Serious and Organised Crime (Control) Act 2008 (SA)

South Australia Serious and Organised Crime (Control) Act 2008 An Act to provide for the making of declarations and orders for the purpose of disrupting and restricting the activities of criminal organisations, their members and associates; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Objects 5 Standard of proof 5A Criminal intelligence 6 Extra‑territorial operation 7 Delegation Part 2—Declared organisations 9 Commissioner may apply for declaration 10 Publication of notice of application 11 Court may make declaration 12 Notice of declaration 13 Duration of declaration 14 Revocation of declaration 15 Procedure at hearings 17 Making of subsequent declaration 18 Practice and procedure 19 Appeal 20 Change of name etc 21 Evidentiary Part 3—Control orders 22 Court may make control order 22A Interim control orders 22B Duration of control order or interim control order 22C Variation or revocation 22D Right to object if interim order made ex parte 22E Consequential and ancillary orders 22F Appeal 22G Evidentiary 22H Automatic revocation of order 22I Offence to contravene or fail to comply with control order Part 4—Public safety orders Division 1—Making of public safety orders 23 Senior police officer may make public safety order 24 Variation and revocation of public safety order 25 Certain variations and orders must be authorised by Court 26 Right of objection 27 Procedure on hearing of notice of objection 28 Appeals to Supreme Court 29 Disclosure of reasons and criminal intelligence Division 2—Service and notification 30 Service and notification 31 Urgent orders Division 3—Enforcement and evidentiary provisions 32 Offence to contravene or fail to comply with public safety order 33 Power to search premises and vehicles 33A Principles of equity and good conscience 34 Evidentiary Part 5—Offences 34A Permitting premises to be habitually used as place of resort by members of declared organisation 34B Recruiting person to become member of declared organisation 35 Criminal associations 36 Provision of personal details Part 6—Corresponding orders Division 1—Preliminary 37 Interpretation 38 Service Division 2—Registration of corresponding declarations 39 Application may be made by Commissioner 39A Registration of corresponding declaration 39B Notice of registration 39C Commencement and effect of registered corresponding declaration Division 3—Cancellation of registration 39D Revocation in jurisdiction where corresponding declaration originally made 39E Cancellation of registration of corresponding declaration by Court 39F Cancellation of registration of corresponding declaration at request of Commissioner 39G Notice of cancellation or expiry of registration of corresponding declaration 39H Effect of cancellation or expiry of registration of corresponding declaration Division 4—Registration of corresponding control orders 39I Application may be made by Commissioner 39J Registration of corresponding control order 39K Referral of application to Court for adaptation or modification 39L Expiry of registration 39M Notice of registration 39N Commencement and effect of registered corresponding control order Division 5—Variation and cancellation of registered corresponding control order 39O Variation or revocation in jurisdiction where corresponding control order originally made 39P Cancellation of registration of corresponding control order by Court 39Q Cancellation of registration of corresponding control order at request of Commissioner 39R Registration of corresponding control order cancelled automatically in certain circumstances 39S Proof of making or variation of corresponding control order not required on proceedings for breach Part 7—Miscellaneous 39T General provisions on service of applications, orders and other documents 39U Representation of unincorporated group 39V Application of Act to children 39W Costs 39X Joint and several liability 39Y Use of evidence or information for purposes of Act 39Z Presumption as to membership 40 Immunity from liability 42 Prosecution of offence as a summary offence 42A Review of operation of Act 43 Regulations Legislative history