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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Serious and Organised Crime (Control) (Declared
Organisations) Amendment Bill 2013
A BILL FOR
An Act to amend the Serious
and Organised Crime (Control) Act 2008; and to make a related
amendment to the Serious
and Organised Crime (Unexplained Wealth) Act 2009.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Serious and
Organised Crime (Control) Act 2008
4Amendment of
section 3—Interpretation
5Amendment of section 5A—Criminal
intelligence
6Repeal of section 8
7Amendment of
section 9—Commissioner may apply for declaration
8Amendment of
section 10—Publication of notice of application
9Amendment of
section 11—Court may make declaration
10Amendment of
section 12—Notice of declaration
11Amendment of section
14—Revocation of declaration
12Substitution of section
15
15Procedure at
hearings
13Repeal of section 16
14Amendment of
section 18—Practice and procedure
15Substitution of section
19
19Appeal
16Amendment of section
22—Court may make control order
17Amendment of section
22A—Interim control orders
18Amendment of section
22C—Variation or revocation
19Amendment of section
22D—Right to object if interim order made ex parte
20Amendment of section 39U—Representation
of unincorporated group
21Amendment of section
39W—Costs
22Amendment of section 39Y—Use of evidence
or information for purposes of Act
Schedule 1—Related amendment of
Serious and Organised Crime (Unexplained Wealth) Act 2009
1Insertion of section
43A
43AUse of evidence or
information for purposes of Act
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Serious and Organised Crime (Control)
(Declared Organisations) Amendment Act 2013.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Serious and Organised Crime (Control)
Act 2008
4—Amendment
of section 3—Interpretation
(1) Section 3, definition of Chief Justice—delete the
definition
(2) Section 3, definition of declared
organisation—delete "by an eligible Judge"
(3) Section 3, definitions of eligible Judge,
exercise and function—delete the
definitions
(4) Section 3, definition of proceedings—delete the
definition
5—Amendment
of section 5A—Criminal intelligence
Section 5A(2)—delete subsection (2)
Section 8—delete the section
7—Amendment
of section 9—Commissioner may apply for declaration
(1) Section 9(1)—after "apply" insert:
to the Court
(2) Section 9(2)(g)—delete "statutory declaration" and
substitute:
affidavit
(3) Section 9(2)(g)—delete "of or above the rank of
superintendent"
(4) Section 9(4) and (5)—delete subsections (4)
and (5)
(5) Section 9(6)—delete "any statutory declaration" and
substitute:
any affidavit
(6) Section 9(6)(b)—delete "a statutory declaration" and
substitute:
an affidavit
(7) Section 9(6)—after paragraph (c) insert:
and
(d) any other person whom the Court considers should be provided with an
opportunity to inspect the application and supporting affidavits.
8—Amendment
of section 10—Publication of notice of application
(1) Section 10(1)—delete "(but no later than 3 days) after
being given a notification by the eligible Judge under
section 9(5)"
(2) Section 10(1)(c)—delete paragraph (c) and
substitute:
(c) advising interested parties of their rights in relation to making or
providing submissions to the Court at the hearing of the application;
and
(3) Section 10(1)(e)—delete paragraph (e) and
substitute:
(e) specifying the date, time and place of the hearing.
(4) Section 10(2), definition of interested
party—delete "eligible Judge" and substitute:
Court
9—Amendment
of section 11—Court may make declaration
(1) Section 11(1)—delete "eligible Judge may" and
substitute:
Court may
(2) Section 11(1)—delete "the eligible Judge is"
(3) Section 11(2)—delete "eligible Judge" wherever occurring and
substitute in each case:
Court
(4) Section 11(5)—delete "eligible Judge" and substitute:
Court
10—Amendment
of section 12—Notice of declaration
Section 12(2)—delete "The declaration" and substitute:
Unless the Court otherwise directs, the declaration
11—Amendment
of section 14—Revocation of declaration
(1) Section 14(1)—delete subsection (1) and
substitute:
(1) The Court may,
at any time, revoke a declaration made under this Part in relation to an
organisation on application—
(b) by—
(i) the organisation; or
(ii) a person who made or provided submissions in relation to the
application for the declaration; or
(iii) with the permission of the Court—
(A) any other member or former member of the organisation or person
directly affected (whether or not adversely) by the declaration; or
(B) any other person whom the Court considers should, in the interests of
justice, be entitled to make the application.
(2) Section 14(2)—after "subsection (1)(b)" insert:
except with the permission of the Court
(3) Section 14(3)(d)—delete "statutory declaration" and
substitute:
affidavit
(4) Section 14(4) and (5)—delete subsections (4)
and (5)
(5) Section 14(6)—delete "after being given the notification by the
eligible Judge under subsection (5)"
(6) Section 14(6)—delete "statutory declaration" and
substitute:
affidavit
(7) Section 14(7)—after "the Commissioner must" insert:
, as soon as practicable,
(8) Section 14(7)(b)—delete paragraph (b) and
substitute:
(b) advising interested parties of their rights in relation to making or
providing submissions to the Court at the hearing of the application;
and
(9) Section 14(7)(d)—delete paragraph (d) and
substitute:
(d) specifying the date, time and place of the hearing.
(10) Section 14(8)—delete subsection (8)
(11) Section 14(9)—delete "only if the eligible Judge" and
substitute:
if the Court
(12) Section 14(11), definition of interested
party—delete "eligible Judge" and substitute:
Court
Section 15—delete the section and substitute:
15—Procedure at hearings
(1) At the hearing of
an application under this Part, the following are entitled to make oral
submissions, personally or through a legal representative, to the Court and,
with the permission of the Court, to provide, in accordance with any
requirements of the Court, written submissions:
(a) the Commissioner;
(b) the organisation to
which the application relates;
(c) any person who
is alleged in an affidavit supporting the application to be a member or former
member of the organisation;
(d) any person who
is a member or former member of the organisation or other person who may be
directly affected (whether or not adversely) by the outcome of the
application;
(e) any other
person whom the Court considers should, in the interests of justice, be entitled
to make submissions.
(2) A person or organisation referred to in
subsection (1) who
is not the applicant (an interested party) may, in accordance with
any requirements of the Court, file with the Court 1 or more affidavits in
response to the application.
(3) The applicant may, with the permission of the Court, file with the
Court 1 or more affidavits in response to any affidavit filed by an
interested party.
(4) At the hearing of an application under this Part, the applicant or an
interested party may adduce oral evidence, or cross-examine a person who has
given oral evidence or provided an affidavit, if the Court considers, on
application, or on its own initiative, that it is in the interests of justice to
permit the evidence or the cross-examination.
(5) If the applicant or an interested party applies to adduce oral
evidence or cross-examine a person who has given oral evidence or provided an
affidavit, the Court may, before deciding whether to allow the evidence or to
allow the cross-examination, require the applicant or interested party to file a
notice of contention specifying fully and in detail the grounds on which the
application is made.
Section 16—delete the section
14—Amendment
of section 18—Practice and procedure
Section 18(1) and (2)—delete subsections (1) and (2) and
substitute:
In proceedings under this Part, the Court—
(a) is not bound by the rules of evidence but may inform itself on any
matter as it thinks fit; and
(b) must act according to equity, good conscience and the substantial
merits of the case without regard to technicalities and legal forms.
Section 19—delete the section and substitute:
19—Appeal
The commencement of an appeal under the Supreme
Court Act 1935 against a declaration made under this Part does not,
of itself, affect the operation of the declaration to which the appeal
relates.
16—Amendment
of section 22—Court may make control order
Section 22(7)—after paragraph (a) insert:
(ab) the reasons given by the Court for the making of any relevant
declaration;
17—Amendment
of section 22A—Interim control orders
Section 22A(1)—delete subsection (1) and substitute:
(1) The Court may, on an application under section 22, make an
interim control order if the Court is satisfied that it is appropriate to do so
in all of the circumstances.
18—Amendment
of section 22C—Variation or revocation
(1) Section 22C(2)—delete "and permission is only to be granted if
the Court is satisfied, on the basis of the application and any evidence
tendered by the respondent, there has been a substantial change in the relevant
circumstances since the control order was made or last varied"
(2) Section 22C(3)—delete subsection (3)
(3) Section 22C(5)—delete subsection (5) and
substitute:
(5) The Court may make an interim variation order if the Court is
satisfied that it is appropriate to do so in all of the circumstances.
19—Amendment
of section 22D—Right to object if interim order made ex
parte
(1) Section 22D(3)—delete "at least 21 days before the day
appointed for hearing of the notice"
(2) Section 22D(4)—delete subsection (4)
20—Amendment
of section 39U—Representation of unincorporated group
Section 39U(1)—delete "or eligible Judge"
21—Amendment
of section 39W—Costs
(1) Section 39W(2)—delete "or eligible Judge"
(2) Section 39W(3)—delete "or eligible Judge"
(3) Section 39W(3)(c)—delete paragraph (c) and
substitute:
(c) order the representative to pay to the registrar of the court for the
credit of the Consolidated Account an amount fixed by the court as compensation
for time wasted.
(4) Section 39W(4)—delete subsection (4)
22—Amendment
of section 39Y—Use of evidence or information for purposes of
Act
Section 39Y(2)—delete "despite the fact that the person who provided
the information to the Commissioner has not consented to such use or has refused
consent to such use."
Schedule 1—Related
amendment of Serious and Organised Crime
(Unexplained Wealth) Act 2009
After section 43 insert:
43A—Use of evidence or information for purposes of
Act
Despite any other Act or law, evidence or information obtained by the
lawful exercise of powers under an Act or law (whether before or after the
commencement of this section) and evidence or information obtained incidentally
to such an exercise of powers—
(a) may be used by law enforcement and prosecution authorities for the
purposes of this Act; and
(b) is not inadmissible in proceedings before a court under this Act
merely because the evidence or information was not obtained for the purposes of
this Act.