SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008
Table of Provisions
PART 1--Preliminary
- 1 Short title
- 3 Interpretation
- 4 Objects
- 5 Standard of proof
- 5A Criminal intelligence
- 6 Extra-territorial operation
- 7 Delegation
PART 2--Declared organisations
- 9 Commissioner may apply for declaration
- 10 Publication of notice of application
- 11 Court may make declaration
- 12 Notice of declaration
- 13 Duration of declaration
- 14 Revocation of declaration
- 15 Procedure at hearings
- 17 Making of subsequent declaration
- 18 Practice and procedure
- 19 Appeal
- 20 Change of name etc
- 21 Evidentiary
PART 3--Control orders
- 22 Court may make control order
- 22A Interim control orders
- 22B Duration of control order or interim control order
- 22C Variation or revocation
- 22D Right to object if interim order made ex parte
- 22E Consequential and ancillary orders
- 22F Appeal
- 22G Evidentiary
- 22H Automatic revocation of order
- 22I Offence to contravene or fail to comply with control order
PART 4--Public safety orders
Division 1--Making of public safety orders
- 23 Senior police officer may make public safety order
- 24 Variation and revocation of public safety order
- 25 Certain variations and orders must be authorised by Court
- 26 Right of objection
- 27 Procedure on hearing of notice of objection
- 28 Appeals to Supreme Court
- 29 Disclosure of reasons and criminal intelligence
Division 2--Service and notification
- 30 Service and notification
- 31 Urgent orders
Division 3--Enforcement and evidentiary provisions
- 32 Offence to contravene or fail to comply with public safety order
- 33 Power to search premises and vehicles
- 33A Principles of equity and good conscience
- 34 Evidentiary
PART 5--Offences
- 34A Permitting premises to be habitually used as place of resort by members of declared organisation
- 34B Recruiting person to become member of declared organisation
- 35 Criminal associations
- 36 Provision of personal details
PART 6--Corresponding orders
Division 1--Preliminary
- 37 Interpretation
- 38 Service
Division 2--Registration of corresponding declarations
- 39 Application may be made by Commissioner
- 39A Registration of corresponding declaration
- 39B Notice of registration
- 39C Commencement and effect of registered corresponding declaration
Division 3--Cancellation of registration
- 39D Revocation in jurisdiction where corresponding declaration originally made
- 39E Cancellation of registration of corresponding declaration by Court
- 39F Cancellation of registration of corresponding declaration at request of Commissioner
- 39G Notice of cancellation or expiry of registration of corresponding declaration
- 39H Effect of cancellation or expiry of registration of corresponding declaration
Division 4--Registration of corresponding control orders
- 39I Application may be made by Commissioner
- 39J Registration of corresponding control order
- 39K Referral of application to Court for adaptation or modification
- 39L Expiry of registration
- 39M Notice of registration
- 39N Commencement and effect of registered corresponding control order
Division 5--Variation and cancellation of registered corresponding control order
- 39O Variation or revocation in jurisdiction where corresponding control order originally made
- 39P Cancellation of registration of corresponding control order by Court
- 39Q Cancellation of registration of corresponding control order at request of Commissioner
- 39R Registration of corresponding control order cancelled automatically in certain circumstances
- 39S Proof of making or variation of corresponding control order not required on proceedings for breach
PART 7--Miscellaneous
- 39T General provisions on service of applications, orders and other documents
- 39U Representation of unincorporated group
- 39V Application of Act to children
- 39W Costs
- 39X Joint and several liability
- 39Y Use of evidence or information for purposes of Act
- 39Z Presumption as to membership
- 40 Immunity from liability
- 42 Prosecution of offence as a summary offence
- 42A Review of operation of Act
- 43 Regulations
Legislative history
The Parliament of South Australia enacts as
follows:
