Crimes (Criminal Organisations Control) Act 2012 (NSW)

Crimes (Criminal Organisations Control) Act 2012 No 9

An Act to provide for the making of declarations and orders for the purpose of disrupting and restricting the activities of criminal organisations and their members; to make related amendments to various Acts; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Crimes (Criminal Organisations Control) Act 2012.

2 Commencement This Act commences on the date of assent to this Act.

3 Definitions (1) In this Act— associate with means— (a) to be in company with, or (b) to communicate with by any means (including by post, facsimile, telephone, email or any other form of electronic communication). Commissioner means the Commissioner of Police. control order means a control order of the Court under section 19. controlled member of a declared organisation means a person to whom an interim control order, or a control order, that is in force relates. conviction includes a finding of guilt by any court, whether or not a conviction is recorded. Court means the Supreme Court. criminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected— (a) to prejudice criminal investigations, or (b) to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement, or (c) to endanger a person's life or physical safety. criminal organisation or declared organisation means an organisation subject to a declaration under Part 2 that is in force.

Note— Section 27H provides that a registered interstate declaration operates in New South Wales as if it were a declaration under Part 2. function includes a power, authority or duty, and exercise a function includes perform a duty. interim control order means an interim control order of the Court under section 14. member of an organisation includes— (a) in the case of an organisation that is a body corporate—a director or an officer of the body corporate, and (b) in any case— (i) an associate member or prospective member (however described) of the organisation, and (ii) a person who identifies himself or herself, in some way, as belonging to the organisation, and (iii) a person who is treated by the organisation or persons who belong to the organisation, in some way, as if he or she belonged to the organisation. organisation means any incorporated body or unincorporated group (however structured), whether or not— (a) the body or group is based outside New South Wales, or (b) the body or group consists of persons who are not ordinarily resident in New South Wales. senior police officer means a police officer of or above the rank of inspector. serious criminal activity means any of the following— (a) committing a serious criminal offence within the meaning of section 6 of the Criminal Assets Recovery Act 1990, (b) obtaining material benefits from conduct that constitutes any such offence, whether or not any person has been charged with or convicted of any such offence. (2) Notes included in this Act do not form part of this Act.