New South Wales Consolidated Acts
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CRIMES (CRIMINAL ORGANISATIONS CONTROL) ACT 2012
- As at 10 November 2021
- Act 9 of 2012
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Definitions
4. Extraterritorial operation
PART 2 - CRIMINAL ORGANISATIONS
5. Commissioner may apply for declaration
6. Response by respondent
7. Court may make a declaration
8. Notice of declaration
9. Duration of declaration
10. Revocation of declaration
11. Stated reasons for making or revoking declaration
12. Renewal or extension of declarations
13. Right of appeal
PART 3 - CONTROL OF MEMBERS OF DECLARED ORGANISATIONS
Division 1 - Interim control orders
14. Court may make interim control order
15. Date of effect of interim control order
16. Notice of making of interim control order
16A. Service of notice of interim control order
17. Interim control order ceases when final control order made or served
18. Expedited hearing in cases of hardship
Division 2 - Control orders
19. Court may make control order
20. Person to whom order relates may appear at the hearing
21. Form of control order
22. Date of effect of control order
23. Duration of control order
24. Right of appeal
25. Variation or revocation of control order
Division 3 - Consequences of making of interim control orders and control orders
26. Association between members of declared organisations subject to interim control order or control order
26A. Recruiting persons to become member of declared organisation
27. Prohibition on carrying on of certain activities when interim control order or control order takes effect
PART 3A - RECIPROCAL RECOGNITION AND ENFORCEMENT OF DECLARATIONS AND ORDERS
Division 1 - Preliminary
27A. Definitions
Division 2 - Registration of interstate declaration in New South Wales
27B. Application for registration of interstate declaration in New South Wales
27C. When interstate declaration cannot be registered
27D. Registration of interstate declaration
27E. Period of registration
27F. Notice of registration
27G. Commencement and duration of registered interstate declaration
27H. Effect of registration of interstate declaration
27I. Cancellation of registration of interstate declaration on revocation in jurisdiction where originally made
27J. Cancellation of registration of interstate declaration at request of Commissioner
27K. Cancellation of registration of interstate declaration by Court
27L. Notice of cancellation or expiry of registration of interstate declaration
Division 3 - Registration of interstate control order in New South Wales
27M. Application for registration of interstate control order in New South Wales
27N. When interstate control order cannot be registered
27O. Registration of interstate control order
27P. Referral of application to Court for adaptation or modification
27Q. Determination of application for registration
27R. Period of registration
27S. Notice of registration
27T. Commencement and duration of registered interstate control order
27U. Effect of registration of interstate control order
27V. Variation or revocation of interstate control order in jurisdiction where originally made
27W. Cancellation of registration of interstate control order by Court
27X. Cancellation of registration of interstate control order at request of Commissioner
27Y. Registration of interstate control order cancelled automatically in certain circumstances
PART 3B - CRIMINAL INTELLIGENCE
Division 1 - Preliminary
28A. Definitions
28B. Objects of Part
Division 2 - Criminal intelligence monitor
28C. The criminal intelligence monitor
28D. Monitor's functions
28E. Material to be given to monitor
28F. Appearance and role of monitor at hearing
Division 3 - Declarations of criminal intelligence
28G. Application for declaration of criminal intelligence
28H. Additional affidavit if informant relied on
28I. Hearing ex parte
28J. Criminal intelligence application heard first
28K. Special closed hearing
28L. Oral evidence by police officers and officers of external agencies
28M. Deciding criminal intelligence application
28N. Duration of criminal intelligence declaration
28O. Revocation of criminal intelligence declaration
Division 4 - Protection of declared criminal intelligence for substantive hearings
28P. Application of Division
28Q. Additional matters if informant relied on in substantive hearing
28R. Special closed hearing for consideration of intelligence
28S. Oral evidence by police officers and officers of external agencies
Division 5 - Protection from unlawful disclosure
28T. Unlawful disclosure of criminal intelligence or information in informant affidavit
28U. Registrar to secure information
PART 4 - MISCELLANEOUS
28, 29. (Repealed)
30. Criminal organisations register
30A. Provision of information relating to criminal organisations
31. Attorney General to be notified
32. Burden of proof
32A. Hearsay evidence
33. Delegation
34. Immunity from liability
35. Protection of exercise of certain functions
35A. Failure of person to disclose identity on request
36. Proceedings for offences
37. Rules of court
37A. Service of public notice
37B. Costs
38. Regulations
39. Report to Ombudsman on exercise of powers and monitoring by Ombudsman
39A. (Repealed)
40. Review of Act
Schedule 1 (Repealed)
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