VersionNo. 011
Criminal Organisations Control Act2012
No. 80 of 2012
Version incorporating amendments as at
30 August 2017
TABLE OF PROVISIONS
SectionPage
1
SectionPage
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
5Meaning of criminal history
6Meaning of office holder
7Meaning of organisation
8Meaning of prospective member
9Meaning of respondent
10Descriptions of offences in the Schedule
11Intention of Parliament that exercise of powers under this Act not diminish certain rights
12Extra-territorial operation
13Crown to be bound
Part 2—Declarations
Division 1—Applications for declarations
14Chief Commissioner may apply for declaration
15Form and content of application
16Notice of application in respect of an organisation
17Objection to application for declaration
18Court may extend or abridge the time within which an objection may be made
Division 2—Determination of applications
19Court may make declaration
20Criminal history of members, former members and prospective members of certain organisations
21Objections to be disregarded if respondent consents to declaration
22Form of declaration
23When a declaration takes effect
24Duration of declaration
25Service of declaration
26Notice of making of declaration in respect of an organisation
Division 3—Revocation of declarations
27Application for revocation of declaration
28Form and content of application
29Determination of application for revocation of declaration in respect of organisation
29ADetermination of application for revocation of declaration in respect of individual
30When revocation of declaration takes effect
31Service of order revoking declaration
32Notice of revocation of declaration in respect of an organisation
Division 4—Renewal of declarations
33Application for renewal of declaration
34Determination of application for renewal of declaration
35Applicable procedure for renewal of declarations
36When a renewed declaration takes effect
37Declarations may be renewed more than once
Part 3—Control orders
Division 1—Applications for control orders
38Chief Commissioner may apply for control order
39Form and content of application
40Notice of application in respect of an organisation
41Objection to application for control order
42Court may extend or abridge the time within which an objection may be made
Division 2—Determination of applications
43Court may make control order
44Criminal history of current and former members and prospective members of certain organisations
45Content of control orders—declared organisations
46Winding up of incorporated associations that are prohibited from operating under a control order
47Content of control orders—individuals
48Ancillary orders
49Conditions restricting association with others
50Court must specify when control order takes effect
51Standard of proof that applies to applications
51AObjections to be disregarded if respondent consents to control order
52Form of control order
53Duration of control order
54Service of control order
55Notice of making of control order that applies to a declared organisation
Division 3—Variation or revocation of control orders and ancillary orders
56Application for variation or revocation of control order or ancillary order
57Form and content of application
58Determination of application for variation or revocation—control order
58ADetermination of application for variation or revocation—ancillary order
59Court must specify when variation or revocation of control order or ancillary order takes effect
60Service of varied control order or ancillary order
61Service of order revoking control order or ancillary order
62Notice of variation or revocation of control order or ancillary order applying to an organisation
Division 4—Renewal of control orders
63Application for renewal of control orders
64Determination of application for renewal of control order
65Applicable procedure for renewal of control order
66When a renewed control order takes effect
67Control orders may be renewed more than once
Division 5—Offences
68Individual to whom or organisation to which a control order applies must comply with order
Part 4—Protection of criminal intelligence
Division 1—Preliminary
69Definitions
Division 2—Criminal intelligence protection orders
70Application for criminal intelligence protection order
71Appointment and role of special counsel
72Adjournment to allow special counsel to communicate with respondent
73Protection application to be heard in closed court unless Court orders otherwise
74Offence to enter closed court
75Determining protection application
76Admissibility of protected criminal intelligence
77Offence to publish report of hearing of protection application
Division 3—How protected criminal intelligence is dealt with in substantive applications
78Division applies to the relevant part of a substantive application
79Appointment and role of special counsel
80Adjournment to allow special counsel to communicate with respondent
81Protected criminal intelligence to be dealt with in closed court unless Court orders otherwise
82Offence to enter closed court
83Offence to publish report of hearing of relevant part
Division 4—General
84Disclosure, receipt or solicitation of protected criminal intelligence
85Disclosure, receipt or solicitation of other confidential material
Part 5—Recognition of corresponding declarations and control orders
Division 1—Reciprocal recognition of corresponding declarations
Subdivision 1—Application for registration
86Chief Commissioner may apply for registration of corresponding declaration
87Form and content of application
Subdivision 2—Registration of correspondingdeclaration
88Registration of corresponding declaration by Prothonotary
89Period of registration
90Notice and copy to Chief Commissioner
91Service of corresponding declaration
92Notice of registration of corresponding declaration
93Effect of failure to comply with sections 90 to 92
94Commencement of registered corresponding declaration
95Duration of registered corresponding declaration
96Effect of registration of corresponding declaration
Subdivision 3—Cancellation of registration
97Cancellation of registration of corresponding declaration
98Notice of cancellation
Division 2—Reciprocal recognition of corresponding controlorders
Subdivision 1—Application for registration
99Chief Commissioner may apply for registration of corresponding control orders
100Form and content of application
Subdivision 2—Registration of corresponding control orders
101Registration of corresponding control order by Prothonotary
102Referral of application to Court for variation
103Service of application
104Hearing of application
105Determination of application for registration
106Registration of corresponding control order after determination of Court
107Period of registration
108Notice and copy to Chief Commissioner
109Service of corresponding control order
110Commencement of registered corresponding control order
111Duration of registered corresponding control order
112Effect of registration of corresponding control order
Subdivision 3—Application for variation of registered corresponding control order
113Application for variation of registered corresponding control order
114Form and content of application
115Determination of Court in relation to application for variation
116Prothonotary must give effect to determination of Court
117Notice and copy of varied order to Chief Commissioner
118Service of order with variation
Subdivision 4—Cancellation of registration ofcorresponding control order
119Application for cancellation of registered corresponding control order
120Form and content of application
121Determination of Court in relation to application for cancellation
122Prothonotary must give effect to determination of Court
123Notice to Chief Commissioner
124Service of notice on respondent
Part 5A—Unlawful association
Division 1—Offences
124AAssociation with individuals convicted of serious criminal offences prohibited
124BLawful association authority
124CGazetted events or gatherings
Division 2—Unlawful association notices
124DIssue of unlawful association notice
124EFurther related unlawful association notices
124FContent of unlawful association notices
124GWhen an unlawful association notice takes effect
124HDuration of an unlawful association notice
124IService of unlawful association notice
124JAmendment of unlawful association notice to correct clerical errors or obvious defects
124KRevocation of unlawful association notice
Division 3—Internal review of unlawful associationnotice decisions
124LDefinitions
124MApplication for internal review
124NDecision on internal review
124OAmendment of unlawful association notice following review
124PRevocation of unlawful association notice following review
124QApplication for internal review does not stay effect of unlawful association notice
Part 6—General
Division 1—Corporate criminal responsibility
125Definitions
126Corporate criminal responsibility for certain offences against this Act
Division 2—Service
127General rules as to service
128Service on an individual
129Service on bodies and associations incorporated interstate
Division 3—Register
130Register of declarations, control orders and corresponding orders
131Information to be kept on register
132Public access to certain entries on register
Division 4—Reporting
133Annual report
Division 5—Other matters
134Information sharing
135Nature of proceedings under Act
135AConsent
135BCosts
135CAdjournment before costs order made
136Delegation
137Review of Act
138Regulations
Part 7—Transitional provisions
139Confiscation and Other Matters Amendment Act2016
Schedule
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Endnotes
1General information
2Table of Amendments
3Amendments Not in Operation
4Explanatory details
1
VersionNo. 011
Criminal Organisations Control Act2012
No. 80 of 2012
Version incorporating amendments as at
30 August 2017
1
Part 1—Preliminary
Criminal Organisations Control Act2012
No. 80 of 2012
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to provide for the making of declarations and control orders for the purpose of preventing and disrupting the activities of organisations involved in serious criminal activity, and of their members, former members, prospective members and associates; and
(b)to provide for the recognition and application of declarations and control orders made under corresponding laws; and
S. 1(ba) inserted by No.48/2015 s.3.
(ba)to prohibit individuals associating with individuals convicted of serious criminal offences for the purpose of preventing the commission of offences; and
(c) to make related amendments to other Acts.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 November 2013, it comes into operation on that day.
3Definitions
(1)In this Act—
S.3(1) def.of Adult Parole Board insertedby No.48/2015 s.4.
Adult Parole Board means the Adult Parole Board established under section 61 of the Corrections Act 1986;
S.3(1) def.of applicable offence substitutedby No.55/2014 s.60(a).
applicable offence means—
(a)an indictable offence that is punishable by at least 5 years imprisonment; or
(b)an offence against a provision specified in an item of the Schedule, being a provision of the Act specified in the heading to that item; or
Note
See also section 10.
(c)an offence against section 321, 321G or321M of the Crimes Act 1958 in relation to an offence referred to in paragraph (a) or(b);
appropriate place means—
(a)in the case of an organisation that is an incorporated body or association—
(i)the entrance to the registered office or principal place of business of that organisation; or
(ii)if the organisation is a registered foreign company within the meaning of the Corporations Act—the address of the local agent of that company;
(b)in the case of an organisation that is an unincorporated body or association—the entrance to premises at which members of that organisation commonly associate for meetings or other activities of that organisation;
Example
An example of premises under paragraph (b) is a clubhouse.
associate, in relation to—
(a)a body corporate, has the meaning given by section 125;
(b)an individual, includes an individual who is regularly in company with, or in communication with by any means (including by electronic communication)thatindividual;
associate with means—
(a)to be in company with; or
(b)to communicate with by any means (including by electronic communication);
carry on a business, in the case of an organisation that is a company or registered foreign company within the meaning of the Corporations Act, has the same meaning as it does under Division 3 of Part 1.2 of that Act;
S.3(1) def. of Chief Commis-sioner amendedby No.37/2014 s.10(Sch. item 40,1(b)).
Chief Commissioner means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;
control order means an order made under section43, as varied or renewed from time to time;
S.3(1) def.of convicted offender insertedby No.48/2015 s.4.
convicted offender—see section 124D(1)(a);
corresponding control order means an order made under a provision of a law of another jurisdiction that is prescribed under the regulations for the purposes of this definition;
corresponding declaration means a declaration made under a provision of a law of another jurisdiction that is prescribed under the regulations for the purposes of this definition;
corresponding order means a corresponding control order or corresponding declaration;
Court means the Supreme Court;
criminal history has the meaning given by section5;
criminal intelligence means any information, document or other thing relating to actual or suspected criminal activity in Victoria or elsewhere, the disclosure of which could reasonably be expected to—
(a)prejudice a criminal investigation, including by revealing intelligence-gathering methodologies, investigative techniques or technologies, or covert practices; or
(b)enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or
(c)endanger a person's life or physical safety;
criminal intelligence protection order has the meaning given by section 70(1);
criminal purpose means the purpose of engaging in, organising, facilitating or supporting serious criminal activity;
declaration means a declaration made under section 19, as varied or renewed from time to time;
declared individual means an individual to whom a declaration applies;
declared organisation means an organisation to which a declaration applies;
declared organisation member means a member, former member or prospective member of a declared organisation;
S.3(1) def.of family member insertedby No.48/2015 s.4, amendedby No.38/2017 s.82(1).
family memberhas the meaning given by section8 of the Family Violence ProtectionAct 2008;
S.3(1) def.of gazetted event or gathering insertedby No.48/2015 s.4.
gazetted event or gathering means an event or gathering specified in an order under section124C;
S.3(1) def.of health service insertedby No.48/2015 s.4.
health service has the same meaning as in the Health Practitioner Regulation National Law (Victoria);
honorary member, of an organisation, includes an individual who is a member but has not paid any membership fee to be a member of the organisation;
incorporated association means an association incorporated under the Associations Incorporation Reform Act 2012;
incorporated associations Registrar means theRegistrar within the meaning of the Associations Incorporation Reform Act2012;
S.3(1) def. of law enforcement officer amendedby No.37/2014 s.10(Sch. item 40.1(c)).
law enforcement officer means—
(a)a police officer; or
(b)a person who is seconded to Victoria Police, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction;
S.3(1) def.of lawful association authority insertedby No.48/2015 s.4.
lawful associationauthority means an authority granted under section 124B;
lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2004;
S.3(1) def.of memberamendedby No.55/2014 s.60(b).
member, of an organisation, includes—
(a)an individual who is a current member of the organisation because the individual—
(i) has paid a membership fee to be a member of the organisation; or
(ii)has been accepted as a member of the organisation through another process set by the organisation; or
(b)an honorary member of the organisation; or
(c)an individual who identifies himself or herself as belonging to the organisation, including an individual who wears or displays the patches or insignia (if any) of the organisation; or
(d)an individual whose conduct in relation to the organisation would reasonably lead another person to consider the individual to be a member of the organisation; or
(e) an office holder of the organisation;
S.3(1) def. of member of Victoria Police repealedby No.37/2014 s.10(Sch. item 40.1(d)).
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office holder, of an organisation, has the meaning given by section 6;
organisation has the meaning given by section7;
S.3(1) def. of police officer insertedby No.37/2014 s.10(Sch. item 40.1(a)).
police officer has the same meaning as in the Victoria Police Act 2013;
S.3(1) def.of prohibitive declaration insertedby No.55/2014 s.60(d), repealed by No. 27/2016 s.27.
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property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
prospective member has the meaning given by section 8;
protected criminal intelligence means criminal intelligence that is the subject of a criminal intelligence protection order;
Prothonotary means the Prothonotary of the Supreme Court;
registered corresponding control order means a corresponding control order registered under section 101;
registered corresponding declaration means a corresponding declaration registered under section 88;
S.3(1) def.of related organisationsubstitutedby No.55/2014 s.60(c).
related organisation means an organisation specified in an application in accordance with section 15(1)(ba) on which the Court has made a declaration that applies to an individual;
related organisation member means a member, former member or prospective member of a related organisation;
respondent has the meaning given by section9;
S.3(1) def.of restrictive declarationinsertedby No.55/2014 s.60(d), repealed by No. 27/2016 s.27.
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S.3(1) def.of senior police officer insertedby No.48/2015 s.4.
senior police officer means a police officer of or above the rank of senior sergeant;
serious criminal activity means conduct that would, if the facts were found proved beyond reasonable doubt at a trial, constitute any one or more applicable offences and includes any such conduct that occurs before the commencement of Part 2;
S.3(1) def.of unlawful association notice insertedby No.48/2015 s.4.
unlawful association notice means a notice issued under section 124D or 124E;
S.3(1) def. of Victoria Police substitutedby No.37/2014 s.10(Sch. item 40.1(e)).
Victoria Police has the same meaning as in the Victoria Police Act 2013.
(2)A reference to an organisation that is an unincorporated body or association—
(a)in a provision of this Act that creates an offence is to be read as a reference to each of the office holders of the organisation;
(b)in any other provision of this Act is to be read as a reference to one or more members of the organisation in their capacity as members.
S.4 repealedby No.55/2014 s.61.
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5Meaning of criminal history
(1)For the purposes of this Act, criminal history means—
(a)any conviction recorded by a court for an offence under a law of Victoria, the Commonwealth or another State or a Territory; and
(b)any finding of guilt by a court for an offence under a law of Victoria, the Commonwealth or another State or a Territory, whether or not a conviction was recorded; and
(c)any pending criminal charge for an offence under a law of Victoria, the Commonwealth or another State or a Territory.
(2)For the purposes of this Act, criminal history includes a conviction that becomes spent under a law of another jurisdiction.
S.5(3) amendedby No.55/2014 s.145.
(3)For the purposes of this Act, criminal history does not include a finding at a special hearing under section 17(1)(c) or 38X(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.
6Meaning of office holder
(1)For the purposes of this Act, an office holder of an organisation is—
(a)if the organisation is a company or a registered foreign company within the meaning of the Corporations Act—
(i)an officer as defined under section 9 of that Act;
(ii)an individual who is a local agent within the meaning of that Act;
(b)if the organisation is an incorporated association—an office holder within the meaning of section 82 of the Associations Incorporation Reform Act 2012;
(c)if the organisation is a body or association incorporated under a law of another State or a Territory—an individual who is a member of the board or committee or other group of persons (however described under that law) having management of that body or association;
(d)if the organisation is an unincorporated body or association—
(i)an individual holding the position of president, vice president, secretary or treasurer of the body or association; or
(ii)an individual holding a position similarto a position referred to in subparagraph (i) (however described by the organisation or the rules or constituting documents of the organisation); or
(iii)an individual in control of all or a substantial part of the activities of the organisation.
(2)In addition, if an organisation appoints an individual to be in charge of an activity of the organisation or keep order at a meeting or gathering of the organisation, that individual is an office holder of the organisation for the purposes of this Act.
Example
An individual appointed as the sergeant at arms or a road captain by a motorcycle club would be an individual to whom subsection (2) applies.
7Meaning of organisation
(1)For the purposes of this Act, an organisation is anincorporated body or association (including a company or registered foreign company within themeaning of the Corporations Act) or an unincorporated body or association (however structured), whether the body or association—
(a)is based inVictoria or elsewhere; or
(b)consists of persons who are or are not ordinarily resident in Victoria; or
(c)is part of a larger organisation; or
(d)is affiliated with another organisation.
Example
A chapter of a motorcycle club could be an organisation to which paragraph (c) or (d) applies.
(2) To avoid doubt, for the purposes of this Act, an organisation can include individuals who are related to one another.
8Meaning of prospective member
(1)For the purposes of this Act, a prospective member of an organisation is an individual who has commenced but not completed the process of becoming a member of the organisation.
(2)For the purposes of this Act, a prospective member of an organisation includes—
(a)an individual who members of the organisation describe as a "prospect" or "nominee" of the organisation;
(b)an individual nominated or sponsored by a member of the organisation for the purpose of that individual becoming a member of the organisation;
S.8(2)(c) amendedby No.55/2014 s.62.
(c)an individual who wears or displays—
(i)some, or an incomplete version, of the organisation's patches or insignia; or
(ii)a specific identifier in the place of some or all of the organisation's patches or insignia which identifies the individual as a prospective member;
(d) an individual undertaking a period of probationary membership with the organisation.
9Meaning of respondent
(1)For the purposes of this Act, a respondent is—
(a)subject to subsection (2), for an application for a declaration under section 14—the organisation or individual identified in the application;