Criminal Organisations Control Act 2012 (WA)

Western Australia Criminal Organisations Control Act 2012 Western Australia Criminal Organisations Control Act 2012 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Purposes of this Act 1 5. Act binds Crown 1 Part 2 — Declared criminal organisations Division 1 — Applications for declaration 6. Purpose of declaration 1 7. Application for declaration 1 8. Publication of notice of application 1 Division 2 — Determination of applications 9. Hearing of application 1 10. Persons who may attend and make submissions 1 11. Protected submissions 1 12. Designated authority can make declaration despite non‑appearance of respondent or others 1 13. Designated authority may make declaration 1 14. Reasons for decision 1 15. Notice of declaration 1 16. Duration of declaration 1 17. Declaration not affected by change in name or reorganisation 1 Division 3 — Renewal, revocation and expiry of declarations 18. Renewal of declaration 1 19. Application for revocation of declaration 1 20. Consideration of application for revocation may be dismissed 1 21. Determination of application for revocation 1 22. Reasons for decision 1 23. When revocation of declaration takes effect 1 24. Notice of revocation or expiry of declaration 1 25. Effect of expiry or revocation of declaration 1 Division 4 — Designated authorities 26. Designation of judges or retired judges to determine applications 1 27. Termination of designation 1 28. Designated authorities not subject to control by Executive 1 29. Any designated authority may act 1 30. Protection and immunity 1 31. Nature and functions of designated authority 1 32. Record of proceedings 1 Part 3 — Control orders Division 1 — Overview 33. Overview 1 34. Application of provisions protecting criminal intelligence information 1 Division 2 — Interim control orders Subdivision 1 — Applications for interim control orders 35. Application for interim control order 1 36. Form of application 1 37. Application for hearing without notice or on notice 1 Subdivision 2 — Determination of applications 38. Making of interim control order 1 39. Explanation of interim control order 1 40. Court to fix hearing date for application for control order 1 41. Notice of making of interim control order 1 42. Content of notice 1 43. Powers to request particulars and detain for purposes of service 1 44. Alternative means of service 1 45. Commencement and duration of interim control order 1 Subdivision 3 — Revocation of interim control orders made without notice 46. Application for revocation of interim control order made without notice 1 47. Determination of application to revoke interim control order 1 48. Revocation of interim control order halts proceedings for control order 1 Subdivision 4 — Variation of interim control orders 49. Application for variation of interim control order 1 50. Determination of application for variation 1 Division 3 — Control orders Subdivision 1 — How proceedings for control order begun 51. How proceedings for control order begun 1 Subdivision 2 — Applications for control orders 52. Application for control order 1 53. Form of application 1 54. Filing and service of application 1 Subdivision 3 — Notice of objection to making of control order 55. Notice of objection 1 Subdivision 4 — Making control orders 56. Determination of application for control order 1 57. Circumstances in which control order may be made 1 58. Conditions of control order 1 59. Consequential or ancillary orders 1 60. Form of control order 1 61. Explanation of control order 1 62. Commencement and duration of control order 1 63. Successive control orders permitted 1 Subdivision 5 — Appeals, variations and revocations 64. Appeal against making or refusal of control order 1 65. Appeal does not stay order unless Court of Appeal orders otherwise 1 66. Determination of appeal 1 67. Application to vary control order 1 68. Determination of application for variation 1 69. Explanation of variation 1 70. Application for revocation of control order 1 71. Determination of application for revocation 1 72. Notice of variation or revocation 1 Division 4 — Orders against persons under 18 73. Orders available against 16 and 17 year olds 1 74. Notification of orders against juveniles 1 75. Personal service of orders against juveniles required 1 76. Application of certain Acts relating to persons under 18 not affected 1 Division 5 — Effect of orders Subdivision 1 — Standard conditions 77. Standard condition: non‑association with other controlled persons 1 78. Other standard conditions 1 Subdivision 2 — Non‑standard conditions 79. Non‑standard conditions 1 80. Condition prohibiting controlled person from carrying on prescribed activity 1 81. Commissioner of Police to notify regulatory authority of suspension of authorisation or application 1 Subdivision 3 — Surrender and seizure of things 82. Surrendering things that cannot be possessed under order 1 83. Seizure of things not surrendered 1 84. Dealing with things surrendered or seized: firearm items, firearms authorisations and weapons 1 85. Dealing with things surrendered or seized: other things 1 86. Other written laws providing for disposal of surrendered or seized property not affected 1 Subdivision 4 — Requirements to provide identifying particulars 87. Term used: identifying particular 1 88. Identifying particulars may be taken under Criminal Investigation (Identifying People) Act 2002 1 89. Power to take identifying particulars exercisable once only 1 90. Retention and use of identifying particulars taken 1 91. Disposal of identifying particulars taken 1 92. Power of police officers to request disclosure of identity 1 Subdivision 5 — Notification of order where possession of firearm items prohibited 93. Inquiries about use of, or access to, firearm items 1 94. Commissioner of Police to notify order to responsible person and co‑licensee 1 Division 6 — General 95. Orders only available against individuals 1 96. Order prohibiting entry to premises or place 1 97. Correcting minor errors in orders 1 98. Relationship with other laws 1 Part 4 — Offences Division 1 — Offences by controlled persons Subdivision 1 — Non‑association offences 99. Association between controlled persons an offence 1 100. Defences to charges under section 99 1 101. Certain associations to be disregarded for interim control orders 1 Subdivision 2 — Financing offence 102. Offence for controlled person to get funds to, from or for declared criminal organisation 1 Subdivision 3 — Other offences by controlled persons 103. Other contravention of interim control order or control order 1 104. Failure to disclose identity or giving false particulars 1 105. Failure to disclose information or giving false information about use of or access to firearm items 1 Division 2 — Other offences 106. Recruiting members for declared criminal organisation an offence 1 107. Permitting premises to be habitually used as place of resort by members of declared criminal organisation 1 108. Offence for responsible person or co‑licensee to allow controlled person to access firearm item 1 Part 5 — Protection of criminal intelligence information 109. Term used: criminal intelligence information 1 110. Protection of criminal intelligence information in proceedings for declaration 1 111. Protection of criminal intelligence information in court proceedings under this Act 1 112. Redacted copy of affidavit may be served to protect criminal intelligence information 1 Part 6 — Information about declarations and orders 113. Commissioner of Police to keep register 1 114. Publication of information on register 1 115. Provision of information about declarations and orders 1 116. Application of this Part to registered interstate declarations and control orders 1 Part 7 — Reciprocal recognition and enforcement of declarations and orders Division 1 — Preliminary 117. Overview of this Part 1 118. Terms used 1 Division 2 — Reciprocal recognition of declarations Subdivision 1 — Applications for registration of interstate declaration 119. Application for registration of interstate declaration 1 120. When interstate declaration cannot be registered 1 Subdivision 2 — Registration of interstate declaration by registrar 121. Registration of interstate declaration by registrar 1 122. Period of registration 1 Subdivision 3 — Notice of registration 123. Notice of registration 1 Subdivision 4 — Commencement, duration and effect of registered interstate declaration 124. Commencement and duration of registered interstate declaration 1 125. Effect of registration of interstate declaration 1 Subdivision 5 — Cancellation of registration of interstate declaration 126. Revocation in jurisdiction where interstate declaration originally made 1 127. Cancellation of registration of interstate declaration at request of Commissioner of Police or CC Commissioner 1 128. Cancellation of registration of interstate declaration on application by respondent or others 1 Subdivision 6 — Notice of cancellation or expiry of registration 129. Notice of cancellation or expiry of registration of interstate declaration 1 130. Registrar to notify police commissioner and original court of cancellation of registration 1 Subdivision 7 — Effect of cancellation or expiry of registration 131. Effect of cancellation or expiry of registration of interstate declaration 1 Subdivision 8 — Evidential provision 132. Proof of making of interstate declaration not required in proceedings for offence 1 Division 3 — Reciprocal recognition of control orders Subdivision 1 — Applications for registration of interstate control order 133. Application for registration of interstate control order 1 134. When interstate control order cannot be registered 1 Subdivision 2 — Registration of interstate control order by registrar 135. Registration of interstate control order by registrar 1 Subdivision 3 — Determination by court of application for registration 136. Referral of application to court for adaptation or modification 1 137. Determination of application for registration 1 Subdivision 4 — Period of registration 138. Period of registration 1 Subdivision 5 — Notice of registration 139. Notice of registration 1 140. Explanation of registered interstate control order 1 Subdivision 6 — Commencement, duration and effect of registered interstate control order 141. Commencement and duration of registered interstate control order 1 142. Effect of registration of interstate control order 1 Subdivision 7 — Renewal of registration of interstate control order 143. Application for renewal of registration of interstate control order 1 144. Registrar to renew registration of interstate control order 1 145. Period of renewal 1 146. Notice of renewal of registration 1 147. Effect of renewal of registration of interstate control order 1 Subdivision 8 — Variation and cancellation of registered interstate control order 148. Variation or revocation in jurisdiction where interstate control order originally made 1 149. Variation of registered interstate control order in this State 1 150. Procedure where registered order varied to include firearms condition 1 151. Cancellation of registration of interstate control order at request of Commissioner of Police 1 152. Cancellation of registration of interstate control order on application by respondent 1 153. Registration of interstate control order cancelled if control order made under this Act 1 154. Registrar to notify original court of cancellation of registration 1 Subdivision 9 — Evidential provision 155. Proof of making or variation of interstate control order not required on proceedings for breach 1 Part 8 — Monitoring and review Division 1 — Monitoring 156. Terms used 1 157. Parliamentary Commissioner to monitor exercise of powers 1 158. Parliamentary Commissioner to report on monitoring activities 1 159. Maintenance of confidentiality of criminal intelligence 1 160. Jurisdiction under Parliamentary Commissioner Act 1971 not limited 1 Division 2 — Review of Act 161. Act to be reviewed after 5 years 1 162. Maintenance of confidentiality of criminal intelligence 1 Part 9 — Miscellaneous 163. Nature of proceedings under this Act 1 164. Costs in proceedings under this Act 1 165. Proof of service 1 166. Notification of service 1 167. Delegation by Commissioner of Police 1 168. Delegation by Corruption and Crime Commissioner 1 169. Protection from liability for wrongdoing 1 170. Regulations 1 171. Power to make rules of court 1 Part 10 — Amendments to other Acts 172. Bail Act 1982 amended 1 173. The Criminal Code amended 1 Chapter XXVIA — Facilitating activities of criminal organisations 221C. Terms used 1 221D. Term used: criminal organisation 1 221E. Participating in activities of criminal organisation 1 221F. Instructing commission of offence for benefit of criminal organisation 1 174. Criminal Investigation Act 2006 amended 1 69B. Searching people for things relevant to interim control orders or control orders 1 175. Criminal Investigation (Identifying People) Act 2002 amended 1 176. Criminal Property Confiscation Act 2000 amended 1 177. Evidence Act 1906 amended 1 178. Liquor Control Act 1988 amended 1 152NA. Relationship with Criminal Organisations Control Act 2012 1 179. Misuse of Drugs Act 1981 amended 1 180. Prohibited Behaviour Orders Act 2010 amended 1 181. Sentencing Act 1995 amended 1 Division 2A — Sentencing where declared criminal organisations involved 9A. Terms used 1 9B. Application of this Division 1 9C. Principal objectives of sentencing for offences where declared criminal organisation involved 1 9D. Mandatory minimum sentences where declared criminal organisation involved 1 9E. Section 9D not applicable to persons aged under 18 1 9F. Further provisions relating to mandatory minimum sentences imposed under section 9D 1 9G. Eligibility for parole 1 124C. Orders under Criminal Organisations Control Act 2012 1 Schedule 1A — Relevant indictable and simple offences for purposes of Part 2 Division 2A Part 1 — Relevant indictable offences Part 2 — Relevant simple offences 182. Young Offenders Act 1994 amended 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Criminal Organisations Control Act 2012 An Act to — * provide for the making of declarations and control orders for the purpose of disrupting and restricting the activities of organisations involved in serious criminal activity, their members and associates, and the imposition of criminal sanctions on persons who recruit members for such organisations or finance or support them in other ways; and * amend The Criminal Code to create certain offences relating to participating in the activities of a criminal organisation, and instructing the commission of offences for the benefit of, at the direction of or in association with a criminal organisation; and * amend the Criminal Property Confiscation Act 2000 to enable the confiscation of crime‑derived or unlawfully acquired property if a person who is a controlled person or a member of a declared criminal organisation is involved in the commission of an offence; and * amend the Evidence Act 1906 to provide special protections to victims and prosecution witnesses in proceedings for certain offences involving criminal organisations; and * amend the Misuse of Drugs Act 1981 to enable the making of a drug trafficker declaration if, at the time of the commission of certain drug offences, the offender was a member of a declared criminal organisation; and * amend the Sentencing Act 1995 to require the imposition of mandatory minimum sentences on offenders who commit certain offences at the direction of, in association with or for the benefit of a declared criminal organisation, and make such offenders ineligible for parole; and * make related amendments to various Acts, * and for related purposes. The Parliament of Western Australia enacts as follows: