Crimes (Serious Crime Prevention Orders) Act 2016 (NSW)

Crimes (Serious Crime Prevention Orders) Act 2016 No 15

An Act to provide for the making of serious crime prevention orders and to make a consequential amendment to the Criminal Procedure Act 1986.

Part 1 Preliminary

1 Name of Act This Act is the Crimes (Serious Crime Prevention Orders) Act 2016.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act— appropriate court, in relation to an application for, or the making of, a serious crime prevention order against a person, means— (a) if the ground for making the order is that the person has been convicted of a serious criminal offence—either the Supreme Court or the District Court, or (b) if the ground for making the order is that the person has been involved in serious crime related activity for which the person has not been convicted of a serious criminal offence—the Supreme Court. eligible applicant means any of the following— (a) the Commissioner of Police, (b) the Director of Public Prosecutions, (c) the New South Wales Crime Commission. involved in serious crime related activity—see section 4. modification includes addition, exception, omission or substitution. serious crime prevention order—see section 5. serious crime related activity means anything done by a person that is or was at the time a serious criminal offence, whether or not— (a) the person has been charged with the offence, or (b) if charged, the person— (i) has been tried, or (ii) has been tried and acquitted, or (iii) has been convicted (even if the conviction has been quashed or set aside). serious criminal offence has the same meaning as in the Criminal Assets Recovery Act 1990.