South Australian Consolidated Acts

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SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008 - SECT 18

18—Procedure on hearing of notice of objection

        (1)         The Court must, when determining a notice of objection, consider whether, in the light of the evidence presented by both the Commissioner and the objector, sufficient grounds existed for the making of the control order.

        (2)         The Court may, on hearing a notice of objection—

            (a)         confirm, vary or revoke the control order; and

            (b)         make any other orders of a kind that could have been made by the Court on the making of the control order.

        (3)         Without derogating from subsection (2), if the defendant

            (a)         is a member of a declared organisation; and

            (b)         satisfies the Court that there is good reason why he or she should be allowed to associate with a particular member, or particular members, of a declared organisation,

the Court may vary the order to specify that the defendant is not prohibited from associating with that member or those members, subject to such conditions (if any) as the Court thinks fit.



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