Criminal Organisations Control Act 2012 (Vic)
Version No. 017
Criminal Organisations Control Act 2012
No. 80 of 2012
Version incorporating amendments as at
25 August 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
4Meaning of associate with
5Meaning of eligible offender
5AMeaning of family member
5BMeaning of insignia
5CMeaning of involved in serious criminal activity
6Meaning of office holder
7Meaning of organisation
8Meaning of prospective member
8AMeaning of publicly display
8BMeaning of related unlawful association notice
9Meaning of respondent
9AMeaning of serious criminal activity
10Descriptions of offences in Schedule 1
11Intention of Parliament that exercise of powers under this Act not diminish certain rights
12Extra-territorial operation
13Crown to be bound
Part 2—Serious crime prevention orders
Division 1—Making of serious crime prevention orders
14Chief Commissioner may apply for serious crime prevention order
15Hearing of application
16Court may make serious crime prevention order
17Conditions that may be imposed
18Content of serious crime prevention order
19Duration of serious crime prevention order
20Service of serious crime prevention order
Division 2—Variation or revocation of serious crime prevention orders
21Application for variation or revocation
22Form and content of application
23Determination of application for variation or revocation
24Court must specify when variation or revocation takes effect
25Service requirements if serious crime prevention order varied or revoked
Division 3—Renewal of serious crime prevention orders
26Application for renewal of serious crime prevention order
27Court may renew serious crime prevention order
28Duration of renewed serious crime prevention order
29Service of renewed serious crime prevention order
30Serious crime prevention order may be renewed more than once
Division 4—Contravention of serious crime prevention orders
31Offence to contravene serious crime prevention order
Part 4—Protection of criminal intelligence
Division 1—Preliminary
69Definitions
Division 2—Criminal intelligence protection orders
70Application for criminal intelligence protection order
71Appointment and role of special counsel
72Adjournment to allow special counsel to communicate with relevant party
73Protection application to be heard in closed court unless Court orders otherwise
74Offence to enter closed court
75Determining protection application
76Admissibility of protected criminal intelligence
77Offence to publish report of hearing of protection application
Division 3—How protected criminal intelligence is dealt with in substantive applications
78Division applies to the relevant part of a substantive application
79Appointment and role of special counsel
80Adjournment to allow special counsel to communicate with relevant party
81Protected criminal intelligence to be dealt with in closed court unless Court orders otherwise
82Offence to enter closed court
83Offence to publish report of hearing of relevant part
Division 4—General
84Disclosure, receipt or solicitation of protected criminal intelligence
85Disclosure, receipt or solicitation of other confidential material
Part 5—Recognition of corresponding orders
Division 2—Reciprocal recognition of corresponding orders
Subdivision 1—Application for registration
99Chief Commissioner may apply for registration of corresponding orders
100Form and content of application
Subdivision 2—Registration of corresponding orders
101Registration of corresponding order by County Court registrar
102Referral of application to Court for variation
103Service of application
104Hearing of application
105Determination of application for registration
106Registration of corresponding order after determination of Court
107Period of registration
108Notice and copy to Chief Commissioner
109Service of corresponding order
110Commencement of registered corresponding order
111Duration of registered corresponding order
112Effect of registration of corresponding order
Subdivision 3—Application for variation of registered corresponding order
113Application for variation of registered corresponding order
114Form and content of application
115Determination of Court in relation to application for variation
116County Court registrar must give effect to determination of Court
117Notice and copy of varied order to Chief Commissioner
118Service of order with variation
Subdivision 4—Cancellation of registration of corresponding order
119Application for cancellation of registered corresponding order
120Form and content of application
121Determination of Court in relation to application for cancellation
122County Court registrar must give effect to determination of Court
123Notice to Chief Commissioner
124Service of notice on respondent
Part 5A—Unlawful association
Division 1—Offences
124AAssociation with individuals convicted of serious criminal offences prohibited
124BLawful association authority
124CGazetted events or gatherings
Division 2—Unlawful association notices
124DIssue of unlawful association notice
124DASenior police officer must ask whether individual is an Aboriginal person or a Torres Strait Islander
124EFurther related unlawful association notices
124FContent of unlawful association notices
124GWhen an unlawful association notice takes effect
124HDuration of an unlawful association notice
124IService of unlawful association notice
124JAmendment of unlawful association notice to correct clerical errors or obvious defects
124JAApplication for revocation of unlawful association notice
124KRevocation of unlawful association notice
124KAReview of related unlawful association notices on revocation
124KBNotice of revocation of unlawful association notice
124KCApplication for revocation does not stay effect of unlawful association notice
Division 3—Internal review of unlawful association notice decisions
124LDefinitions
124MApplication for internal review
124MAChief Commissioner may extend time within which an application for internal review may be made
124NDecision on internal review
124OAmendment of unlawful association notice following review
124PRevocation of unlawful association notice following review
124QApplication for internal review does not stay effect of unlawful association notice
Division 4—Oversight by the IBAC
Subdivision 1—Functions and powers of the IBAC
124RFunctions of the IBAC
124SIBAC may request or require answers, documents and information
124TPowers of entry and inspection
124UThe IBAC may recommend that Chief Commissioner take action
Subdivision 2—Review of unlawful association notices
124VThe IBAC must review notices every quarter
124WReview may be of only a proportion of notices
124XHow notice is to be reviewed
Subdivision 3—Reports laid before Parliament
124YAnnual report
124ZSpecial report
124ZAThe IBAC to give advance copy of report to Chief Commissioner
124ZBReport to be laid before Parliament
Subdivision 4—Record keeping and reporting by Chief Commissioner
124ZCChief Commissioner to keep records
124ZDChief Commissioner must report on unlawful association notices
Subdivision 5—Offences
124ZEOffence to hinder or obstruct an IBAC officer
124ZFCompliance with direction or requirement
124ZGStatement which is false or misleading
Subdivision 6—Miscellaneous
124ZHPrivilege against self-incrimination abrogated
124ZICertain other immunities and privileges abrogated
124ZJChief Commissioner to ensure the IBAC is given reasonable assistance
124ZKChief Commissioner to notify the IBAC of certain notices and applications
124ZLExemption from Freedom of Information Act 1982
124ZMNon-production of documents and other things in applicable proceeding, process or action
Part 5B—Insignia of certain organisations
Division 1—Offence to publicly display insignia of Part 5B organisation
124ZNPerson must not publicly display insignia of Part 5B organisation
124ZOException—insignia publicly displayed in connection with Part 5B organisation
124ZPException—insignia publicly displayed not in connection with Part 5B organisation
124ZQException—insignia as a tattoo
Division 2—Directions to cease public displays
124ZRPolice officer may direct person to cease public display of insignia
124ZSPerson specified in direction under section 124ZR must comply with it
124ZTPolice officer may leave direction requiring cessation of public display of insignia
124ZUPerson specified in direction under section 124ZT must comply with it
Division 3—Search, seizure and forfeiture
124ZVIssue of search warrant by magistrate
124ZWPolice officer may seize property bearing insignia of Part 5B organisation
124ZXWhen seized things become eligible to be collected, and by whom
124ZYCollection of seized thing from police station
124ZZForfeiture of seized thing that is not collected
124ZZAForfeiture of seized thing that is not a motor vehicle
124ZZBForfeiture of seized motor vehicle
Division 4—Regulations
124ZZCRegulations
Part 5C—Exclusion of members of certain organisations from Victorian Government worksites
124ZZDMembers of Part 5C organisations must not enter certain areas at Victorian Government worksites
124ZZERegulations
Part 6—General
Division 1—Corporate criminal responsibility
125Definitions
126Corporate criminal responsibility for certain offences against this Act
Division 2—Service
127General rules as to service
128Service on an individual
Division 4—Reporting
133Annual report
Division 5—Other matters
134Information sharing
135Nature of proceedings under Act
135BCosts
135CAdjournment before costs order made
136Delegation
137AReview following Criminal Organisations Control Amendment Act 2024
138Regulations
Part 7—Transitional provisions
139Confiscation and Other Matters Amendment Act 2016
140Criminal Organisations Control Amendment Act 2024
Schedule 1—Applicable offences
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 017
Criminal Organisations Control Act 2012
No. 80 of 2012
Version incorporating amendments as at
25 August 2025
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to provide for the making of serious crime prevention orders in respect of individuals for the purpose of either preventing or inhibiting those individuals being involved in serious criminal activity; and
(b)to provide for the recognition and application of serious crime prevention orders made under corresponding laws; and
(ba)to prevent and inhibit criminal activity by—
(i)providing for individuals to be prohibited from associating with individuals convicted of serious criminal offences; and
(ii)thereby preventing and inhibiting the establishment, maintenance and expansion of criminal groups and criminal networks; and
(bb)to prohibit the public display of the insignia of certain organisations; and
(bc)to prohibit adult members of certain organisations from entering into Victorian Government worksites; and
(c)to make related amendments to other Acts.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 November 2013, it comes into operation on that day.
3Definitions
(1)In this Act—
Adult Parole Board means the Adult Parole Board established under section 61 of the Corrections Act 1986;
applicable offence means—
(a)an indictable offence that is punishable by at least 10 years imprisonment; or
(b)an offence specified in an item of Schedule 1; or
Note
See also section 10.
(c)an offence against section 321, 321G or 321M of the Crimes Act 1958 in relation to an offence referred to in paragraph (a) or (b); or
(d)an offence against a law of—
(i)the Commonwealth; or
(ii)another State; or
(iii)a Territory—
that is equivalent to an offence referred to in paragraph (a), (b) or (c);
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* * * * *
associate with has the meaning given by section 4;
Australian law enforcement agency means—
(a)Victoria Police; or
(b)the Australian Federal Police; or
(c)a police force or police service of another State or a Territory; or
(d)any other authority or person responsible for the enforcement of the laws of the Commonwealth or of a State or a Territory;
* * * * *
Chief Commissioner means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;
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corresponding order means an order made under a provision of a law of another jurisdiction that is prescribed for the purposes of this definition;
County Court registrar means the registrar of the County Court;
Court means the County Court;
* * * * *
criminal intelligence means any information, document or other thing relating to actual or suspected criminal activity in Victoria or elsewhere, the disclosure of which could reasonably be expected to—
(a)prejudice a criminal investigation, including by revealing intelligence-gathering methodologies, investigative techniques or technologies, or covert practices; or
(b)enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or
(c)endanger a person's life or physical safety;
criminal intelligence protection order has the meaning given by section 70(1);
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eligible offender has the meaning given by section 5;
family member has the meaning given by section 5A;
financial institution has the same meaning as in the Confiscation Act 1997;
gazetted event or gathering means an event or gathering specified in an order under section 124C;
health service has the same meaning as in the Health Practitioner Regulation National Law (Victoria);
honorary member, of an organisation, includes an individual who is a member but has not paid any membership fee to be a member of the organisation;
IBAC has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011;
IBAC Officer has the same meaning as in the Independent Broad-based Anti‑corruption Commission Act 2011;
* * * * *
* * * * *
insignia of an organisation has the meaning given by section 5B;
integrity body means—
(a)the IBAC; or
(b)an integrity body within the meaning of the Independent Broad-based Anti‑corruption Commission Act 2011;
Integrity Oversight Victoria has the same meaning as in the Integrity Oversight Victoria Act 2011;
intelligence agency means—
(a)the Australian Security Intelligence Organisation; or
(b)the Australian Secret Intelligence Service; or
(c)the Australian Signals Directorate; or
(d)the Office of National Intelligence; or
(e)the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth;
involved, in relation to serious criminal activity, has the meaning given by section 5C;
law enforcement officer means—
(a)a police officer; or
(b)a person who is seconded to Victoria Police, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction;
lawful association authority means an authority granted under section 124B;
lawyer means an Australian lawyer within the meaning of the Legal Profession Uniform Law (Victoria);
mark means—
(a)an image or symbol, including a logo; or
(b)a piece of text, including a name, abbreviation or acronym;
member, of an organisation, includes—
(a)an individual who is a current member of the organisation because the individual—
(i)has paid a membership fee to be a member of the organisation; or
(ii)has been accepted as a member of the organisation through another process set by the organisation; or
(b)an honorary member of the organisation; or
(c)an individual who identifies as belonging to the organisation, including an individual who wears or displays the insignia (if any) of the organisation; or
(d)except in Part 5C, an individual whose conduct in relation to the organisation would reasonably lead another person to consider the individual to be a member of the organisation; or
(e)an office holder of the organisation;
* * * * *
member of Victoria Police personnel has the same meaning as in the Victoria Police Act 2013;
motor vehicle has the same meaning as in the Road Safety Act 1986;
office holder, of an organisation, has the meaning given by section 6;
organisation has the meaning given by section 7;
Part 5B organisation means a prescribed organisation;
Note
Special provisions apply to the making of regulations for the purposes of this definition—see section 124ZZC(2) and (3).
Part 5C organisation means a prescribed organisation;
Note
Special provisions apply to the making of regulations for the purposes of this definition—see section 124ZZE(2).
police officer has the same meaning as in the Victoria Police Act 2013;
police procedures regarding unlawful association means—
(a)the Chief Commissioner's instructions (within the meaning of the Victoria Police Act 2013) to the extent that those instructions relate to the unlawful association provisions; and
(b)any other policies, procedures or guidelines of Victoria Police to the extent that they relate to the unlawful association provisions;
Post Sentence Authority means the Post Sentence Authority continued in existence under section 290 of the Serious Offenders Act 2018;
* * * * *
property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
prospective member has the meaning given by section 8;
protected criminal intelligence means criminal intelligence that is the subject of a criminal intelligence protection order;
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public place has the same meaning as in the Summary Offences Act 1966;
publicly display has the meaning given by section 8A;
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* * * * *
registered corresponding order means a corresponding order registered under section 101;
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related unlawful association notice has the meaning given by section 8B;
respondent has the meaning given by section 9;
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senior police officer means a police officer of or above the rank of senior sergeant;
serious crime prevention order means an order under section 16(1);
serious criminal activity has the meaning given by section 9A;
unlawful association notice means a notice issued under section 124D or 124E;
unlawful association provisions means—
(a)Part 5A; and
(b)the other provisions of this Act to the extent that they relate to Part 5A; and
(c)regulations made for the purposes of Part 5A; and
(d)regulations made for the purposes of the other provisions of this Act to the extent that those regulations relate to Part 5A;
Victoria Police has the same meaning as in the Victoria Police Act 2013;
Victorian Government worksite means a prescribed area.
Note
Special provisions apply to the making of regulations for the purposes of this definition—see section 124ZZE(3).
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4Meaning of associate with
(1)For the purposes of this Act, a person associates with another person—
(a)by being in the other person's company—
(i)having sought the other person's company; or
(ii)having accepted being in the person's company; or
(b)by being in communication with the other person—
(i)having sought to be in communication with the other person; or
(ii)having accepted being in communication with the other person.
(2)A reference in subsection (1) to communication includes communication of any kind, including electronic communication.
5Meaning of eligible offender
(1)For the purposes of this Act, an individual is an eligible offender if—
(a)they were convicted of an applicable offence; and
(b)they were 18 years old or older when the offence was committed; and
(c)that conviction has not become spent under the Spent Convictions Act 2021.
(2)Additionally, an individual is an eligible offender for the purposes of this Act if—
(a)they are 18 years old or older; and
(b)they were convicted of a Category A serious youth offence within the meaning of section 3(1) of the Sentencing Act 1991; and
(c)they committed that offence before turning 18 years old; and
(d)no more than 2 years has elapsed since the commission of the offence.
(3)It does not matter whether the conviction referred to in subsection (1) or (2) was imposed before the commencement of this section.
(4)An individual ceasing to be an eligible offender does not affect the validity or operation of a serious crime prevention order made, or an unlawful association notice issued, while that person was an eligible offender.
5AMeaning of family member
(1)For the purposes of this Act, each of the following persons is a family member of a person (the relevant person)—
(a)a person who is or has been married to the relevant person;
(b)a person who is the relevant person's—
(i)parent or grandparent; or
(ii)child or grandchild; or
(iii)sibling; or
(iv)first cousin;
(c)a person who is—
(i)the sibling of one of the person's parents; or
(ii)the child of one of the person's siblings;
(d)if the relevant person has or has had a domestic partner—
(i)that domestic partner; and
(ii)a person who would be a family member under paragraph (b) or (c) if the relevant person and the domestic partner were or had been married;
(e)a person with whom the relevant person has or has had an intimate personal relationship;
(f)a child of a person with whom the relevant person has or has had an intimate personal relationship;
(g)if the relevant person and another person both have, or have had, parental responsibility for the same child, that other person;
(h)a person with whom the relevant person normally or regularly resided when either of them was a child;
(i)a person who is or has been the relevant person's guardian;
(j)a person for whom the relevant person is or has been a guardian;
(k)a person to whom the relevant person provides, or has provided, domestic support and personal care, other than support and care provided—
(i)for fee or reward; or
(ii)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
(l)a person who provides, or has provided, the relevant person with support and care described in paragraph (k);
(m)if the relevant person—
(i)is descended from an Aboriginal person or a Torres Strait Islander; and
(ii)identifies as an Aboriginal person or a Torres Strait Islander; and
(iii)is accepted as an Aboriginal person or as a Torres Strait Islander by an Aboriginal or Torres Strait Islander community—
a person who is or has been a family member of the relevant person under Aboriginal or Torres Strait Islander concepts of family (including extended kinship relationships and family structures).
(2)For the purposes of subsection (1)(b) and (c), it does not matter whether the relationship between the relevant person and the other person is, or depends on—
(a)a relationship of the whole blood or
half-blood; or(b)a relationship that arises because of a marriage (including a marriage that has since been the subject of a divorce); or
(c)a relationship that arises because of adoption.
(3)For the purposes of subsection (1)(e) and (f), a relationship may be an intimate personal relationship whether or not it is sexual in nature.
(4)In this section—
domestic partner has the same meaning as in the Family Violence Protection Act 2008;
parental responsibility has the same meaning as in the Children, Youth and Families Act 2005.
5BMeaning of insignia
(1)For the purposes of this Act, a mark (other than a mark that consists of "1%" or "1%er") is an insignia of an organisation if it—
(a)denotes that organisation (including by being the organisation's name or logo); or
(b)indicates membership of that organisation; or
(c)indicates an association with the organisation.
(2)A mark that consists of "1%" or "1%er" is an insignia of an organisation if—
(a)the mark relates to that organisation in a way described by subsection (1)(a), (b) or (c); and
(b)that organisation is a motorcycle club.
5CMeaning of involved in serious criminal activity
For the purposes of this Act, to do any of the following things is to be involved in serious criminal activity—
(a)to engage in serious criminal activity;
(b)to engage in conduct that facilitates another person engaging in serious criminal activity;
(c)to engage in conduct that is reasonably likely to facilitate another person engaging in serious criminal activity.
6Meaning of office holder
(1)For the purposes of this Act, an office holder of an organisation is—
(a)if the organisation is a company or a registered foreign company within the meaning of the Corporations Act—
(i)an officer as defined under section 9 of that Act;
(ii)an individual who is a local agent within the meaning of that Act;
(b)if the organisation is an incorporated association—an office holder within the meaning of section 82 of the Associations Incorporation Reform Act 2012;
(c)if the organisation is a body or association incorporated under a law of another State or a Territory—an individual who is a member of the board or committee or other group of persons (however described under that law) having management of that body or association;
(d)if the organisation is an unincorporated body or association—
(i)an individual holding the position of president, vice president, secretary or treasurer of the body or association; or
(ii)an individual holding a position similar to a position referred to in subparagraph (i) (however described by the organisation or the rules or constituting documents of the organisation); or
(iii)an individual in control of all or a substantial part of the activities of the organisation.
(2)In addition, if an organisation appoints an individual to be in charge of an activity of the organisation or keep order at a meeting or gathering of the organisation, that individual is an office holder of the organisation for the purposes of this Act.
Example
An individual appointed as the sergeant at arms or a road captain by a motorcycle club would be an individual to whom subsection (2) applies.
7Meaning of organisation
(1)For the purposes of this Act, an organisation is an incorporated body or association (including a company or registered foreign company within the meaning of the Corporations Act) or an unincorporated body or association (however structured), whether the body or association—
(a)is based in Victoria or elsewhere; or
(b)consists of persons who are or are not ordinarily resident in Victoria; or
(c)is part of a larger organisation; or
(d)is affiliated with another organisation.
Example
A chapter of a motorcycle club could be an organisation to which paragraph (c) or (d) applies.
(2)To avoid doubt, for the purposes of this Act, an organisation can include individuals who are related to one another.
8Meaning of prospective member
(1)For the purposes of this Act, a prospective member of an organisation is an individual who has commenced but not completed the process of becoming a member of the organisation.
(2)For the purposes of this Act, a prospective member of an organisation includes—
(a)an individual who members of the organisation describe as a "prospect" or "nominee" of the organisation;
(b)an individual nominated or sponsored by a member of the organisation for the purpose of that individual becoming a member of the organisation;
(c)an individual who wears or displays—
(i)some, or an incomplete version, of the organisation's insignia; or
(ii)a specific identifier in the place of some or all of the organisation's insignia which identifies the individual as a prospective member;
(d)an individual undertaking a period of probationary membership with the organisation.
8AMeaning of publicly display
(1)For the purposes of this Act, to publicly display a thing is to display it either—
(a)in a public place; or
(b)so that it is visible from a public place.
(2)To publish a thing on the Internet is not to publicly display it for the purposes of this Act.
Example
Uploading an image to a social media website.
(3)However, displaying a thing as described in subsection (1) is to publicly display it for the purposes of this Act even if the thing being displayed is an Internet publication.
Example
Displaying, on a screen in a public place, an image as published on a social media website.
8BMeaning of related unlawful association notice
For the purposes of this Act, the following notices are all related unlawful association notices in relation to each other—
(a)an unlawful association notice issued under section 124D(1); and
(b)each unlawful association notice issued under section 124E in respect of an eligible offender specified in the notice referred to in paragraph (a).
9Meaning of respondent
For the purposes of this Act, a respondent is—
(a)for an application for a serious crime prevention order—the individual identified in the application in accordance with section 14(2)(b); or
(b)for an application for the variation or revocation of a serious crime prevention order under section 21(1)—the individual to whom the order applies; or
(c)for an application for the variation or revocation of a serious crime prevention order under section 21(2)—the Chief Commissioner; or
(d)for an application for the renewal of a serious crime prevention order under section 26—the individual to whom the order applies; or
(e)for an application for registration of a corresponding order under section 99—the individual to whom the order applies; or
(f)for an application for a variation of a registered corresponding order under section 113—the individual to whom the order applies; or
(g)for an application to cancel the registration of a registered corresponding order under section 119—the individual to whom the order applies.
9AMeaning of serious criminal activity
(1)Conduct—
(a)that has been engaged in; and
(b)that constitutes an applicable offence—
is serious criminal activity for the purposes of this Act.
(2)For the purposes of subsection (1), it does not matter—
(a)whether the conduct constitutes more than one applicable offence; or
(b)whether the conduct occurred before or after the commencement of this section; or
(c)whether a person has been charged with an applicable offence in relation to that conduct; or
(d)whether any prosecution for such an offence has concluded with an acquittal or a finding of guilt or in any other way.
(3)Conduct that would constitute an applicable offence if it were to be engaged in is also serious criminal activity for the purposes of this Act.
(4)For the purposes of subsection (3), it does not matter whether the conduct would constitute more than one applicable offence.
10Descriptions of offences in Schedule 1
In Schedule 1, a description following a reference to an offence against a provision of an Act—
(a)is provided for convenience of reference only; and
(b)does not affect—
(i)the operation of the provision or this Act; or
(ii)the nature or elements of an offence against the provision; and
(c)must be disregarded if it is inconsistent with the provision.
11Intention of Parliament that exercise of powers under this Act not diminish certain rights
(1)Subject to subsection (2), it is the intention of the Parliament that powers under this Act, so far as is possible consistently with the purposes of this Act, be exercised in a way that does not diminish the freedom of persons in Victoria to participate in lawful protest, advocacy, dissent or industrial action.
(2)Subsection (1) has no application in relation to Part 5C.
12Extra-territorial operation
It is the intention of the Parliament that the operation of this Act should, so far as is possible, include operation in relation to the following—
(a)land situated outside Victoria, whether in or outside Australia;
(b)things situated outside Victoria, whether in or outside Australia;
(c)acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia;
(d)things, acts, transactions and matters, (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country.
13Crown to be bound
This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
PART 2—SERIOUS CRIME PREVENTION ORDERS
Division 1—Making of serious crime prevention orders
14Chief Commissioner may apply for serious crime prevention order
(1)The Chief Commissioner may apply to the Court for a serious crime prevention order.
(2)An application for a serious crime prevention order must—
(a)be in writing; and
(b)identify the individual in respect of whom the order is sought; and
(c)state the grounds on which the order is sought; and
(d)state the conditions that are sought to be imposed under the order; and
(e)set out the details of any previous application for a serious crime prevention order in respect of the individual, including the outcome of each application.
(3)The application must be accompanied by at least one affidavit which addresses the grounds on which the serious crime prevention order is sought.
Note
See section 16(1)(a), (b) and (c) for the criteria of which the Court must be satisfied in order to make a serious crime prevention order.
(4)The Chief Commissioner must cause the application to be served on the respondent as soon as practicable after the application is made.
Note
For service, see Division 2 of Part 6.
15Hearing of application
(1)The Chief Commissioner and the respondent may appear at the hearing of an application under section 14 and make submissions in relation to the application.
(2)However, the Court may hear and determine the application even if the respondent does not appear.
16Court may make serious crime prevention order
(1)On an application under section 14, the Court may make an order that requires the respondent to comply with the conditions imposed under the order if the Court is satisfied that—
(a)either—
(i)the respondent is an eligible offender; or
(ii)subject to subsection (2), the respondent has been involved in serious criminal activity while aged 18 years old or older; and
(b)there are reasonable grounds to believe that compliance with the conditions would protect the public by preventing or inhibiting the respondent from being involved in serious criminal activity; and
(c)the imposition of the conditions is otherwise appropriate in all the circumstances.
Note
Section 17 sets out some of the conditions that the Court may impose under the order.
(2)For the purposes of subsection (1)(a)(ii), if—
(a)the respondent committed an applicable offence; and
(b)the respondent was convicted of that offence; and
(c)that conviction has become spent under the Spent Convictions Act 2021—
the respondent is not to be taken to have been involved in serious criminal activity by having committed that offence.
(3)In determining whether to make a serious crime prevention order on the basis that the respondent has been involved in serious criminal activity in the way described by section 5C(b) or (c), the Court may have regard to whether the respondent's behaviour was reasonable in all the circumstances.
(4)In determining what conditions to impose under a serious crime prevention order, the Court must have regard to what is already required of the respondent by or under—
(a)an undertaking that the respondent has given to a court (including a bail undertaking); or
(b)an order made, or a direction given, by a court or a tribunal; or
(c)a correctional order within the meaning of the Corrections Act 1986; or
(d)a family violence safety notice issued under the Family Violence Protection Act 2008; or
(e)a corresponding interstate order, within the meaning of the PersonalSafety Intervention Orders Act 2010, that is registered under Part 9 of that Act; or
(f)a corresponding New Zealand order, within the meaning of the Personal Safety Intervention Orders Act 2010, that is registered under Part 9 of that Act; or
(g)a recognised DVO within the meaning of the National Domestic Violence Order Scheme Act 2016; or
(h)a firearm prohibition order within the meaning of Part 4A of the Firearms Act 1996; or
(i)any other instrument that the Court is aware applies to the respondent.
17Conditions that may be imposed
(1)The conditions that the Court may impose under a serious crime prevention order include conditions that do the following things—
(a)prohibit the respondent from associating with—
(i)a specified individual; or
(ii)individuals of a specified class;
(b)prohibit the respondent from leaving Victoria or Australia;
(c)prohibit the respondent from entering a specified place;
(d)prohibit the respondent from possessing or using firearms or other weapons;
(e)prohibit the respondent from possessing more than a specified amount of cash;
(f)prohibit the respondent from possessing or using specified telecommunications devices, or telecommunications devices of a specified class;
(g)prohibit the respondent from accessing or decrypting encrypted information of a specified class;
(h)prohibit the respondent from undertaking a specified activity in respect of—
(i)specified property; or
(ii)property of a specified class;
(i)prohibit the respondent from having more than a specified number of accounts in their name with financial institutions;
(j)prohibit the respondent from engaging in specified business activities;
(k)prohibit the respondent from using an alias;
(l)require the respondent to—
(i)notify Victoria Police before, or within a specified time after, doing a specified thing; or
(ii)give Victoria Police specified information in relation to the doing of that thing.
Note
Subsection (2) sets out things in relation to which the respondent may be required to notify or inform Victoria Police.
(2)Without limiting subsection (1)(l), a condition referred to in that provision may relate to the respondent doing any of the following things—
(a)changing their residential address;
(b)leaving Victoria or Australia;
(c)becoming or ceasing to be an employee;
(d)becoming or ceasing to be—
(i)the registered operator (within the meaning of the Road Safety Act 1986) of a vehicle (within the meaning of that Act); or
(ii)the owner of a vehicle.
(3)A reference in subsection (1) to a condition prohibiting the respondent from doing a thing includes prohibiting that thing either—
(a)absolutely; or
(b)only in specified circumstances or in a specified manner.
(4)Nothing in this section—
(a)prevents the Court from imposing a condition that—
(i)deals with a matter dealt with by a condition referred to in subsection (1); and
(ii)deals with it differently from how the condition in subsection (1) deals with it; or
(b)otherwise limits the power of the Court to impose conditions under the serious crime prevention order.
18Content of serious crime prevention order
The Court must specify in a serious crime prevention order—
(a)the individual to whom the order applies; and
(b)the grounds on which the order is made; and
(c)the conditions imposed under the order; and
(d)the day on which the order is made.
Note
Section 19 also requires certain other matters to be specified in the order in relation to its duration.
19Duration of serious crime prevention order
(1)In making a serious crime prevention order, the Court must specify in the order—
(a)the day on which the order is to take effect; and
(b)the duration of the order, which must not be longer than 5 years.
(2)A serious crime prevention order—
(a)takes effect on the day specified in the order under subsection (1)(a) unless section 24(2) applies; and
Note
Section 24(2) provides for a varied serious crime prevention order to take effect on the day specified in the varied order.
(b)remains in effect for—
(i)the duration specified in the order under subsection (1)(b); or
(ii)if that duration is varied under section 23, the duration as varied—
unless sooner revoked.
20Service of serious crime prevention order
The Chief Commissioner must cause a copy of a serious crime prevention order to be served on the individual to whom it applies as soon as practicable after the order is made but no later than 7 days after that making.
Note
For service, see Division 2 of Part 6.
Division 2—Variation or revocation of serious crime prevention orders
21Application for variation or revocation
(1)The Chief Commissioner may apply to the Court for the variation or revocation of a serious crime prevention order.
(2)The individual in respect of whom a serious crime prevention order is made may, with the leave of the Court, apply for the variation or revocation of the order.
(3)The Court may grant leave to apply under subsection (2) if—
(a)the Chief Commissioner files with the Court a notice, signed by the Chief Commissioner, stating that the Chief Commissioner supports the granting of leave; or
(b)the Court is satisfied that there has been a substantial change in circumstances since the serious crime prevention order was made.
22Form and content of application
(1)An application under section 21(1) or (2) must—
(a)be in writing; and
(b)state the grounds on which the variation or revocation of the serious crime prevention order is sought.
(2)An application must be accompanied by an affidavit which addresses the grounds on which the variation or revocation is sought.
(3)An application must be served on the respondent as soon as practicable after the application is made.
Note
For service, see Division 2 of Part 6.
23Determination of application for variation or revocation
(1)The Court may, in accordance with this section, vary or revoke a serious crime prevention order on an application under section 21(1) or (2).
(2)The Court may vary the serious crime prevention order if—
(a)the Court considers that—
(i)there has been a substantial change in circumstances since the order was made; and
(ii)because of that change, a variation is necessary for the Court to be satisfied as described in section 16(1)(b) and (c); or
Note
Section 16(1)(b) and (c) sets out what the Court must be satisfied of in relation to the conditions imposed under the order.
(b)the respondent consents to the variation.
(3)Nothing in this section permits the Court to vary the order so that it remains in effect for longer than 5 years.
(4)Section 16(4) applies in relation to the imposition of conditions as part of the variation of a serious crime prevention order.
Note
Section 16(4) requires the Court to have regard to what is already required of the respondent by various other instruments.
(5)The Court may revoke the serious crime prevention order if—
(a)the Court is no longer satisfied as described in section 16(1); or
(b)the respondent consents to the revocation.
(6)Consent under subsection (2)(b) or (5)(b) is given by filing with the Court a notice of consent that is signed by the respondent.
24Court must specify when variation or revocation takes effect
(1)On varying a serious crime prevention order, the Court must specify, in the order, the day on which the order takes effect as varied.
(2)A varied serious crime prevention order takes effect as varied on the day specified in the order under subsection (1).
(3)On revoking a serious crime prevention order, the Court must specify, in the order revoking it, the day on which the revocation takes effect.
(4)A serious crime prevention order is revoked on the day specified in the order revoking it under subsection (3).
(5)The day specified by the Court under subsection (1) or (3) must be a day that is within 6 months after the day on which the Court varies or revokes the serious crime prevention order.
25Service requirements if serious crime prevention order varied or revoked
(1)If the Court varies a serious crime prevention order under section 23, the Chief Commissioner must cause a copy of the varied order to be served on the individual to whom the order applies.
(2)If the Court revokes a serious crime prevention order under section 23, the Chief Commissioner must cause a copy of the order revoking the serious crime prevention order to be served on the individual to whom the order applied.
(3)The copy of the order must be served as soon as practicable after the serious crime prevention order is varied or revoked but no later than 7 days after the variation or revocation.
Note
For service, see Division 2 of Part 6.
Division 3—Renewal of serious crime prevention orders
26Application for renewal of serious crime prevention order
(1)The Chief Commissioner may apply to the Court for the renewal of a serious crime prevention order.
(2)The application must be made before the serious crime prevention order ceases to have effect.
(3)The application must—
(a)meet the requirements that, under section 14(2), must be met by an application for a serious crime prevention order; and
(b)be accompanied by at least one affidavit which addresses the grounds on which the renewal of the serious crime prevention order is sought.
(4)The Chief Commissioner must cause the application to be served on the respondent as soon as practicable after the application is made.
Note
For service, see Division 2 of Part 6.
27Court may renew serious crime prevention order
(1)If, on an application under section 26, the Court is satisfied as described in section 16(1)(b) and (c), the Court may renew the serious crime prevention order in respect of which the application was made.
Note
Section 16(1)(b) and (c) sets out what the Court must be satisfied of in relation to the conditions imposed under the order.
(2)The Court may renew the serious crime prevention order even if the order ceases to have effect before the Court determines the application.
(3)The Court must specify in the renewed serious crime prevention order—
(a)the individual in respect of whom the order is made; and
(b)the grounds on which the order was renewed; and
(c)the conditions imposed under the order; and
(d)the day on which the order is renewed.
Note
Section 28 also requires certain other matters to be specified in the order in relation to its duration.
(4)In renewing the serious crime prevention order, the Court may vary the conditions imposed under the order if it is necessary to do so for the Court to be satisfied as described in section 16(1)(b) and (c).
(5)Section 16(4) applies in relation to the imposition of conditions under a renewed serious crime prevention order.
Note
Section 16(4) requires the Court to have regard to what is already required of the respondent by various other instruments.
28Duration of renewed serious crime prevention order
(1)In renewing a serious crime prevention order, the Court must specify in the order—
(a)the day on which the order is to take effect; and
(b)the duration of the order, which must not be longer than 5 years.
(2)A renewed serious crime prevention order—
(a)takes effect on the day specified in the order under subsection (1)(a) unless section 24(2) applies; and
Note
Section 24(2) provides for a varied serious crime prevention order to take effect on the day specified in the varied order.
(b)remains in effect for—
(i)the duration specified in the order under subsection (1)(b); or
(ii)if that duration is varied under section 23, the duration as varied—
unless sooner revoked.
29Service of renewed serious crime prevention order
The Chief Commissioner must cause a copy of a renewed serious crime prevention order to be served on the individual to whom it applies as soon as practicable after the order is renewed but no later than 7 days after that renewal.
Note
For service, see Division 2 of Part 6.
30Serious crime prevention order may be renewed more than once
A serious crime prevention order may be renewed more than once.
Division 4—Contravention of serious crime prevention orders
31Offence to contravene serious crime prevention order
(1)An individual who either—
(a)knows that a serious crime prevention order that applies to them is in effect; or
(b)is reckless as to that fact—
must not contravene a condition imposed under that order.
Penalty:600 penalty units or imprisonment for 5 years or both.
(2)An offence against subsection (1) is an indictable offence.
(3)In proceedings for an offence against subsection (1), service of a copy of the serious crime prevention order is proof, in the absence of evidence to the contrary, that the individual to whom the order applies knows that a serious crime prevention order that applies to them is in effect.
(4)In proceedings for an offence against subsection (1), if the contravention is constituted by the individual associating with another individual contrary to a condition imposed under the serious crime prevention order, it is not necessary for the prosecution to prove—
(a)that the individual to whom the order applies associated with that other individual for any particular purpose; or
(b)that the association would have led to the commission of any offence.
* * * * *
PART 4—PROTECTION OF CRIMINAL INTELLIGENCE
Division 1—Preliminary
69Definitions
In this Part—
protection application means an application under section 70 for a criminal intelligence protection order;
relevant party to a substantive application means—
(a)if the substantive application was made by the Chief Commissioner, the respondent to the application; or
(b)otherwise, the person who made the application;
substantive application means—
(a)an application for a serious crime prevention order; or
(b)an application for the revocation of a serious crime prevention order; or
(c)an application for the variation of a serious crime prevention order; or
(ca)an application for the renewal of a serious crime prevention order; or
(d)an application for the registration of a corresponding order referred to the Court under section 102; or
(e)an application—
(i)for the variation of a registered corresponding order; or
(ii)for the cancellation of the registration of a registered corresponding order.
Division 2—Criminal intelligence protection orders
70Application for criminal intelligence protection order
(1)If a substantive application is made, the Chief Commissioner may apply to the Court for an order (a criminal intelligence protection order) in relation to any information, document or other thing related to that substantive application that the Chief Commissioner believes on reasonable grounds is criminal intelligence.
Note
Criminal intelligence is defined in section 3(1). An application for a criminal intelligence protection order is called a protection application—see section 69.
(2)A protection application must—
(a)be in writing; and
(b)state the grounds on which the order is sought; and
(c)be accompanied by an affidavit which addresses the grounds on which the order is sought.
71Appointment and role of special counsel
(1)If a protection application is made, the Court may appoint a special counsel to represent the interests of the relevant party to the substantive application in relation to which the protection application was made at the hearing of the protection application.
(2)A special counsel must be a barrister within the meaning of the Legal Profession Uniform Law (Victoria) who, in the opinion of the Court, has the appropriate skills and ability to represent the interests of the relevant party at the hearing of the protection application.
(3)At any time before the special counsel attends the hearing or obtains any information or the original or a copy of any document or other thing that is the subject of the protection application, the special counsel may communicate with the relevant party, or any representative of the relevant party, for the purposes of obtaining information from the relevant party or representative in relation to the protection application.
(4)At any time after the special counsel commences to attend the hearing or obtains any information or the original or a copy of any document or other thing that is the subject of the protection application, the special counsel—
(a)may communicate to the relevant party or a representative of the relevant party any order made by the Court at or in relation to the hearing; and
(b)must not communicate any other information in relation to the hearing to the relevant party or a representative of the relevant party, but may seek information from the relevant party or representative that is necessary for the special counsel to represent the interests of the relevant party.
(5)The special counsel—
(a)must not perform their role in a manner that compromises the confidentiality of all or any part of the information, document or other thing that is the subject of the protection application; and
(b)does not incur any liability to the relevant party in respect of anything done or omitted to be done by the special counsel in performing their role as special counsel.
72Adjournment to allow special counsel to communicate with relevant party
(1)The Court may adjourn a proceeding on a protection application to allow a special counsel appointed under section 71 to communicate with the relevant party or a representative of the relevant party in accordance with section 71(3) or (4).
(2)Subsection (1) does not limit any other power of the Court to adjourn a proceeding.
73Protection application to be heard in closed court unless Court orders otherwise
(1)Unless the Court orders otherwise, a protection application must be heard in closed court.
(2)The Court may make an order under subsection (1) if it considers it appropriate to do so.
(3)If the protection application is heard in closed court, the only persons who may be present at the hearing are—
(a)the Chief Commissioner or the Chief Commissioner's delegate;
(b)any lawyers representing the Chief Commissioner;
(c)a special counsel appointed under section 71 in relation to the application;
(d)any witnesses who may be called to give evidence;
(e)the presiding judge and any court staff necessary for the hearing.
(4)If the protection application is heard in closed court, the Court must cause a notice to be posted on a door of the court house or in another conspicuous place where notices are usually posted at the court house—
(a)stating that the hearing is being held in closed court; and
(b)stating who may be present at the hearing; and
(c)stating that it is an offence for anyone else to enter or attempt to enter the place where the hearing is being held.
(5)If the Court makes an order under subsection (1)—
(a)the Chief Commissioner may withdraw the protection application; and
(b)if the substantive application was made by the Chief Commissioner, the Chief Commissioner may withdraw that application (or both applications).
* * * * *
74Offence to enter closed court
(1)A person not referred to in section 73(3) who knows or is reckless as to the fact that a hearing is being held in closed court under section 73 must not enter the place where the hearing is being held.
Penalty:600 penalty units or imprisonment for 5 years or both.
(2)An offence against subsection (1) is an indictable offence.
(3)If—
(a)a person is charged with an offence against subsection (1); and
(b)the prosecution proves that a notice was posted in accordance with section 73(4) at the time of the alleged offence—
the person is presumed to have known, or to have been reckless as to the fact, that the hearing was being held in closed court unless the person presents or points to evidence that the person did not know and was not reckless as to that fact.
* * * * *
75Determining protection application
(1)After hearing a protection application, the Court may make a criminal intelligence protection order in respect of all or any part of the information, document or other thing to which the application relates if the Court is satisfied that—
(a)the information, document, thing or part is criminal intelligence; and
(b)the reasons for maintaining the confidentiality of the criminal intelligence outweigh any prejudice or unfairness to the relevant party to the substantive application.
(2)If the Court declines to make a criminal intelligence protection order in respect of all or any part of the information, document or other thing—
(a)the Chief Commissioner is not obliged to adduce that information, document, other thing or part in evidence in the proceeding on the substantive application; and
(b)if the substantive application was made by the Chief Commissioner, the Chief Commissioner may withdraw the substantive application.
(3)If the substantive application was made by the Chief Commissioner, the Chief Commissioner may also withdraw the substantive application if the Court at any time during the proceeding on the substantive application makes an order for discovery of all or any part of the information, document or other thing that was the subject of the protection application, whether or not a criminal intelligence protection order was made.
76Admissibility of protected criminal intelligence
To avoid doubt, the making of a criminal intelligence protection order is not determinative of the admissibility of the protected criminal intelligence in evidence in the proceeding on the substantive application.
77Offence to publish report of hearing of protection application
(1)Unless the Court orders otherwise, a person must not publish a report of a hearing of a protection application or any information derived from such a hearing.
Penalty:In the case of an individual, 600 penalty units or imprisonment for 5 years or both;
In the case of a body corporate, 3000 penalty units.
(2)An offence against subsection (1) is an indictable offence.
(3)The Court may make an order under subsection (1) if it considers it appropriate to do so.
Division 3—How protected criminal intelligence is dealt with in substantive applications
78Division applies to the relevant part of a substantive application
(1)This Division applies to any part of a proceeding on a substantive application in which protected criminal intelligence is sought to be admitted, or is adduced, in evidence.
Note
Protected criminal intelligence is criminal intelligence that is the subject of a criminal intelligence protection order—see section 3(1).
(2)In this Division, the part of proceedings referred to in subsection (1) is called the relevant part.
79Appointment and role of special counsel
(1)The Court may appoint a special counsel to represent the interests of the relevant party to the substantive application at the hearing of the relevant part.
(2)A special counsel must be a barrister within the meaning of the Legal Profession Uniform Law (Victoria) who, in the opinion of the Court, has the appropriate skills and ability to represent the interests of the relevant party at the hearing of the relevant part.
(3)If a special counsel was appointed under section 71 to represent the interests of the relevant party at the hearing of the protection application, the Court may appoint the same person or a different person as special counsel under this section.
(4)At any time before the special counsel attends the hearing of the relevant part or obtains any of the protected criminal intelligence or any copy of any of the protected criminal intelligence, the special counsel may communicate with the relevant party, or any representatives of the relevant party, for the purposes of obtaining information from the relevant party or representative in relation to the relevant part.
(5)To avoid doubt, subsection (4) does not apply if the special counsel is the same person as the special counsel appointed under section 71 to represent the interests of the relevant party at the hearing of the protection application.
(6)If the special counsel is the same person as the special counsel appointed under section 71, the special counsel—
(a)may communicate to the relevant party or a representative of the relevant party any order made by the Court at or in relation to the hearing of the relevant part; and
(b)must not communicate any other information in relation to the hearing of the relevant part to the relevant party or a representative of the relevant party, but may seek information from the relevant party or representative that is necessary for the special counsel to represent the interests of the relevant party.
(7)If the special counsel is not the same person as the special counsel appointed under section 71, at any time after the special counsel commences to attend the hearing of the relevant part or obtains any of the protected criminal intelligence or any copy of any of the protected criminal intelligence, the special counsel—
(a)may communicate to the relevant party or a representative of the relevant party any order made by the Court at or in relation to the hearing; and
(b)must not communicate any other information in relation to the hearing to the relevant party or a representative of the relevant party, but may seek information from the relevant party or representative that is necessary for the special counsel to represent the interests of the relevant party.
(8)The special counsel—
(a)must not perform their role in a manner that compromises the confidentiality of all or any part of the protected criminal intelligence; and
(b)does not incur any liability to the relevant party in respect of anything done or omitted to be done by the special counsel in performing their role as special counsel.
(9)The Court may direct that the special counsel may be present as an observer at any hearing of the substantive application other than the hearing of the relevant part.
Note
The special counsel is entitled to be present at the hearing of the relevant part—see section 81(3)(c).
80Adjournment to allow special counsel to communicate with relevant party
(1)The Court may adjourn a proceeding on a substantive application to allow a special counsel appointed under section 79 to communicate with the relevant party or a representative of the relevant party in accordance with section 79(4), (6) or (7) (as the case requires).
(2)Subsection (1) does not limit any other power of the Court to adjourn a proceeding.
81Protected criminal intelligence to be dealt with in closed court unless Court orders otherwise
(1)Unless the Court orders otherwise, the relevant part must be heard in closed court.
(2)The Court may make an order under subsection (1) if it considers it appropriate to do so.
(3)If the relevant part is heard in closed court, the only persons who may be present at the hearing of the relevant part are—
(a)the Chief Commissioner or the Chief Commissioner's delegate;
(b)any lawyers representing the Chief Commissioner;
(c)a special counsel appointed under section 79 in relation to the relevant part;
(d)any witnesses who may be called to give evidence;
(e)the presiding judge and any court staff necessary for the hearing.
(4)If the relevant part is heard in closed court, the Court must cause a notice to be posted on a door of the court house or in another conspicuous place where notices are usually posted at the court house—
(a)stating that the hearing of the relevant part is being held in closed court; and
(b)stating who may be present at the hearing of the relevant part; and
(c)stating that it is an offence for anyone else to enter or attempt to enter the place where the hearing of the relevant part is being held.
(5)If the Court makes an order under subsection (1)—
(a)the Chief Commissioner is not obliged to adduce any protected criminal intelligence in evidence; and
(b)if the substantive application was made by the Chief Commissioner, the Chief Commissioner may withdraw that application.
Note
The Chief Commissioner may also withdraw the substantive application if the Court makes an order for discovery of all or any part of the protected criminal intelligence—see section 75(3).
* * * * *
82Offence to enter closed court
(1)A person not referred to in section 81(3) who knows or is reckless as to the fact that a hearing is being held in closed court under section 81 must not enter the place where the hearing is being held.
Penalty:600 penalty units or imprisonment for 5 years or both.
(2)An offence against subsection (1) is an indictable offence.
(3)If—
(a)a person is charged with an offence against subsection (1); and
(b)the prosecution proves that a notice was posted in accordance with section 81(4) at the time of the alleged offence—
the person is presumed to have known, or to have been reckless as to the fact, that the hearing was being held in closed court unless the person presents or points to evidence that the person did not know and was not reckless as to that fact.
* * * * *
83Offence to publish report of hearing of relevant part
(1)Unless the Court orders otherwise, a person must not publish a report of a hearing of the relevant part or any information derived from such a hearing.
Penalty:In the case of an individual, 600 penalty units or imprisonment for 5 years or both;
In the case of a body corporate, 3000 penalty units.
(2)An offence against subsection (1) is an indictable offence.
(3)The Court may make an order under subsection (1) if it considers it appropriate to do so.
Division 4—General
84Disclosure, receipt or solicitation of protected criminal intelligence
(1)Subject to subsection (3), a person must not disclose, receive or solicit any information, document or other thing if the person knows or is reckless as to the fact that the information, document or other thing is protected criminal intelligence.
Penalty:In the case of an individual, 600 penalty units or imprisonment for 5 years or both;
In the case of a body corporate, 3000 penalty units.
(2)An offence against subsection (1) is an indictable offence.
(3)Subsection (1) does not apply—
(a)to disclosure, receipt or solicitation of protected criminal intelligence that was in the public domain at the time of the disclosure, receipt or solicitation; or
(b)to disclosure, receipt or solicitation of protected criminal intelligence by a law enforcement officer in the performance of the law enforcement officer's duty; or
(c)to disclosure of protected criminal intelligence by a person to a lawyer, or the receipt or solicitation of protected criminal intelligence by a lawyer from a person, in the course of the person consulting the lawyer for legal advice; or
(d)to disclosure, receipt or solicitation of protected criminal intelligence that is published in accordance with an order of the Court under section 77(1) or 83(1); or
(e)to disclosure, receipt or solicitation of protected criminal intelligence that is required, authorised or permitted by or under this Act.
(4)A person does not commit an offence against subsection (1) if—
(a)the person presents or points to evidence that suggests a reasonable possibility that a circumstance referred to in subsection (3) existed at the time of the alleged commission of the offence; and
(b)the contrary is not proved (beyond reasonable doubt) by the prosecution.
85Disclosure, receipt or solicitation of other confidential material
(1)This section applies to any information, document or other thing that was the subject of a protection application that was not granted by the Court.
(2)Subject to subsection (4), a person must not disclose, receive or solicit any information, document or other thing to which this section applies if the person knows or is reckless as to the fact that the information, document or other thing is information or a document or other thing to which this section applies.
Penalty:In the case of an individual, 600 penalty units or imprisonment for 5 years or both;
In the case of a body corporate, 3000 penalty units.
(3)An offence against subsection (2) is an indictable offence.
(4)Subsection (2) does not apply—
(a)to disclosure, receipt or solicitation of any information, document or other thing that was in the public domain at the time of the disclosure, receipt or solicitation; or
(b)to disclosure, receipt or solicitation of any information, document or other thing that has been adduced in evidence by or on behalf of the Chief Commissioner in relation to a substantive application; or
(c)to disclosure, receipt or solicitation of any information, document or other thing by a law enforcement officer in the performance of the law enforcement officer's duty; or
(d)to disclosure of any information, document or other thing by a person to a lawyer, or the receipt or solicitation of any information, document or other thing by a lawyer from a person, in the course of the person consulting the lawyer for legal advice; or
(e)to disclosure, receipt or solicitation of any information, document or other thing that is published in accordance with an order of the Court under section 77(1); or
(f)to disclosure, receipt or solicitation of any information, document or other thing that is required, authorised or permitted by or under this Act.
(5)A person does not commit an offence against subsection (2) if—
(a)the person presents or points to evidence that suggests a reasonable possibility that a circumstance referred to in subsection (4) existed at the time of the alleged commission of the offence; and
(b)the contrary is not proved (beyond reasonable doubt) by the prosecution.
PART 5—RECOGNITION OF CORRESPONDING ORDERS
* * * * *
Division 2—Reciprocal recognition of corresponding orders
Subdivision 1—Application for registration
99Chief Commissioner may apply for registration of corresponding orders
(1)The Chief Commissioner may apply to the County Court registrar for registration of a corresponding order.
(2)An application for registration of a corresponding order does not need to be served on the respondent.
* * * * *
100Form and content of application
An application for registration of a corresponding order must—
(a)be in writing; and
(b)state that the Chief Commissioner believes that it is necessary or desirable that the corresponding order operate in this State; and
(c)state whether the Chief Commissioner believes that it is necessary or desirable for the corresponding order to be registered with variations for its effective operation in this State, and if so, the details of those variations; and
(d)be accompanied by—
(i)a copy of the corresponding order to be registered; and
(ii)an affidavit that includes enough information to enable the County Court registrar to find that the order referred to in subparagraph (i)—
(A)is a corresponding order within the meaning of this Act; and
(B)is in effect.
Subdivision 2—Registration of corresponding orders
101Registration of corresponding order by County Court registrar
(1)On an application under section 99 for the registration of a corresponding order, the County Court registrar must register the order if the County Court registrar is satisfied—
(a)that the order is in effect; and
(b)if the law of the jurisdiction in which the order was made requires notice of the order to be published—that the requirement has been complied with; and
(c)if the law of the jurisdiction in which the order was made requires that the order be served on any organisation, person or group of persons—that the requirement has been complied with or is taken to have been complied with; and
(d)that the application states that the Chief Commissioner believes that it is necessary or desirable that the corresponding order operate in this State; and
(e)that the application does not state that the Chief Commissioner believes that it is necessary for the corresponding order to be registered with variations for its effective operation in this State.
(2)The County Court registrar must not register a corresponding order unless the County Court registrar is satisfied of the matters set out in subsection (1).
102Referral of application to Court for variation
If the application states that the Chief Commissioner believes that it is necessary for a corresponding order to be registered with variations for its effective operation in this State, the County Court registrar must—
(a)refer the application for registration to the Court; and
(b)notify the Chief Commissioner of that referral.
103Service of application
(1)If an application for registration of a corresponding order is referred to the Court under section 102, the Chief Commissioner must cause the following documents to be served on the respondent—
(a)a copy of the application for registration;
(b)a copy of each affidavit that accompanied the application.
(2)The copies must be served as soon as practicable after the application is referred to the Court.
Note
For service, see Division 2 of Part 6.
104Hearing of application
(1)The Chief Commissioner and the respondent may appear at the hearing of an application referred to the Court under section 102 and make submissions in relation to the application.
(a)bears a mark the public display of which constituted an offence against section 124ZN; and
(b)is seized under—
(i)a search warrant issued as provided for by section 124ZV; or
(ii)section 124ZW; or
(iii)a power at common law as it applies in relation to that offence.
(2)If a court finds a person guilty of the offence referred to in subsection (1)(a), Division 1 of Part 3 of the Confiscation Act 1997 applies—
(a)as if that offence were a Schedule 1 offence (within the meaning of that Act); and
(b)as if the motor vehicle were the only tainted property (within the meaning of that Act) in relation to that offence.
(3)The remaining provisions of the Confiscation Act 1997 apply in relation to a forfeiture order applied for or made in accordance with subsection (2) in the same way that they apply to any other forfeiture order under Division 1 of Part 3 of that Act.
(4)A provision of the Confiscation Act 1997 applied by subsection (3) applies on the basis set out in subsection (2)(a) and (b).
Division 4—Regulations
124ZZC Regulations
(1)The Governor in Council may make regulations for or with respect to—
(a)prescribing an organisation for the purposes of the definition of Part 5B organisation; and
(b)prescribing a mark in respect of an organisation for the purposes of section 124ZN(d)(ii).
(2)The Minister may recommend the making of regulations for prescribing an organisation for the purposes of the definition of Part 5B organisation only if—
(a)the Minister has consulted with the Chief Commissioner; and
(b)the Minister is satisfied on reasonable grounds that the application of the prohibitions under this Part in relation to the organisation—
(i)is likely to substantially assist in disrupting or preventing serious criminal activity; and
(ii)is reasonably necessary to prevent or disrupt serious criminal activity.
(3)If the Chief Commissioner informs the Minister that a person has been involved in serious criminal activity while a member or prospective member of a particular organisation, the Minister must take that into account when considering whether to be satisfied as described in subsection (2)(b) in relation to that organisation.
PART 5C—EXCLUSION OF MEMBERS OF CERTAIN ORGANISATIONS FROM VICTORIAN GOVERNMENT WORKSITES
124ZZD Members of Part 5C organisations must not enter certain areas at Victorian Government worksites
(1)An individual who is 18 years old or older and who is a member of a Part 5C organisation must not enter an area—
(a)that is, or is located at, a Victorian Government worksite; and
(b)to which public access is restricted; and
(c)where development is taking place.
Penalty:Imprisonment for 3 years or 360 penalty units or both.
Note
The meaning of member is modified for the purposes of this Part—see paragraph (d) of the definition of member.
(2)An offence against subsection (1) is an indictable offence.
(3)No permission or requirement arising by or under any other Act permits or requires an entry in contravention of subsection (1).
(4)In this section—
construct has the same meaning as in the Major Transport Projects Facilitation Act 2009;
development includes—
(a)the construction of a facility or infrastructure; and
(b)the construction or exterior alteration or exterior decoration of a building; and
(c)the demolition or removal of a building or works; and
(d)the construction or carrying out of works; and
(e)the subdivision or consolidation of land, including buildings or airspace; and
(f)the placing or relocation of a building or works on land; and
(g)the construction or putting up for display of signs or hoardings;
land has the same meaning as in the Major Transport Projects Facilitation Act 2009;
workshas the same meaning as in the Major Transport Projects Facilitation Act 2009.
124ZZE Regulations
(1)The Governor in Council may make regulations for or with respect to—
(a)prescribing an organisation for the purposes of the definition of Part 5C organisation; and
(b)prescribing an area for the purposes of the definition of Victorian Government worksite.
(2)The Minister may recommend the making of regulations for prescribing an organisation for the purposes of the definition of Part 5C organisation only if—
(a)the Minister has consulted with the Chief Commissioner; and
(b)the Minister is satisfied on reasonable grounds that applying the prohibitions under this Part in relation to that organisation—
(i)is likely to substantially assist in disrupting or preventing criminal activity in relation to public construction; and
(ii)is reasonably necessary to prevent or disrupt criminal activity in relation to public construction.
(3)The Minister may recommend the making of regulations for prescribing an area for the purposes of the definition of Victorian Government worksite only if—
(a)the area is, or is located at—
(i)a project area; or
(ii)an area at which the Minister is satisfied on reasonable grounds that public construction is occurring; and
(b)the Minister is satisfied on reasonable grounds that applying the prohibitions under this Part in relation to that area is likely to substantially assist in disrupting or preventing criminal activity in relation to public construction.
(4)In this section—
project area means—
(a)a project area within the meaning of the Major Transport Projects Facilitation Act 2009; or
(b)a project area within the meaning of the Suburban Rail Loop Act 2021; or
(c)a project area within the meaning of the Development Victoria Act 2003; or
(d)a site of a nominated project within the meaning of the Project Development and Construction Management Act 1994;
public construction means the construction, maintenance, rehabilitation, alteration, extension or demolition of any improvements on land by, or on behalf of a Department or a public body within the meaning of Parts 3 and 4 of the Project Development and Construction Management Act 1994.
PART 6—GENERAL
Division 1—Corporate criminal responsibility
125Definitions
In this Division—
associate, in relation to a body corporate, means a person who is—
(a)an employee or agent of the body corporate to the extent that the person is acting within the actual or apparent scope of the person's employment or within the person's actual or apparent authority; or
(b)an officer of the body corporate;
officer means—
(a)in the case of body corporate that is—
(i)a company or registered foreign company within the meaning of the Corporations Act; or
(ii)is incorporated under a law of another State or a Territory—
an officer (as defined by section 9 of the Corporations Act) of the body corporate to the extent that the officer is acting within the actual or apparent scope of the officer's employment or within the officer's actual or apparent authority;
(b)in the case of a body corporate that is an incorporated association—an office holder within the meaning of section 82 of the Associations Incorporation Reform Act 2012;
specified section means section 77(1), 83(1), 84(1), 85(2), 124ZN, 124ZS or 124ZU(1).
126Corporate criminal responsibility for certain offences against this Act
(1)For the purposes of a proceeding against a body corporate for an offence against a specified section—
(a)relevant conduct engaged in by an associate of the body corporate must also be attributed to the body corporate; and
(b)knowledge of an associate of the body corporate must also be attributed to the body corporate.
(2)If an officer of a body corporate contravenes a specified section, the body corporate must be taken to have also contravened that section and may be proceeded against and found guilty of an offence against that section whether or not the officer has been proceeded against or found guilty of that offence.
(3)In a proceeding against a body corporate for an offence against a specified section, brought in reliance on subsection (2), it is a defence to the charge for the body corporate to prove that it exercised due diligence to prevent the contravention of that section by the officer.
(4)It is not necessary that each element of an offence against a specified section that is attributed to a body corporate by force of subsection (1) be supplied by the same associate of the body corporate.
Division 2—Service
127General rules as to service
(1)For the purposes of this Act—
(a)if a document is to be served on an individual—it must be served in accordance with section 128.
* * * * *
(2)If it appears to a court on sworn or affirmed evidence, whether oral or by affidavit, that service cannot be promptly effected, the court may make an order for substituted service.
128Service on an individual
A document may be served on an individual—
(a)by delivering it personally to the individual; or
(b)by sending it by prepaid ordinary post to the individual at the individual's usual or last known residential or business address; or
(c)by leaving it at the individual's usual or last known residential or business address with an individual on the premises who is apparently at least 16 years old and apparently residing or employed there.
* * * * *
* * * * *
Division 4—Reporting
133Annual report
(1)The Chief Commissioner must give the Attorney-General a report that includes the following information in respect of each financial year—
(a)in respect of each of the following kinds of applications, the number of those applications made during that financial year—
(i)applications for serious crime prevention orders for which the respondents are eligible offenders;
(ii)applications for serious crime prevention orders for which the respondents are not eligible offenders;
(iii)applications to vary serious crime prevention orders;
(iv)applications to revoke serious crime prevention orders;
(v)applications to renew serious crime prevention orders;
(vi)applications for criminal intelligence protection orders where the relevant party to the substantive application is an eligible offender;
(vii)applications for criminal intelligence protection orders where the relevant party to the substantive application is not an eligible offender;
(b)in respect of each of the kinds of applications specified in paragraph (a)—
(i)the number of those applications that were withdrawn during that financial year and, separately, the number of those withdrawn applications that were in respect of an Aboriginal person or a Torres Strait Islander; and
(ii)the number of those applications that were refused during that financial year and, separately, the number of those refused applications that were in respect of an Aboriginal person or a Torres Strait Islander; and
(iii)the number of those applications that were granted during that financial year and, separately, the number of those granted applications that were in respect of an Aboriginal person or a Torres Strait Islander;
(c)the number of serious crime prevention orders that were in effect on the last day of that financial year;
(d)the number of corresponding orders registered under Part 5 during that financial year;
(e)the number of registered corresponding orders in effect on the last day of that financial year;
(f)the number of criminal intelligence protection orders made in that financial year;
(g)the number of unlawful association notices issued during that financial year and, separately, the number of those notices issued to an Aboriginal person or a Torres Strait Islander;
(h)details of the ages (in ranges) of individuals in respect of whom unlawful association notices were issued during that financial year;
(i)details of the ages (in ranges) of individuals charged with an offence against section 124A(1) during that financial year;
(j)the number of unlawful association notices amended under each of the following provisions during that financial year—
(i)section 124J;
(ii)section 124KA(1)(b)(i);
(iii)section 124O(2);
(iv)section 124O(2A)(b)(i);
(k)the number of unlawful association notices that were revoked under each of the following provisions during that financial year—
(i)section 124K(1);
(ii)section 124K(2);
(iii)section 124KA(1)(c);
(iv)section 124P(2);
(v)section 124P(3);
(l)the number of applications made under section 124JA for revocation during the financial year;
(m)the number of applications made under section 124M for internal review during the financial year;
(n)the number of applications made during that financial year under section 124MA for an extension of time within which an application for internal review may be made;
(o)the number of decisions affirmed under section 124N(3)(a) during the financial year;
(p)the number of decisions or unlawful association notices amended under section 124N(3)(a) during the financial year;
(q)the number of decisions set aside under section 124N(3)(b) during the financial year;
(r)the number of applications made under section 124B(1) for a lawful association authority during the financial year;
(s)the number of lawful association authorities granted under section 124B(3)(a) during the financial year;
(t)the number of notices published in the Government Gazette under section 124C during the financial year;
(u)for each offence set out in a provision of this Act—
(i)the number of charges for that offence for which a criminal proceeding was commenced during that financial year; and
(ii)the number of persons who were charged with that offence during that financial year and, separately, the number of those persons who are Aboriginal persons or Torres Strait Islanders; and
(iii)the number of findings of guilt for that offence that were made during that financial year; and
(iv)the number of convictions for that offence that were imposed during that financial year; and
(v)the number of charges referred to in subparagraph (i) that were heard and determined during that financial year without a finding of guilt or a conviction being imposed (including because the charge was withdrawn or dismissed or the prosecution of the charge was discontinued); and
(vi)the number of proceedings—
(A)in which that offence was charged; and
(B)that concluded during that financial year;
(v)in addition to each number of charges, findings of guilt, convictions or proceedings referred to in paragraph (u), the number of such charges, findings of guilt, convictions or proceedings that were in respect of Aboriginal persons or Torres Strait Islanders.
(2)The report must be given to the Attorney-General as soon as practicable, but within 3 months, after the end of each financial year.
(3)The Attorney-General must cause a copy of the report to be laid before each House of Parliament within 12 sitting days of that House after the report is received by the Attorney-General.
(4)In this section—
Aboriginal person or Torres Strait Islander means a person who is identified that way in records held by Victoria Police;
relevant party has the same meaning as in Part 4;
substantive application has the same meaning as in Part 4.
Division 5—Other matters
134Information sharing
(1)For the purposes of this section, the following are specified persons—
(a)the Chief Commissioner;
(b)the County Court registrar;
(c)a special counsel appointed under section 71 or 79.
* * * * *
(2)The Chief Commissioner, the County Court registrar or a special counsel appointed under section 71 or 79 may disclose information acquired in the exercise of powers or the performance of functions or duties under this Act to any other specified person for the purpose of—
(a)enabling the Chief Commissioner, the County Court registrar or a special counsel appointed under section 71 or 79 to exercise powers or perform functions or duties under this Act.
* * * * *
* * * * *
(4)The Chief Commissioner may disclose the identity of an individual who is subject to a serious crime prevention order to—
(a)an Australian law enforcement agency; or
* * * * *
(d)a police force or police service (however described) of a place outside Australia; or
(e)any other authority or person responsible for the enforcement of the laws of a place outside Australia.
135Nature of proceedings under Act
Proceedings on an application under this Act are civil in nature, except as otherwise provided under this Act.
* * * * *
135BCosts
(1)In relation to an application referred to in section 9—
(a)the applicant must bear the applicant's own costs; and
(b)the respondent must bear the respondent's own costs.
* * * * *
(2)Despite subsection (1), the Court may award costs against a person referred to in that subsection if the person has—
(a)made an application or objection that the Court considers frivolous or vexatious; or
(b)by an unreasonable act or omission caused the other person to incur costs in relation to the application or objection.
* * * * *
135CAdjournment before costs order made
(1)This section applies if, at a hearing for an application referred to in section 9—
(a)the Court decides that there are grounds to award costs against a person under section 135B(2); and
(b)neither the person nor the person's legal representative (if any) is present at the hearing.
(2)The Court may—
(a)adjourn the proceeding; and
(b)give the person notice that an order for costs will be made at the next hearing of the proceeding unless the person contests the making of the order at that hearing.
* * * * *
136Delegation
(1)The Chief Commissioner, by instrument, may delegate any function or power the Chief Commissioner has under this Act, except section 124B, to a police officer of or above the rank of inspector.
(1A)The Chief Commissioner, by instrument, may delegate any function or power the Chief Commissioner has under section 124B to a senior police officer.
(2)Subsection (1) does not limit section 19 of the Victoria Police Act 2013.
* * * * *
137AReview following Criminal Organisations Control Amendment Act 2024
(1)The Attorney-General must cause—
(a)a review to be undertaken of the operation and effectiveness of this Act during the review period; and
(b)a report of that review to be prepared.
(2)The review must be undertaken having regard to the views of—
(a)the public; and
(b)the entities that the entity undertaking the review considers relevant to the review; and
(c)entities representing—
(i)Aboriginal persons and Torres Strait Islanders; or
(ii)other vulnerable persons.
(3)The review must examine whether, during the review period, this Act—
(a)has been effective in disrupting and preventing criminal activity; and
(b)has appropriately targeted serious and organised crime; and
(c)has had a disproportionate impact on—
(i)Aboriginal persons and Torres Strait Islanders; or
(ii)other vulnerable persons; and
(d)has had unintended consequences.
(4)The report of the review may include recommendations in relation to whether this Act should be amended to improve the operation and effectiveness of this Act (including to make this Act operate more fairly).
(5)The review must be completed and a report of the review must be given to the Attorney‑General within six months after the end of the review period.
(6)The Attorney-General must cause a copy of the report of the review to be laid before each House of Parliament as soon as practicable after the Attorney-General is given the report.
(7)In this section—
reviewperiod means the period—
(a)beginning on the commencement of the Criminal Organisations Control Amendment Act 2024; and
(b)ending on the third anniversary of that commencement.
138Regulations
(1)The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2)Regulations made under this Act—
(a)may be of general or limited application; and
(b)may differ according to differences in time, place or circumstances; and
(c)confer a discretionary authority or impose a duty on a specified person or a specified class of persons; and
(d)may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person or class of persons; and
(e)provide in a specified case or class of cases for the exemption of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to such extent as is specified; and
(f)apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person—
(i)wholly or partially or as amended by the regulations; or
(ii)as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or
(iii)as formulated, issued, prescribed or published from time to time.
PART 7—TRANSITIONAL PROVISIONS
139Confiscation and Other Matters Amendment Act 2016
Despite section 45(2)(a), the Court must not impose a condition referred to in that provision in making a control order that applies to a declared organisation that is the subject of a restrictive declaration made under section 19(2A) as in force immediately before the commencement of Part 3 of the Confiscation and Other Matters Amendment Act 2016.
140Criminal Organisations Control Amendment Act 2024
Each unlawful association notice that is in effect immediately before the commencement of Part 2 of the Criminal Organisations Control Amendment Act 2024 ceases to have effect on that commencement.
SCHEDULE 1—APPLICABLE OFFENCES
1Control of Weapons Act 1990
1.1An offence against section 5(1A) of the Control of Weapons Act 1990 (possessing, carrying or using a prohibited weapon in licensed premises without an exemption or approval).
2Crimes Act 1958
2.1An offence against section 21 of the Crimes Act 1958 (threats to inflict serious injury).
2.2An offence against section 30 of the Crimes Act 1958 (threatening injury to prevent arrest).
2.3An offence against section 31(1) of the Crimes Act 1958 constituted by the conduct described in paragraph (a) of that provision (assault with intent to commit an indictable offence).
2.4An offence against section 31A(1) of the Crimes Act 1958 (use of firearms in the commission of offences).
2.5An offence against section 195H(1) of the Crimes Act 1958 (affray).
Note
Other offences against the Crimes Act 1958 are also applicable offences. See paragraph (c) of the definition of applicable offence in section 3(1).
3Drugs, Poisons and Controlled Substances Act 1981
3.1An offence against section 56(14) of the Drugs, Poisons and Controlled Substances Act 1981 (manufacture of heroin etc.).
3.2An offence against section 71AD of the Drugs, Poisons and Controlled Substances Act 1981 (use of violence or threats to cause trafficking in drug of dependence).
3.3An offence against section 71C of the Drugs, Poisons and Controlled Substances Act 1981 (possession of tablet press).
3.4An offence against section 72D(1) of the Drugs, Poisons and Controlled Substances Act 1981 (permitting use of premises for trafficking or cultivation of drug of dependence).
4Firearms Act 1996
4.1An offence against section 5(2) of the Firearms Act 1996 (offence for prohibited person to possess, carry or use a silencer or any other prescribed item).
4.2An offence against section 7(1) of the Firearms Act 1996 (offence for non‑prohibited person to possess, carry or use a registered general category handgun without a licence).
4.3An offence against section 7(2) of the Firearms Act 1996 (offence for a non‑prohibited person to possess, carry or use a registered category E handgun).
4.4An offence against section 7(3) of the Firearms Act 1996 (offence for a non‑prohibited person to possess, carry or use a registered general category handgun that was manufactured before 1 January 1947 without a licence).
4.5An offence against section 7A(1) of the Firearms Act 1996 (offences for certain types of handguns).
4.6An offence against section 7B(1) of the Firearms Act 1996 (offence to possess, carry or use an unregistered handgun).
4.7An offence against section 95(2A) of the Firearms Act 1996 (prohibition on acquisition of general category handgun except from licensed firearms dealer).
4.8An offence against section 95(3) of the Firearms Act 1996 (prohibition on acquisition of category E longarm except from licensed firearms dealer).
4.9An offence against section 102(2A) of the Firearms Act 1996 (offence to acquire a general category handgun without a permit).
4.10An offence against section 112P(1) of the Firearms Act 1996 (offence to fail to surrender firearms or firearm related items immediately on service of a firearm prohibition order).
4.11An offence against section 112P(2) of the Firearms Act 1996 (offence to fail to surrender firearms or firearm related items no later than 24 hours after service of a firearm prohibition order).
4.12An offence against section 132(2) of the Firearms Act 1996 (offence to carry a firearm which is concealed from view for the purpose of committing an indictable offence).
4.13An offence against section 134(3) of the Firearms Act 1996 (offence to deface or alter identifying letter, symbol or mark on a firearm).
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 15 November 2012
Legislative Council: 29 November 2012
The long title for the Bill for this Act was "A Bill for an Act to provide for the making of declarations and control orders for the purpose of preventing and disrupting the activities of organisations involved in serious criminal activity, and of their members, former members, prospective members and associates, to provide for the recognition and application of declarations and control orders made under corresponding laws and to make related amendments to other Acts and for other purposes."
The Criminal Organisations Control Act 2012 was assented to on 18 December 2012 and came into operation on 13 March 2013: Special Gazette (No. 86) 13 March 2013 page 1.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Criminal Organisations Control Act 2012 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––Criminal Organisations Control Act 2012, No. 80/2012
Assent Date: 18.12.12 Commencement Date: S. 141 on 1.11.14: s. 141 Current State: This information relates only to the provision/s amending the Criminal Organisations Control Act 2012
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 40) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Criminal Organisations Control Act 2012
Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014
Assent Date: 26.8.14 Commencement Date: Ss 60–86 on 1.10.14: Special Gazette (No. 330) 23.9.14 p. 1; s. 145 on 31.10.14: Special Gazette (No. 330) 23.9.14 p. 1 Current State: This information relates only to the provision/s amending the Criminal Organisations Control Act 2012
Criminal Organisations Control Amendment (Unlawful Associations) Act 2015, No. 48/2015
Assent Date: 13.10.15 Commencement Date: Ss 3–8 on 1.7.16: s. 2(2) Current State: This information relates only to the provision/s amending the Criminal Organisations Control Act 2012
Confiscation and Other Matters Amendment Act 2016, No. 27/2016
Assent Date: 31.5.16 Commencement Date: Ss 27–39 on 1.9.16: Special Gazette (No. 270) 30.8.16 p. 1 Current State: This information relates only to the provision/s amending the Criminal Organisations Control Act 2012
Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017
Assent Date: 29.8.17 Commencement Date: S. 82 on 30.8.17: s. 2(1) Current State: This information relates only to the provision/s amending the Criminal Organisations Control Act 2012
Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Act 2017, No. 57/2017
Assent Date: 8.11.17 Commencement Date: S. 46 on 27.2.18: Special Gazette (No. 49) 13.2.18 p. 1 Current State: This information relates only to the provision/s amending the Criminal Organisations Control Act 2012
Firearms Amendment Act 2018, No. 2/2018
Assent Date: 13.2.18 Commencement Date: S. 40 on 9.5.18: Special Gazette (No. 209) 8.5.18 p. 1 Current State: This information relates only to the provision/s amending the Criminal Organisations Control Act 2012
Oaths and Affirmations Act 2018, No. 6/2018
Assent Date: 27.2.18 Commencement Date: S. 68(Sch. 2 item 37) on 1.3.19: s. 2(2) Current State: This information relates only to the provision/s amending the Criminal Organisations Control Act 2012
Serious Offenders Act 2018, No. 27/2018
Assent Date: 26.6.18 Commencement Date: S. 356 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1 Current State: This information relates only to the provision/s amending the Criminal Organisations Control Act 2012
Sex Work Decriminalisation Act 2022, No. 7/2022
Assent Date: 1.3.22 Commencement Date: S. 66 on 1.12.23: s. 2(3) Current State: This information relates only to the provision/s amending the Criminal Organisations Control Act 2012
Criminal Organisations Control Amendment Act 2024, No. 37/2024
Assent Date: 22.10.24 Commencement Date: Ss 4–112 on 25.8.25: s. 2(2) Current State: This information relates only to the provision/s amending the Criminal Organisations Control Act 2012
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3 Explanatory details
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