Crimes (Criminal Organisations Control) Regulation 2014 (NSW)

1Name of Regulation

This Regulation is the Crimes (Criminal Organisations Control) Regulation 2014.

2Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

3Definitions(1)

In this Regulation:

alternate means a person designated as an alternate for the monitor under clause 5.

application means:

• (a)

  an application to the Court under Part 2 or 3 of the Act, or

• (b)

  a criminal intelligence application under Part 3B of the Act.

the Act means the Crimes (Criminal Organisations Control) Act 2012.

the monitor means the criminal intelligence monitor within the meaning of Part 3B of the Act.

(2)

Notes included in this Regulation do not form part of this Regulation.

4Designation of criminal intelligence monitor(1)

The Minister may, by order published in the Gazette, designate a person of a kind referred to in section 28C (1) of the Act as the criminal intelligence monitor.

(2)

The Minister cannot designate a person specified in Schedule 1.

5Alternate for monitor(1)

The Minister may designate a person as an alternate for the monitor in the same way as the Minister designates the monitor.

(2)

The Minister cannot designate a person as an alternate unless the person is a person who may be designated as the monitor.

(3)

Up to 3 alternates may be designated.

(4)

An alternate may exercise the functions of the monitor in respect of an application if the monitor is unavailable to exercise those functions and in the exercise of any such function is taken to be the monitor.

(5)

Without limiting subclause (4), the monitor is taken to be unavailable to exercise functions in respect of an application if the monitor has notified the Commissioner in writing that the monitor is unable to exercise some or all of the functions of the monitor in respect of the application.

6Monitor or alternate must inform Commissioner of unavailability

A person who is to exercise the functions of the monitor in respect of an application and who ceases to be available to exercise some or all of those functions must, as soon as practicable:

• (a)

  give written notice of that fact to the Commissioner, and

• (b)

  return any material provided under section 28E of the Act in relation to the application to the Commissioner or, with the consent of the Commissioner, give the material directly to a person who is to exercise the functions of the monitor in respect of the application.

7Time within which material must be given to monitor or alternate

The Commissioner must ensure all material in relation to an application that is required to be given to a monitor under section 28E of the Act is given to the monitor at least 28 days before the application is heard, or if an alternate is to exercise the functions of the monitor in respect of the application, to the alternate at least 21 days before the application is heard.

8Annual report by monitor and alternates(1)

Each person who exercises the functions of the monitor during the period of 12 months ending on 31 December in a year must prepare an annual report in respect of the exercise of those functions.

(2)

Any such report cannot contain any criminal intelligence.

(3)

The report must be prepared and presented to the Minister within 3 months after the end of the period to which the report relates.

(4)

The Minister must, as soon as practicable after receiving a report under this clause, table the report, or cause it to be tabled, in both Houses of Parliament.

9Restriction on legal practice of monitors and alternates

A lawyer who has exercised the functions of a monitor must not represent an organisation or a person if:

• (a)

  the lawyer knows, or ought reasonably to know, that the organisation or person is or was a respondent to an application under the Act, or

  Note—

  All declared organisations and persons to whom control orders relate will have been respondents to an application under the Act.

• (b)

  the lawyer knows, or ought reasonably to know, that the person is or was a member of an organisation referred to in paragraph (a), or

• (c)

  the lawyer obtained criminal intelligence about the organisation or person when exercising the functions of the monitor.

Schedule 1Persons who cannot be monitor or alternate

(Clause 4)

1

A person who is appointed as the Director of Public Prosecutions.

2

A person who is a member of the NSW Police Force.

3

A person employed in the Public Service in any of the following Public Service agencies:

• (a)

  Office of the Director of Public Prosecutions,

• (b)

  New South Wales Crime Commission Staff Agency,

• (c)

  Ministry for Police and Emergency Services.

4

A person holding an office, or employed in a position, in another jurisdiction that is equivalent to any office or position referred to in clauses 1–3.