South Australian Consolidated Acts South Australian Consolidated Acts14—Court may make control order
(1) The Court must, on
application by the Commissioner, make a control
order against a person (the "defendant") if the Court is satisfied that the
defendant is a member of a declared organisation.
(2) The Court may, on
application by the Commissioner, make a control
order against a person (the "defendant") if the Court is satisfied that—
(a) the
defendant—
(i)
has been a member of an organisation which, at the time
of the application, is a declared organisation; or
(ii)
engages, or has engaged, in serious criminal activity,
and regularly associates with members of a declared organisation; or
(b) the
defendant engages, or has engaged, in serious criminal activity and regularly
associates with other persons who engage, or have engaged, in serious criminal
activity,
and that the making of the order is appropriate in the circumstances.
(3) A control order
may be issued on an application made without notice to any person.
(4) The grounds of an
application for a control order must be verified by affidavit.
(5) A control
order—
(a) may
prohibit the defendant from—
(i)
associating or communicating with specified persons or
persons of a specified class; or
(ii)
entering or being in the vicinity of specified premises
or premises of a specified class; or
(iii)
possessing specified articles or articles of a specified
class; and
(b) if
the defendant is a member of a declared organisation, must prohibit the
defendant from—
(i)
associating with other persons who are members of
declared organisations; and
(ii)
possessing—
(A) a dangerous article; or
(B) a prohibited weapon,
(within the meaning of section 15 of the Summary Offences Act 1953 ),
except as may be specified in the order.
(6) In considering
whether or not to make a control order under subsection (2) or in
considering the prohibitions that may be included in a control order under
subsection (1) or (2), the Court must have regard to the following:
(a)
whether the defendant's behaviour, or history of behaviour, suggests that
there is a risk that the defendant will engage in serious criminal activity;
(b) the
extent to which the order might assist in preventing the defendant from
engaging in serious criminal activity;
(c) the
prior criminal record (if any) of the defendant and any persons specified in
the application as persons with whom the defendant regularly associates;
(d) any
legitimate reason the defendant may have for associating with any person
specified in the application;
(e) any
other matter that, in the circumstances of the case, the Court considers
relevant.
(7) The Court may, on
making a control order, make any consequential or ancillary orders it thinks
fit, including, in a case where the control order prohibits the possession of
an article or an article of a specified class, orders—
(a)
providing for the confiscation and disposal of the article or such an article;
and
(b) if
the circumstances of the case so require, authorising a police officer to
enter any premises in which the article or such an article is suspected to be,
and search for and take possession of the article or such an article.
(8) For the purposes
of this section, a person may "associate" with another person by any means
including communicating with that person by letter, telephone or facsimile or
by email or other electronic means.