Automatic stay on appeal

           Division 4--Enforcement
           Subdivision 1--Preliminary

   49.     Application of div 4
           Subdivision 2--Enforcement of order
   50.     General enforcement powers
   51.     Procedure for entry
   52.     Requirements for entry to buildings on premises
   53.     Exemption from compliance with noise standards
           Subdivision 3--Powers after taking enforcement action
   54.     Forfeiture of removed fortification
   55.     Recovery of enforcement costs

           Division 5--Miscellaneous provisions

   56.     Hindering removal or modification of a fortification
   57.     Compensation from State to particular owners
   58.     Recovery of paid compensation from responsible person

           Part 6--Criminal intelligence

           Division 1--Preliminary

   59.     What is criminal intelligence
   59A.    Other definitions for pt 6
   60.     Objects of pt 6
   61.     Affidavit contents
   62.     Part subject to COPIM provisions

           Division 2--Declaration of criminal intelligence

   63.     Applying for declaration
   64.     Additional affidavit if informant relied on
   65.     Registrar to secure information
   66.     Hearing ex parte
   67.     Criminal intelligence application heard first
   68.     Court warning about confidentiality
   69.     Requirements for transcript of hearing
   70.     Special closed hearing
   71.     Oral evidence by police officers and officers of external agencies
   72.     Deciding application
   73.     Duration of criminal intelligence declaration
   74.     Revocation of criminal intelligence declaration

           Division 3--Protection of declared criminal intelligence for substantive hearings

   75.     Application of div 3
   76.     Additional matters if informant relied on
   77.     Registrar to secure intelligence
   78.     Special closed hearing for consideration of intelligence
   79.     Requirements for transcript
   80.     Oral evidence by police officers and officers of external agencies
   81.     Admissibility not affected by declaration

           Division 4--Protection from unlawful disclosure

   82.     Unlawful disclosure of criminal intelligence or information in informant affidavit

           Part 7--Criminal organisation public interest monitor

           Division 1--Appointment

   83.     Appointment of COPIM
   84.     Qualifications for appointment as COPIM
   85.     Procedure before appointment as COPIM

           Division 2--Functions

   86.     COPIM's functions
   87.     Performance of functions by another monitor if COPIM unavailable
   88.     Material to be given to COPIM
   89.     Appearance and role of COPIM at hearing

           Division 3--Miscellaneous

   90.     Restrictions on legal practice during or after appointment as COPIM
   91.     Functions of parliamentary committee
   92.     Annual report

           Part 8--Corresponding orders

   93.     Application for registration of a corresponding order in Queensland
   94.     Registration of a corresponding order
   95.     Referral of corresponding control order to court for adaptation or modification
   96.     Action by the registrar and commissioner after registration of a corresponding order
   97.     Effect of registration of a corresponding order
   98.     Varying a registered corresponding control order
   99.     Cancelling the registration of a registered corresponding order

           Part 9--General

           Division 1--Recruitment offence

   100.    Recruiting persons to become member of criminal organisation

           Division 2--General provisions about proceedings for orders

   101.    General application of rules of court
   102.    Service by public notice
   103.    Service by police officer generally
   104.    Service affidavits that must be filed
   105.    Commissioner must notify particular persons when filing applications and documents
   106.    Extension of return date
   107.    Affidavit contents
   108.    Hearing attendance and evidence forms
   109.    Records of hearings
   110.    Standard of proof
   111.    Costs
   112.    Criminal organisation order made for child
   113.    Criminal organisation order renewal and extension

           Division 3--Proceedings for offences

   114.    Summary offence
   115.    Proceedings for an indictable offence
   116.    Limitation on who may summarily hear a proceeding for an indictable offence and the level of penalty
   117.    Limitation on time for starting proceeding for a summary offence

           Division 4--General police provisions

   118.    Powers for the service of orders
   119.    Power to require personal details
   120.    Failure to comply with personal details requirement
   121.    Exemption from disclosing police officer's name or address
   122.    Criminal organisations register
   123.    Delegation by commissioner

           Division 5--Appeals

   124.    Effect of particular orders not stayed by appeal
   125.    Limitations on appeals in relation to a declaration
   126.    Court of appeal to expedite disposal of appeal

           Division 6--Reviews of Act

   127.    Minister to ensure reviews are carried out
   128.    Who carries out reviews
   129.    Annual reviews of exercise of powers
   130.    Review of Act's operation
   131.    Criminal intelligence given to reviewer
   132.    Report

           Division 7--Miscellaneous provisions

   133.    Restrictions on legal practice of former police officers
   134.    Restrictions on practice of current and former police officers as security providers
   135.    Protecting officials from liability
   136.    Evidentiary provisions
   136A.   Definition informant not to include ASIO officers
   137.    Expiry of Act
   138.    Approved forms
   139.    Regulation-making power

           Part 10--Transitional provisions

   140.    References to serious criminal activity and serious criminal offences
   141.    Transitional provision for ss 133 and 134
   142.    Regulation made by the Criminal Organisation Amendment Act 2011
           SCHEDULE 1 -- SERIOUS CRIMINAL OFFENCES UNDER CRIMINAL CODE
           SCHEDULE 2 -- DICTIONARY
           Endnotes