SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008 - SECT 22
SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008 - SECT 22
22—Court may make control order
(1) The Commissioner
may apply to the Court for the making of a control
order relating to a person (the "respondent").
(2) The Court may, on
application by the Commissioner, make a control order relating to the
respondent if the Court is satisfied that—
(a) the
respondent is a member of a declared organisation; or
(b) the
respondent—
(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 associates or has associated with a member of a declared organisation; or
(c) the
respondent engages, or has engaged, in serious criminal activity and
associates or has associated 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) In proceedings
under this section—
(a) the
Commissioner and the respondent are parties to the proceedings; but
(b) the
Court may, if satisfied that the application has been served on the
respondent, hear and determine the proceedings whether or not the respondent
chooses to participate in the hearing.
(4) If the
Commissioner requests the making of an interim control order without notice to
the respondent under section 22A, the Court may order that service of the
application (and any material to be served with the application) on the
respondent under this section be delayed until the Court has determined that
request.
(5) A control order
may prohibit the respondent from any 1 or more of the following:
(a)
associating with a specified person or persons of a specified class;
(b)
holding an authorisation to carry on a prescribed activity while the control
order remains in force;
(c)
being present at, or being in the vicinity of, a specified place or premises
or a place or premises of a specified class;
(d)
possessing a specified article or weapon, or articles or weapons of a
specified class;
(e)
carrying on his or her person more than a specified amount of cash;
(f)
using for communication purposes, or being in possession of, a telephone,
mobile phone, computer or other communication device except as may be
specified;
(g)
engaging in other conduct of a specified kind that the Court considers could
be relevant to the commission of serious criminal offences.
(6) If the Court
prohibits a respondent from holding an authorisation to carry on a prescribed
activity—
(a) any
such authorisation held by the respondent is revoked from the date on which
the control order takes effect or a later date specified by the Court; and
(b) if
the revocation is to take effect on a later date—the Court may impose
any further prohibition it thinks fit on the respondent in relation to the
conduct of the activity to which the authorisation relates until the
revocation takes effect; and
(c) the
revocation is effected despite any other Act or any law, award or industrial
or other agreement affecting the employment of the respondent, and neither the
Crown nor the authority that issues an authorisation incurs any liability
because of the revocation.
(7) In determining an
application for a control order, the Court may have regard to the following:
(a)
whether the respondent's behaviour, or history of behaviour, suggests that
there is a risk that the respondent will engage in serious criminal activity;
(ab) the
reasons given by the Court for the making of any relevant declaration;
(b) the
extent to which the order might assist in preventing the respondent from
engaging in serious criminal activity;
(c) the
prior criminal record (if any) of the respondent and any person specified in
the application as a person with whom the respondent associates or has
associated;
(d) any
legitimate reason the respondent 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.
(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 fax or by
email or other electronic means.
"authorisation" includes the licensing, registration, approval, certification
or any other form of authorisation required by or under legislation for the
carrying on of an occupation or activity;
"occupation" means an occupation, trade, profession or calling of any kind
that may only be carried on by a person holding an authorisation;
"prescribed activity" means an occupation or activity of a kind prescribed by
regulation for the purposes of this definition.