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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                  (i)         the order is no longer in force;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.