SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008 - SECT 39I
SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008 - SECT 39I
39I—Application may be made by Commissioner
(1) The Commissioner
may apply to the registrar for the registration of a corresponding control
order.
(2) An application for
registration—
(a) must
be made in the prescribed manner; and
(b) must
be accompanied by a copy of the order to be registered; and
(c) must
be accompanied by any affidavit the Commissioner intends to rely on in
relation to the application; and
(d) must
state whether the Commissioner considers that the order needs to be adapted or
modified for its effective operation in this State and, if so, the details of
the adaptation or modification that the Commissioner considers necessary.
(3) An application for
the registration of a corresponding control order does not need to be served
on the respondent.
(4) An application for
the registration of a corresponding control order cannot be made under this
Division if—
(a) the
respondent is subject to a control order or interim control order under
Part 3; or
(b) any
of the following apply to the corresponding control order:
(i)
the order is no longer in force;
(ii)
the order has not been served, or is not taken to have
been served, on the respondent under the law of the jurisdiction where the
order was made;
(iii)
the law of the jurisdiction in which the order was made
specifies a period within which the respondent may appeal against the order,
and that period has not expired;
(iv)
the determination of an application by the respondent for
permission to appeal against the order (whether made before or after any
appeal period has expired) is pending;
(v)
the determination of an appeal by the respondent against
the order is pending; or
(c) the
application is of a kind, or is made in circumstances, prescribed by the
regulations for the purposes of this provision.