Criminal Organisations Control Amendment Act 2024 (Vic)

Criminal Organisations Control Amendment Act 2024

No. 37 of 2024

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Unlawful association

Division 1—Meaning of associate with

4Definitions

5New section 4 inserted

6Association with individuals convicted of serious criminal offences prohibited

Division 2—Meaning of family member

7Definitions

8New section 5A inserted

Division 3—Exceptions to unlawful association offence

9Association with individuals convicted of serious criminal offences prohibited—emergency services volunteers

10Association with individuals convicted of serious criminal offences prohibited—welfare services

11Association with individuals convicted of serious criminal offences prohibited—Aboriginal and Torres Strait Islander cultural practices and obligations

12Content of unlawful association notices

Division 4—Eligible offenders and applicable offences

13Definitions

14Section 5 substituted

15Section 10 amended

16Issue of unlawful association notice

17Further related unlawful association notices

18Schedule substituted

Division 5—Internal review of unlawful association notice decisions

19Definitions—Part 1

20New section 8B inserted

21Definitions—Division 3 of Part 5A

22Section 124M substituted

23New section 124MA inserted

24Decision on internal review

25Amendment of unlawful association notice following review

26Revocation of unlawful association notice following review

27Application for internal review does not stay effect of unlawful association notice

Division 6—Oversight by the IBAC

28Definitions

29New Division 4 of Part 5A inserted

Division 7—Other amendments

30Purposes

31Issue of unlawful association notice—change in test to be applied

32New section 124DA inserted

33Content of unlawful association notice

34Duration of an unlawful association notices

35New section 124JA inserted

36Section 124K substituted

37New sections 124KA, 124KB and 124KC inserted

Part 3—Replacing declarations and control orders with serious crime prevention orders

38Purposes

39Definitions—Part 1

40Section 9 substituted

41Part 2 substituted

42Part 3 repealed

43Definitions—Part 4

44Application for criminal intelligence protection order

45Appointment and role of special counsel

46Section 72 amended

47Protection application to be heard in closed court unless Court orders otherwise

48Determining protection application

49Appointment and role of special counsel

50Section 80 amended

51Protected criminal intelligence to be dealt with in closed court unless Court orders otherwise

52Heading to Part 5 amended

53Division 1 of Part 5 repealed

54Heading to Division 2 of Part 5 amended

55Section 99 amended

56Form and content of application

57Heading to Subdivision 2 of Division 2 of Part 5 amended

58Section 101 amended

59Referral of application to Court for variation

60Service of application

61Determination of application for registration

62Section 106 amended

63Period of registration

64Notice and copy to Chief Commissioner

65Section 109 amended

66Section 110 amended

67Section 111 amended

68Section 112 substituted

69Heading to Subdivision 3 of Division 2 of Part 5 amended

70Section 113 amended

71Determination of Court in relation to application for variation

72Section 116 substituted

73Notice and copy of varied order to Chief Commissioner

74Service of order with variation

75Heading to Subdivision 4 of Division 2 of Part 5

76Section 119 amended

77Determination of Court in relation to application for cancellation

78Section 122 substituted

79Notice to Chief Commissioner

80Service of notice on respondent

81General rules as to service

82Division 3 of Part 6 repealed

83Section 129 repealed

84Information sharing

85Section 135A repealed

86Costs

87Adjournment before costs order made

Part 4—Insignia of certain organisations

88Purposes

89Definitions—Part 1

90New section 5B inserted

91Meaning of prospective member

92New section 8A inserted

93New Part 5B inserted

94Definitions—Division 1 of Part 6

Part 5—Exclusion of members of certain organisations from Victorian Government worksites

95Purposes

96Definitions

97Intention of Parliament that exercise of powers under this Act not diminish certain rights

98New Part 5C inserted

Part 6—Other amendments to Principal Act

Division 1—Serious criminal activity

99Definitions

100New section 5C inserted

101New section 9A inserted

Division 2—Miscellaneous amendments

102References to Legal Profession Act 2004

103Repeal of outdated references to Supreme Court Act 1986

104Gendered language

105References to Department of Justice and Community Safety

106References to initial notices

107Annual report

108Information sharing

109Section 137 repealed

110New section 137A inserted

111Regulations

112New section 140 inserted

Part 7—Consequential amendment of other Acts

113Firearms Act 1996

114Major Crime (Investigative Powers) Act 2004

115Supreme Court Act 1986

Part 8—Repeal of this Act

116Repeal of this Act

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Endnotes

1      General information

Criminal Organisations Control Amendment Act 2024

No. 37 of 2024

[Assented to 22 October 2024]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to amend the Criminal Organisations Control Act 2012—

(i)to make changes to the unlawful association scheme provided for by Part 5A of that Act, including by providing for the Independent Broad‑based Anti-corruption Commission to have oversight functions in relation to that scheme; and

(ii)to replace the scheme for making declarations and control orders with a scheme for making serious crime prevention orders; and

(iii)to prohibit the public display of the insignia of certain organisations; and

(iv)to prohibit adult members of certain organisations from entering certain areas at Victorian Government worksites; and

(b)to make consequential 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 25 August 2025, it comes into operation on that day.

3Principal Act

In this Act the Criminal Organisations Control Act 2012 is called the Principal Act.

PART 2—UNLAWFUL ASSOCIATION

Division 1—Meaning of associate with

4Definitions

In section 3(1) of the Principal Act, for the definition of associate with substitute—

"associate with has the meaning given by section 4;".

5New section 4 inserted

After section 3 of the Principal Act insert—

"4   Meaning 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.".

6Association with individuals convicted of serious criminal offences prohibited

(1)In section 124A(1) of the Principal Act—

(a)for "specified individual)—" substitute "specified individual).";

(b)paragraphs (a) and (b) are repealed.

(2)In section 124A(3) and (4) of the Principal Act omit "on an occasion as set out in that subsection".

Division 2—Meaning of family member

7Definitions

In section 3(1) of the Principal Act, for the definition of family member substitute—

"family member has the meaning given by section 5A;".

8New section 5A inserted

After section 5 of the Principal Act insert—

"5A   Meaning 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.".

Division 3—Exceptions to unlawful association offence

9Association with individuals convicted of serious criminal offences prohibited—emergency services volunteers

(1)After section 124A(4)(b) of the Principal Act insert—

"(ba)in the course of doing any of the following while acting as a volunteer—

(i)providing services or performing work in respect of the response to or mitigation of emergencies;

(ii)otherwise performing a role or discharging a responsibility of an agency in accordance with the state emergency management plan;

(iii)training to do a thing, or practising doing a thing, referred to in subparagraph (i) or (ii);

(iv)being on active standby duty;

(bb)travelling to or from a place for the purpose of doing a thing referred to in paragraph (ba);".

(2)In section 124A(5) of the Principal Act insert the following definitions—

"active standby duty has the same meaning as in the Emergency Management Act 1986;

agency has the same meaning as in the Emergency Management Act 1986;

emergency has the same meaning as in the Emergency Management Act 2013;

mitigation has the same meaning as in the Emergency Management Act 2013;

response has the same meaning as in the Emergency Management Act 2013;

state emergency management plan has the same meaning as in the Emergency Management Act 2013;".

10Association with individuals convicted of serious criminal offences prohibited—welfare services

(1)In section 124A(4)(c) of the Principal Act, for "health service;" substitute "health service (including a service specified in subsection (4A) that is also a health service);".

(2)After section 124A(4)(c) of the Principal Act insert—

"(ca)while either or both of them are being provided a service specified in subsection (4A);".

(3)After section 124A(4) of the Principal Act insert—

"(4A)The following services are specified for the purposes of subsection (4)(ca)—

(a)drug and alcohol treatment services, including rehabilitation services;

(b)services of assistance in relation to—

(i)housing (including services for emergency housing and crisis accommodation); or

(ii)financial matters;

(c)services of assistance for homeless persons;

(d)services of assistance for victims of family violence;

(e)services to address the perpetration of family violence, including services that work with perpetrators to change their behaviour;

(f)any other welfare services, including welfare services involving the supply of food.".

11Association with individuals convicted of serious criminal offences prohibited—Aboriginal and Torres Strait Islander cultural practices and obligations

Before section 124A(5) of the Principal Act insert—

"(4B)Subsection (1) does not apply if—

(a)the individual served with an unlawful association notice—

(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; and

(b)the association occurs in the course of the individual—

(i)engaging in a cultural practice; or

(ii)performing a cultural obligation; and

(c)the association is not for an ulterior purpose.".

12Content of unlawful association notices

In section 124F(b)(ii) of the Principal Act, for "124A(3) and (4);" substitute "124A(3), (4) and (4B);".

Division 4—Eligible offenders and applicable offences

13Definitions

(1)In section 3(1) of the Principal Act, in the definition of applicable offence—

(a)in paragraph (a), for "5 years" substitute "10 years";

(b)for paragraph (b) substitute—

"(b)an offence specified in an item of Schedule 1; or

Note

See also section 10.";

(c)in paragraph (c), after "(b);" insert "or";

(d)after paragraph (c) insert—

"(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);".

(2)In section 3(1) of the Principal Act, the definition of convicted offender is repealed.

(3)In section 3(1) of the Principal Act insert—

"eligible offender has the meaning given by section 5;".

14Section 5 substituted

For section 5 of the Principal Act substitute—

"5   Meaning 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.".

15Section 10 amended

(1)In the heading to section 10 of the Principal Act, for "the Schedule" substitute "Schedule 1".

(2)In section 10 of the Principal Act—

(a)for "the Schedule" substitute "Schedule 1";

(b)after "reference to" insert "an offence against".

16Issue of unlawful association notice

(1)In section 124D(1)(a) of the Principal Act, for "an individual convicted of an applicable offence tried on indictment (a convicted offender);" substitute "an eligible offender;".

(2)For section 124D(2) of the Principal Act substitute—

"(2)For the purposes of subsection (1), it does not matter whether the association referred to in subsection (1)(a) occurred before the commencement of this section.".

(3)In section 124D(3) of the Principal Act, for "convicted offender" substitute "eligible offender".

17Further related unlawful association notices

(1)In section 124E(2) and (4) of the Principal Act, for "convicted offender" substitute "eligible offender".

(2)In section 124E(5) of the Principal Act, for "a convicted offender" substitute "an eligible offender".

18Schedule substituted

For the Schedule to the Principal Act substitute—

"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).".

Division 5—Internal review of unlawful association notice decisions

19Definitions—Part 1

In section 3(1) of the Principal Act insert the following definition—

"related unlawful association notice has the meaning given by section 8B;".

20New section 8B inserted

Before section 9 of the Principal Act insert—

"8B   Meaning 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).".

21Definitions—Division 3 of Part 5A

In section 124L of the Principal Act—

(a)in the definition of original decision maker, for "section 124M;" substitute "section 124M(1) or (4);";

(b)the definition of reviewable decision is repealed;

(c)in the definition reviewing officer omit "senior".

22Section 124M substituted

For section 124M of the Principal Act substitute—

"124M   Application for internal review

(1)An individual on whom an unlawful association notice is served may apply to the Chief Commissioner for a review of the decision to issue the notice.

(2)The individual may apply for a review of the decision to issue the notice even if the notice has since been amended.

(3)An application under subsection (1) must be made within the applicable period after—

(a)if the notice has been amended, the individual was served the amended unlawful association notice; or

(b)otherwise, after the individual was served the unlawful association notice.

(4)Additionally, an individual on whom an amended unlawful association notice is issued under section 124J may apply to the Chief Commissioner for a review of the decision to amend the notice.

(5)An application under subsection (4) must be made within the applicable period after the individual was served the amended unlawful association notice.

(6)An application under subsection (1) or (4) must be in the form approved (in writing) by the Chief Commissioner.

(7)In this section, the applicable period within which an application under subsection (1) or (4) must be made is—

(a)28 days; or

(b)if the period for making that application has been extended under section 124MA(3), 56 days.".

23New section 124MA inserted

After section 124M of the Principal Act insert—

"124MA   Chief Commissioner may extend time within which an application for internal review may be made

(1)An individual on whom either an unlawful association notice or an amended unlawful association notice is served may apply to the Chief Commissioner for an extension of the period within which the individual may apply for a review under section 124M(1) or (4).

(2)An application under subsection (1) must be made within 28 days after the date on which the unlawful association notice or amended unlawful association notice is served on the individual.

(3)On an application under subsection (1), the Chief Commissioner must, subject to subsection (4), extend the period within which the individual may apply for a review under section 124M(1) or (4).

(4)The Chief Commissioner must not extend a period that the Chief Commissioner has already extended.

(5)The Chief Commissioner may extend a period before or after it expires.".

24Decision on internal review

(1)In section 124N(1) of the Principal Act—

(a)for "section 124M," substitute "section 124M(1) or (4),";

(b)omit "senior";

(c)for "reviewable decision." substitute "decision in respect of which the application is made.".

(2)In section 124N(2)(a) of the Principal Act, for "reviewable decision;" substitute "decision referred to in subsection (1);".

(3)For section 124N(2)(b) of the Principal Act substitute—

"(b)must be of a rank that is—

(i)the same as, or above, the rank of the original decision maker; and

(ii)not lower than the rank of inspector.".

(4)In section 124N(4) of the Principal Act, for "decision under subsection (3)" substitute "fresh decision".

(5)For section 124N(6) of the Principal Act substitute—

"(6)As soon as practicable after making the fresh decision, the reviewing officer must cause a notice containing the material specified in subsection (7) to be served on—

(a)the applicant; and

(b)each person specified in the unlawful association notice.

Note

For service, see Division 2 of Part 6.

(7)The material to be contained in the notice is—

(a)a statement of the fresh decision; and

(b)the reviewing officer's reasons for the fresh decision.".

25Amendment of unlawful association notice following review

(1)After section 124O(2) of the Principal Act insert—

"(2A)Additionally—

(a)the reviewing officer must review each related unlawful association notice and decide whether, in light of the amendment referred to in subsection (1)(b), any of these notices is to be amended; and

(b)if the officer decides that a related unlawful association notice is to be amended, the officer must—

(i)issue an amended unlawful association notice; and

(ii)cause the amended notice to be served on the individual on whom the related unlawful association notice was served as soon as practicable after the decision.

Note

For service, see Division 2 of Part 6.".

(2)In section 124O(3) of the Principal Act, after "amended unlawful association notice" insert "issued under subsection (2)(a) or (2A)(b)(i)".

26Revocation of unlawful association notice following review

Section 124P(6) of the Principal Act is repealed.

27Application for internal review does not stay effect of unlawful association notice

In section 124Q of the Principal Act—

(a)for "section 124M" substitute "section 124M(1) or (4)";

(b)after "issued" insert "or amended";

(c)for "that section." substitute "that provision.".

Division 6—Oversight by the IBAC

28Definitions

In section 3(1) of the Principal Act insert the following definitions—

"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;

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;

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;

member of Victoria Police personnel 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;

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;".

29New Division 4 of Part 5A inserted

After Division 3 of Part 5A of the Principal Act insert—

"Division 4—Oversight by the IBAC

Subdivision 1—Functions and powers of the IBAC

124RFunctions of the IBAC

The IBAC has the following functions under this Division—

(a)to monitor—

(i)the exercise of powers conferred on the Chief Commissioner and other members of Victoria Police personnel by the unlawful association provisions; and

(ii)the performance of the duties and functions conferred on the Chief Commissioner and other members of Victoria Police personnel by the unlawful association provisions;

(b)to monitor the content of, and compliance with, police procedures regarding unlawful association;

(c)to monitor the impact of the scheme for which this Part provides, including the impact of—

(i)the unlawful association provisions; and

(ii)police procedures regarding unlawful association—

on persons referred to in section 124ZD(3)(c)(iv);

(d)to receive and consider reports given by the Chief Commissioner under this Division;

(e)to periodically review certain decisions relating to unlawful association notices;

(f)to report to the Attorney-General on various matters related to the unlawful association provisions.

124SIBAC may request or require answers, documents and information

(1)For the purpose of performing the IBAC's functions under this Division, the IBAC—

(a)may request a member of Victoria Police personnel to do any of the following—

(i)answer a question;

(ii)produce a document to the IBAC;

(iii)give information to the IBAC; and

(b)may give a member of Victoria Police personnel a written direction requiring the member to do a thing referred to in paragraph (a) within a time specified in the direction.

Note

See sections 124ZF, 124ZG, 124ZH and 124ZI in relation to a requirement under this subsection.

(2)Within 3 days after giving a direction under subsection (1)(b), the IBAC must give a copy of the direction to Integrity Oversight Victoria.

124TPowers of entry and inspection

After notifying the Chief Commissioner of the intended entry, the IBAC may—

(a)at any time, enter premises occupied by Victoria Police; and

(b)at any time, access, inspect or copy a document that relates to the scheme for which this Part provides; and

(c)do anything that it is necessary or convenient to do to enable the IBAC to exercise a power referred to in paragraph (a) or (b).

124UThe IBAC may recommend that Chief Commissioner take action

(1)If, in the course of the performance of its functions under this Division, the IBAC considers that it would be appropriate for the Chief Commissioner to take a certain action, the IBAC may give the Chief Commissioner a written recommendation to take that action.

(2)The Chief Commissioner must give a written response to the IBAC's recommendation within 45 days after receiving the recommendation.

(3)The written response must set out—

(a)whether the Chief Commissioner accepts the recommendation; and

(b)the reasons for accepting, or not accepting, the recommendation.

(4)If the Chief Commissioner accepts the recommendation, the Chief Commissioner must take the recommended action within a reasonable time.

Subdivision 2—Review of unlawful association notices

124VThe IBAC must review notices every quarter

(1)As soon as possible after the end of each quarter of each year, the IBAC must conduct a review, in accordance with this Subdivision, of the unlawful association notices that were in effect at any time during that quarter.

(2)For the purposes of subsection (1), the quarters of a year are—

(a)the period of 3 months beginning on 1 January; and

(b)each subsequent period of 3 months.

124WReview may be of only a proportion of notices

(1)The IBAC must decide whether a review under section 124V is to be a review of only a proportion of the unlawful association notices referred to in that section that were in effect at any time during the period under review.

(2)If the IBAC decides to review only a proportion of those unlawful association notices, the IBAC must—

(a)select the unlawful association notices to be reviewed; and

(b)give the Chief Commissioner a written notice identifying those notices.

(3)In selecting unlawful association notices under subsection (2)(a), the IBAC—

(a)must have regard to—

(i)the number of notices that were in effect at any time during the period under review; and

(ii)the need for the selected notices to constitute a representative sample of the notices that were in effect at any time during the period under review; and

(iii)the need for the selection of the notices to enable a review that can appropriately scrutinise the operation of the scheme for which this Part provides; and

(iv)the need to detect whether that scheme is operating inappropriately, including by disproportionately affecting Aboriginal persons and Torres Strait Islanders; and

(v)the results of previous reviews in respect of previous periods; and

(vi)relevant risks or issues that have arisen in the course of the exercise of powers under section 124T; and

(b)may have regard to any other matter the IBAC considers relevant.

(4)If the IBAC decides not to review only a proportion of the unlawful association notices in conducting a review under section 124V, the IBAC must give the Chief Commissioner a written notice informing the Chief Commissioner of that decision.

(5)On receiving a written notice under subsection (2)(b) or (4), the Chief Commissioner must allow the IBAC access to all information that relates to the unlawful association notices that are to be reviewed.

124XHow notice is to be reviewed

In conducting a review under section 124V in respect of an unlawful association notice referred to in that section, the IBAC must assess whether the decisions made by members of Victoria Police personnel with respect to that notice (whether during the period under review or otherwise)—

(a)complied with the unlawful association provisions; and

(b)complied with the police procedures regarding unlawful association; and

(c)should have been made in the circumstances.

Subdivision 3—Reports laid before Parliament

124YAnnual report

(1)Subject to section 124ZA, the IBAC must give the Attorney-General a written report in accordance with this section as soon as practicable after the end of each calendar year.

Note

Section 124ZA requires the IBAC to first give an advance copy of the report to the Chief Commissioner, and give the Chief Commissioner a reasonable opportunity to consider whether any information in the report ought to be excluded under subsection (5).

(2)In a report under subsection (1) following a particular year, the IBAC must address the following—

(a)the exercise, during that year, of powers conferred on the Chief Commissioner and other members of Victoria Police personnel by the unlawful association provisions;

(b)the performance, during that year, of the duties and functions conferred on the Chief Commissioner and other members of Victoria Police personnel by the unlawful association provisions;

(c)the impact of the scheme for which this Part provides, including the impact of—

(i)the unlawful association provisions; and

(ii)police procedures regarding unlawful association—

on persons referred to in section 124ZD(3)(c)(iv).

(3)In a report under subsection (1), the IBAC may also address any other matter—

(a)that relates to the IBAC's functions and powers under this Division; and

(b)that the IBAC considers it appropriate to report on.

(4)Without limiting subsection (3), the IBAC may include, in a report under subsection (1)—

(a)the recommendations given under section 124U(1) during the year to which the report relates; and

(b)the responses received under section 124U(3) during that year; and

(c)recommendations to improve the operation of this Part.

(5)The IBAC must exclude information from a report under subsection (1) if satisfied (whether on the advice of the Chief Commissioner under section 124ZA or otherwise) that inclusion of the information in the report could—

(a)prejudice—

(i)a criminal investigation; or

(ii)a criminal proceeding; or

(iii)any other legal proceeding; or

(iv)an investigation, inquiry or other process of an integrity body; or

(b)compromise the operational activities or methodologies of—

(i)an Australian law enforcement agency; or

(ii)an integrity body; or

(iii)an intelligence agency; or

(c)disclose a person's identity or location if it is not in the public interest to do so; or

(d)compromise a person's safety.

124ZSpecial report

(1)Subject to section 124ZA, the IBAC may give the Attorney-General a written report in accordance with this section at any time.

Note

Section 124ZA requires the IBAC to first give an advance copy of the report to the Chief Commissioner, and give the Chief Commissioner a reasonable opportunity to consider whether any information in the report ought to be excluded under subsection (4).

(2)In a report under subsection (1), the IBAC may address the following—

(a)the exercise of powers conferred on the Chief Commissioner and other members of Victoria Police personnel by the unlawful association provisions;

(b)the performance of the duties and functions conferred on the Chief Commissioner and other members of Victoria Police personnel by the unlawful association provisions;

(c)the impact of the scheme for which this Part provides, including the impact of—

(i)the unlawful association provisions; and

(ii)police procedures regarding unlawful association—

on persons referred to in section 124ZD(3)(c)(iv);

(d)a recommendation given under section 124U(1);

(e)a response received under section 124U(3);

(f)any other matter—

(i)that relates to the IBAC's functions and powers under this Division; and

(ii)that the IBAC considers it appropriate to report on.

(3)Without limiting subsection (2)(f), the IBAC may include, in a report under subsection (1), recommendations to improve the operation of this Part.

(4)The IBAC must exclude information from a report under subsection (1) if satisfied (whether on the advice of the Chief Commissioner under section 124ZA or otherwise) that inclusion of the information in the report could do a thing referred to in section 124Y(5).

124ZAThe IBAC to give advance copy of report to Chief Commissioner

(1)Before the IBAC gives a report to the Attorney-General under section 124Y or 124Z, the IBAC must—

(a)give an advance copy of the report to the Chief Commissioner; and

(b)give the Chief Commissioner a reasonable opportunity to consider whether the report contains any information the inclusion of which could do a thing referred to in section 124Y(5).

(2)The Chief Commissioner must advise the IBAC of any information in the report if, in the opinion of the Chief Commissioner, the inclusion of that information could do a thing referred to in section 124Y(5).

124ZBReport to be laid before Parliament

The Attorney-General must cause a report that is given by the IBAC under section 124Y or 124Z to be laid before each House of the Parliament within 14 sitting days of that House after receiving the report.

Subdivision 4—Record keeping and reporting by Chief Commissioner

124ZCChief Commissioner to keep records

(1)The Chief Commissioner must take all reasonable steps to ensure that the following records are kept—

(a)a record of each decision to issue an unlawful association notice, including the reasons for each decision;

(b)a record of each unlawful association notice issued;

(c)a record of how and when each unlawful association notice that was issued was served;

(d)a record of each decision under section 124E(3), including a record of the exceptional circumstances on which the decision was based;

Note

Section 124E(3) provides that a senior police officer who would otherwise be required to issue a further related unlawful association notice under section 124E(2) is not required to do so if the officer considers that certain exceptional circumstances exist.

(e)a record of each decision made on an internal review under section 124N(3), including the reasons for each decision;

(f)any document that relates to an unlawful association notice and that was provided by or on behalf of the individual in respect of whom the notice was issued;

(g)all police procedures regarding unlawful association;

(h)the prescribed records (if any).

(2)Additionally, the Chief Commissioner must take all reasonable steps to ensure that the following documents are kept—

(a)each document containing information on which a decision to issue an unlawful association notice was based;

(b)each document containing information on which a decision under section 124E(3) was based;

(c)each document containing information on which a decision under section 124N(3) was based.

(3)It is sufficient compliance with subsection (1) or (2) if a copy of a document is kept.

124ZDChief Commissioner must report on unlawful association notices

(1)As soon as possible after the end of each quarter of each year, the Chief Commissioner must give the IBAC a written report in respect of that quarter in accordance with this section.

(2)For the purposes of subsection (1), the quarters of a year are—

(a)the period of 3 months beginning on 1 January; and

(b)each subsequent period of 3 months.

(3)A report in respect of a particular quarter must set out the following information—

(a)the number of unlawful association notices issued under section 124D(1) during that quarter;

(b)the number of unlawful association notices issued under section 124E(2) during that quarter;

(c)in relation to each unlawful association notice issued during that quarter—

(i)whether it was issued under section 124D(1) or 124E(2); and

(ii)the day on which the notice came into effect; and

(iii)the name, age, gender and ethnicity of the individual in respect of whom the notice was issued; and

(iv)whether the individual in respect of whom the notice was issued—

(A)is identified as an Aboriginal person or a Torres Strait Islander in records held by Victoria Police; or

(B)was a homeless person (within the meaning of the Magistrates' Court Act 1989) at the time the notice was served; or

(C)is a victim of family violence within the meaning of the Family Violence Protection Act 2008; or

(D)has a cognitive, mental or physical impairment; and

(v)whether an application has been made under section 124M for internal review in respect of the notice (and if so, the outcome of each application); and

(vi)whether an application has been made under section 124MA for an extension of time within which an application for internal review may be made (and if so, the outcome of each application);

(d)the number of unlawful association notices that were amended under each of the following provisions during that quarter—

(i)section 124J;

(ii)section 124KA(1)(b)(i);

(iii)section 124O(2);

(iv)section 124O(2A)(b)(i);

(e)the number of unlawful association notices that were revoked under each of the following provisions during that quarter—

(i)section 124K(1);

(ii)section 124K(2);

(iii)section 124KA(1)(c);

(iv)section 124P(2);

(v)section 124P(3);

(f)the number of applications made during that quarter under section 124M for an internal review;

(g)the number of applications made during that quarter under section 124MA for an extension of time within which an application for internal review may be made;

(h)the number of unlawful association notices that, during that quarter—

(i)were held to be invalid by a court; or

(ii)were otherwise rendered unenforceable by a decision of a court;

(i)the number of unlawful association notices that are currently the subject of applications for judicial review that have not yet been determined;

(j)the number of decisions under section 124E(3) during that quarter, including a record of the exceptional circumstances on which each decision was based;

Note

Section 124E(3) provides that a senior police officer who would otherwise be required to issue a further related unlawful association notice under section 124E(2) is not required to do so if the officer considers that certain exceptional circumstances exist.

(k)the number of persons charged with an offence against section 124A(1) during that quarter;

(l)in relation to each charge referred to in paragraph (i)—

(i)the name, age, gender and ethnicity of the accused; and

(ii)whether the accused—

(A)is identified as an Aboriginal person or a Torres Strait Islander in records held by Victoria Police; or

(B)was a homeless person within the meaning of the Magistrates' Court Act 1989 when charged; or

(C)is a victim of family violence within the meaning of the Family Violence Protection Act 2008; or

(D)had a cognitive, mental or physical impairment when charged; and

(iii)if there has been an outcome in respect of the charge (including because it has been withdrawn or the prosecution for the charge has been discontinued), details of that outcome; and

(iv)if the charge was withdrawn or discontinued—

(A)the reason for the withdrawal or discontinuance; and

(B)the amount of time between the offence being charged and the charge being withdrawn or discontinued; and

(v)if there has not yet been an outcome in respect of the charge, details of the stage that the proceeding in respect of the charge has reached;

(m)if the IBAC has notified the Chief Commissioner under subsection (4) that additional information is required, that information;

(n)the prescribed information (if any).

(4)If the IBAC considers that it would be assisted in the performance of its functions under this Division if additional information were included in a report under subsection (1), the IBAC may give the Chief Commissioner a written notice identifying that information.

(5)A written notice under subsection (4)—

(a)may identify the additional information either by specifying the information itself or a class of information; and

(b)may specify that it applies only in relation to the report in respect of a particular period.

Subdivision 5—Offences

124ZEOffence to hinder or obstruct an IBAC officer

A person must not, without reasonable excuse, hinder or obstruct an IBAC Officer who is performing a function of the IBAC, or exercising a power of the IBAC, under this Division.

Penalty:120 penalty units or imprisonment for 12 months or both.

124ZFCompliance with direction or requirement

A person must not, without reasonable excuse, refuse or fail to comply with a direction or requirement made of the person in the exercise, by an IBAC Officer, of a power of the IBAC under this Division.

Penalty:120 penalty units or imprisonment for 12 months or both.

124ZGStatement which is false or misleading

A person must not wilfully make a statement that the person knows to be false or misleading in a material particular or mislead or attempt to mislead the IBAC, or an IBAC Officer, in the exercise of a power of the IBAC under this Division.

Penalty:120 penalty units or imprisonment for 12 months or both.

Subdivision 6—Miscellaneous

124ZHPrivilege against self-incrimination abrogated

(1)A person is not excused from giving any answer, document or information in response to a direction, requirement or request under this Division on the ground that the giving of the answer, document or information might tend to incriminate the person or make the person liable to a penalty.

(2)Any answer, document or information given in response to a direction, requirement or request under this Division is not admissible in evidence against the person giving the information, document or answer before any court or person acting judicially, except in—

(a)a proceeding for perjury or giving false information; or

(b)a proceeding for a breach of discipline, within the meaning of the Victoria Police Act 2013, by a member of Victoria Police personnel; or

(c)a disciplinary process or action within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011.

(3)Any evidence obtained as a direct or indirect consequence of any answer, document or information given in response to a direction, requirement or request under this Division is not admissible against the person giving the answer, document or information in a criminal proceeding or a proceeding for the imposition of a penalty brought against that person.

124ZICertain other immunities and privileges abrogated

(1)If the Chief Commissioner, or another member of Victoria Police personnel, is directed, required or requested under this Division to give any answer, document or information to the IBAC—

(a)that person is not entitled to assert public interest immunity, legal professional privilege or client legal privilege in response to that direction, requirement or request; and

(b)that immunity and those privileges are each abrogated to the extent of that direction, requirement or request; and

(c)every obligation on that person to maintain secrecy, or any other restriction on the disclosure of information, imposed by or under an Act or rule of law—

(i)is overridden; and

(ii)does not oblige that person not to comply with the direction, requirement or request.

(2)A member of Victoria Police personnel is not subject to any criminal, civil, administrative or disciplinary proceeding or action only because the member has not maintained secrecy or complied with a restriction on the disclosure of information in the circumstances referred to in subsection (1).

(3)This section does not apply to information, documents and answers that are subject to Cabinet confidentiality.

124ZJChief Commissioner to ensure the IBAC is given reasonable assistance

(1)The Chief Commissioner must give the IBAC any assistance that the IBAC reasonably requires to enable the IBAC to perform the IBAC's functions under this Division.

(2)The Chief Commissioner must ensure that every member of Victoria Police personnel gives the IBAC any assistance that the IBAC reasonably requires to enable the IBAC to perform the IBAC's functions under this Division.

124ZKChief Commissioner to notify the IBAC of certain notices and applications

The Chief Commissioner must notify the IBAC if—

(a)an unlawful association notice is issued in respect of a member of Victoria Police personnel; or

(b)an application is made for a serious crime prevention order in respect of a member of Victoria Police personnel.

124ZLExemption from Freedom of Information Act 1982

(1)The Freedom of Information Act 1982 does not apply to a document that is in the possession of any person or body to the extent to which the document discloses information that relates to the performance of the duties and functions or the exercise of the powers of the IBAC under this Division.

(2)In this section—

document has the same meaning as in the Freedom of Information Act 1982.

124ZMNon-production of documents and other things in applicable proceeding, process or action

(1)A protected person is not compellable to produce, or permit inspection of, any document or other thing in any applicable proceeding, process or action if—

(a)the protected person has created the document or thing in the performance of the duties and functions or the exercise of the powers of the protected person or the IBAC under this Division; or

(b)the document or thing has come into the protected person's possession or control in the performance of the duties and functions or the exercise of the powers of the protected person or the IBAC under this Division.

(2)A written certificate of the IBAC that a document or thing is a document or thing to which subsection (1)(a) or (b) applies is evidence of that fact.

(3)In this section—

applicable proceeding, process or action means—

(a)any legal proceeding other than a criminal proceeding; or

(b)any proceeding of any tribunal, authority or other person having power to require the production of documents or the answering of questions, other than Integrity Oversight Victoria; or

(c)any disciplinary process or action;

protected person has the same meaning as in section 45 of the Independent Broad‑based Anti-corruption Commission Act 2011.".

Division 7—Other amendments

30Purposes

For section 1(ba) of the Principal Act substitute—

"(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".

31Issue of unlawful association notice—change in test to be applied

(1)In section 124D(1) of the Principal Act omit "reasonably believes that".

(2)In section 124D(1)(a) of the Principal Act, before "the individual" insert "believes on reasonable grounds that".

(3)For section 124D(1)(b) of the Principal Act substitute—

"(b)is satisfied on reasonable grounds that preventing those individuals from associating with each other is likely—

(i)to prevent or inhibit the establishment, maintenance or expansion of a criminal group or a criminal network; and

(ii)thereby to prevent or inhibit criminal activity; and

(c)is satisfied on reasonable grounds that the issue of the notice is appropriate in all the circumstances.".

(4)After section 124D(2) of the Principal Act insert—

"(2A)In determining, under subsection (1)(c), whether the issue of the notice is appropriate in all the circumstances, the senior police officer must have regard to—

(a)in relation to each offence by reason of which, under section 5, the eligible offender is an eligible offender—

(i)the nature and gravity of the offence; and

(ii)the time that has passed since the offence; and

(b)whether the behaviour of the eligible offender indicates that the eligible offender is involved in a criminal group or a criminal network (and, if so, the extent of that involvement); and

(c)whether the obligations that apply as a result of the issue of the notice are proportionate to the end in pursuit of which the notice is to be issued (as described in subsection (1)(b)(i) and (ii)); and

(d)any other relevant matter.

Note

See also section 38 of the Charter of Human Rights and Responsibilities, which makes it unlawful for a public authority to act in a way that is incompatible with a human right or, in making a decision, to fail to give proper consideration to a relevant human right.".

32New section 124DA inserted

After section 124D of the Principal Act insert—

"124DA   Senior police officer must ask whether individual is an Aboriginal person or a Torres Strait Islander

(1)Subject to subsection (3), the senior police officer who issues an unlawful association notice in respect of an individual must—

(a)inform the individual that the officer must ask the individual whether they are an Aboriginal person or a Torres Strait Islander; and

(b)inform the individual that the reason for asking the question is to ensure that Victoria Police complies with its legal obligation to accurately report on the issue of unlawful association notices in respect of Aboriginal persons and Torres Strait Islanders; and

(c)then ask the individual whether the individual is an Aboriginal person or a Torres Strait Islander.

(2)The senior police officer must give that information and ask that question at the time of issuing the unlawful association notice.

(3)The senior police officer is not required to give that information and ask that question if—

(a)the officer already has information from which it is reasonable to believe that the individual is an Aboriginal person or a Torres Strait Islander; or

Example

A record, on a computerised database maintained for the purposes of Victoria Police, that identifies the person as Aboriginal or a Torres Strait Islander.

(b)the individual has already stated to the officer that they are an Aboriginal person or a Torres Strait Islander.".

33Content of unlawful association notice

(1)For section 124F(b)(iii) of the Principal Act substitute—

"(iii)a statement to the effect that an individual served with an unlawful association notice—

(A)may apply under Division 3 for an internal review of the decision to issue the notice, or a decision to amend it; and

(B)may apply under section 124JA(1) for revocation of the notice; and".

(2)In section 124F(a)(v) of the Principal Act—

(a)for "3 years" substitute "2 years";

(b)for "served" substitute "issued".

34Duration of an unlawful association notices

In section 124H of the Principal Act—

(a)for "3 years" substitute "2 years";

(b)for "section 124K" substitute "section 124K, 124KA".

35New section 124JA inserted

After section 124J of the Principal Act insert—

"124JA   Application for revocation of unlawful association notice

(1)An individual on whom an unlawful association notice is served may apply to the Chief Commissioner for revocation of the notice.

(2)On receiving an application under subsection (1), the Chief Commissioner must appoint a police officer to determine the application.

(3)A police officer appointed under subsection (2)—

(a)must not be the senior police officer who issued the unlawful association notice or have been substantially involved in the making of the decision to issue the notice; and

(b)must be of a rank that is—

(i)the same as, or above, the rank of the senior police officer who issued the notice; and

(ii)not lower than the rank of inspector.".

36Section 124K substituted

For section 124K of the Principal Act substitute—

"124K   Revocation of unlawful association notice

(1)On an application under section 124JA(1), the senior police officer appointed under section 124JA(2)—

(a)may revoke the unlawful association notice to which the application relates if satisfied that—

(i)there has been a substantial change in circumstances since the unlawful association notice was issued; and

(ii)because of that change, the basis for the notice having been served no longer applies; or

(b)may also revoke the unlawful association notice if satisfied that it is otherwise appropriate to do so; or

Example

The senior police officer may be satisfied that it is appropriate to revoke the unlawful association notice on compassionate grounds, such as because the individual has a terminal illness.

(c)may refuse the application if not satisfied as described in paragraph (a) or (b).

(2)Additionally, a senior police officer may revoke an unlawful association notice without an application under section 124JA(1).

(3)A senior police officer who revokes an unlawful association notice under subsection (1) or (2) is to do so by written notice in accordance with section 124KB.

(4)As soon as practicable after a senior police officer decides, on an application under section 124JA(1), not to revoke the unlawful association notice to which the application relates, the senior police officer must cause a notice containing the following material to be served on the applicant—

(a)a statement of the decision not to revoke the notice; and

(b)the senior police officer's reasons for deciding not to revoke the notice.".

37New sections 124KA, 124KB and 124KC inserted

After section 124K of the Principal Act insert—

"124KA   Review of related unlawful association notices on revocation

(1)On deciding to revoke an unlawful association notice under section 124K(1) or (2)—

(a)the senior police officer must review each related unlawful association notice and decide whether, in light of the revocation, any of these notices is to be amended or revoked; and

(b)if the senior police officer decides that a related unlawful association notice is to be amended, the officer must—

(i)issue an amended unlawful association notice; and

(ii)cause the amended notice to be served on the individual on whom the related unlawful association notice was served as soon as practicable after the decision; and

Note

For service, see Division 2 of Part 6.

(c)if the senior police officer decides that a related unlawful association notice is to be revoked, the officer must revoke the related unlawful association notice.

(2)An amended unlawful association notice issued under subsection (1)(b)(i) must specify and include the things required under section 124F with the necessary amendments.

(3)The period of effect of an unlawful association notice does not change because of the amendments made to it under subsection (1)(b)(i).

(4)A senior police officer who revokes a related unlawful association notice under subsection (1) must do so by written notice in accordance with section 124KB.

124KBNotice of revocation of unlawful association notice

(1)A notice under section 124K(3) or 124KA(4) must specify—

(a)the name and address of the individual on whom the revoked unlawful association notice was served; and

(b)appropriate details that identify the revoked unlawful association notice; and

(c)the name, rank and place of duty of the senior police officer issuing the notice, or an identifying reference of that officer; and

(d)the date on which the notice is issued.

(2)As soon as practicable after deciding to revoke an unlawful association notice under section 124K(1) or (2) or section 124KA(1)(c), the senior police officer must cause the notice under that subsection to be served on the individual on whom the unlawful association notice had been served.

Note

For service, see Division 2 of Part 6.

124KCApplication for revocation does not stay effect of unlawful association notice

An application under section 124JA(1) for the revocation of an unlawful association notice does not stay the effect of the notice.".

PART 3—REPLACING DECLARATIONS AND CONTROL ORDERS WITH SERIOUS CRIME PREVENTION ORDERS

38Purposes

(1)For section 1(a) of the Principal Act substitute—

"(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".

(2)In section 1(b) of the Principal Act, for "declarations and control orders" substitute "serious crime prevention orders".

39Definitions—Part 1

(1)In section 3(1) of the Principal Act, the definitions of appropriate place, associate, carry on a business, control order, corresponding control order, corresponding declaration, criminal history, criminal purpose, declaration, declared individual, declared organisation, declared organisation member, incorporated association, incorporated associations Registrar, Prothonotary, registered corresponding control order, registered corresponding declaration, related organisation and related organisation member are repealed.

(2)In section 3(1) of the Principal Act, in the definition of Court, for "Supreme Court;" substitute "County Court;".

(3)In section 3(1) of the Principal Act, for the definition of corresponding order substitute—

"corresponding order means an order made under a provision of a law of another jurisdiction that is prescribed for the purposes of this definition;".

(4)In section 3(1) of the Principal Act insert the following definitions—

"County Court registrar means the registrar of the County Court;

financial institution has the same meaning as in the Confiscation Act 1997;

registered corresponding order means a corresponding order registered under section 101;

serious crime prevention order means an order under section 16(1);".

(5)Section 3(2) of the Principal Act is repealed.

40Section 9 substituted

For section 9 of the Principal Act substitute—

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.".

41Part 2 substituted

For Part 2 of the Principal Act substitute—

"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)The police officer in charge of the police station at which the seized thing is kept must give notice under this section to each person whose status as a relevant person can be discerned from the records of Victoria Police.

(3)Notice under this section must—

(a)be in writing; and

(b)inform the person to whom it is given—

(i)that the person has a right to collect the seized thing; and

(ii)that the thing will be forfeited to the Crown if not collected.

(4)Notice under this section must be given as soon as practicable after the police officer referred to in that section identifies the person as a relevant person.

(5)For the purposes of subsection (4), if, at the applicable time, Victoria Police has no record of who the owner of the thing is, the Chief Commissioner must ensure that a police officer takes reasonable steps to identify the owner.

(6)The police officer in charge of the police station at which the seized thing is kept must allow a relevant person to either—

(a)attend that police station and collect the thing; or

(b)have another person attend and collect the thing on the relevant person's behalf.

124ZZForfeiture of seized thing that is not collected

(1)If a seized thing that becomes eligible for collection under section 124ZX is not collected before the time specified in subsection (2), the thing is forfeited to the Crown at that time.

(2)The time at which the seized thing is to be forfeited is—

(a)if at least one relevant person was given notice under section 124ZY, 3 months after the last relevant person received that notice; or

(b)if no relevant person was given notice under section 124ZY, 4 months after the time at which the seized thing became eligible for collection under section 124ZX.

(3)Subject to subsection (4), the Minister may direct that a thing forfeited to the Crown under subsection (1) is to be disposed of in any manner the Minister thinks fit.

(4)If a thing is sold under subsection (3), the proceeds of the sale must be paid into the Consolidated Fund.

124ZZAForfeiture of seized thing that is not a motor vehicle

(1)This section applies in relation to a thing that—

(a)bears a mark the public display of which constituted an offence against section 124ZN; and

(b)is not a motor vehicle; and

Note

If the thing is a motor vehicle, see section 124ZZB.

(c)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), the court may, on application by a police officer, order that the thing is forfeited to the Crown.

(3)Subject to subsection (4), the Minister may direct that a thing forfeited to the Crown under subsection (2) is to be disposed of in any manner the Minister thinks fit.

(4)The Minister must not dispose of a thing under subsection (3) unless—

(a)an appeal in relation to the offence has been abandoned or finally determined; or

(b)the period in which such an appeal may be commenced has elapsed without an appeal having been commenced.

(5)If a thing is sold under subsection (3), the proceeds of the sale must be paid into the Consolidated Fund.

124ZZBForfeiture of seized motor vehicle

(1)This section applies in relation to a motor vehicle that—

(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

124ZZCRegulations

(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.'.

94Definitions—Division 1 of Part 6

In section 125 of the Principal Act, for the definition of specified section substitute—

"specified section means section 77(1), 83(1), 84(1), 85(2), 124ZN, 124ZS or 124ZU(1).".

PART 5—EXCLUSION OF MEMBERS OF CERTAIN ORGANISATIONS FROM VICTORIAN GOVERNMENT WORKSITES

95Purposes

Before section 1(c) of the Principal Act insert—

"(bc)to prohibit adult members of certain organisations from entering into Victorian Government worksites; and".

96Definitions

(1)In section 3(1) of the Principal Act insert the following definitions—

"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).

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).".

(2)In section 3(1) of the Principal Act, in the definition of member, in paragraph (d), for "an individual" substitute "except in Part 5C, an individual".

(3)In section 3(1) of the Principal Act, in the definition of Victoria Police, for "2013." substitute "2013;".

97Intention of Parliament that exercise of powers under this Act not diminish certain rights

(1)In section 11 of the Principal Act, for "It is the intention of the Parliament" substitute "Subject to subsection (2), it is the intention of the Parliament".

(2)At the end of section 11 of the Principal Act insert—

"(2)Subsection (1) has no application in relation to Part 5C.".

98New Part 5C inserted

Before Part 6 of the Principal Act insert—

"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

(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;

works has the same meaning as in the Major Transport Projects Facilitation Act 2009.

124ZZERegulations

(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—OTHER AMENDMENTS TO PRINCIPAL ACT

Division 1—Serious criminal activity

99Definitions

(1)In section 3(1) of the Principal Act insert the following definition—

"involved, in relation to serious criminal activity, has the meaning given by section 5C;".

(2)In section 3(1) of the Principal Act, for the definition of serious criminal activity substitute—

"serious criminal activity has the meaning given by section 9A;".

100New section 5C inserted

Before section 6 of the Principal Act insert—

"5C   Meaning 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.".

101New section 9A inserted

After section 9 of the Principal Act insert—

"9A   Meaning 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.".

Division 2—Miscellaneous amendments

102References to Legal Profession Act 2004

(1)In section 3(1) of the Principal Act, in the definition of lawyer, for "Legal Profession Act 2004" substitute "Legal Profession Uniform Law (Victoria)".

(2)In section 71(2) of the Principal Act, for "Legal Profession Act 2004" substitute "Legal Profession Uniform Law (Victoria)".

(3)In section 79(2) of the Principal Act, for "Legal Profession Act 2004" substitute "Legal Profession Uniform Law (Victoria)".

103Repeal of outdated references to Supreme Court Act 1986

(1)Section 73(6) of the Principal Act is repealed.

(2)Section 74(4) of the Principal Act is repealed.

(3)Section 81(6) of the Principal Act is repealed.

(4)Section 82(4) of the Principal Act is repealed.

104Gendered language

(1)In section 3(1) of the Principal Act, in paragraph (c) of the definition of member omit "himself or herself".

(2)In section 71(5) of the Principal Act—

(a)in paragraph (a), for "his or her" substitute "their";

(b)in paragraph (b), for "his or her" substitute "their".

(3)In section 73(3)(a) of the Principal Act, for "his or her" substitute "the Chief Commissioner's".

(4)In section 79(8) of the Principal Act—

(a)in paragraph (a), for "his or her" substitute "their";

(b)in paragraph (b), for "his or her" substitute "their".

(5)In section 81(3)(a) of the Principal Act, for "his or her" substitute "the Chief Commissioner's".

(6)In section 84(3)(b) of the Principal Act, for "his or her" substitute "the law enforcement officer's".

(7)In section 85(4)(c) of the Principal Act, for "his or her" substitute "the law enforcement officer's".

(8)In section 125 of the Principal Act—

(a)in the definition of associate—

(i)after "means" insert "a person who is";

(ii)in paragraph (a)—

(A)for "he or she" substitute "the person";

(B)for "his or her" (where twice occurring) substitute "the person's";

(b)in paragraph (a) of the definition of officer—

(i)for "he or she" substitute "the officer";

(ii)for "his or her" (where twice occurring) substitute "the officer's".

(9)In section 128(b) of the Principal Act, for "his or her" substitute "the individual's".

(10)In section 136(1) of the Principal Act, for "he or she" substitute "the Chief Commissioner".

105References to Department of Justice and Community Safety

In section 124A(4)(e)(iii) of the Principal Act, for "Department of Justice and Regulation;" substitute "Department of Justice and Community Safety;".

106References to initial notices

(1)In section 124E(1) of the Principal Act omit "(an initial notice)".

(2)In section 124E(2) of the Principal Act, for "the initial notice." substitute "the notice issued under section 124D(1).".

(3)In section 124E(4) of the Principal Act, for "the initial notice" substitute "the notice under section 124D(1)".

(4)In section 124E(6) of the Principal Act, for "An initial notice" substitute "A notice issued under section 124D(1)".

(5)For section 124J(2)(b) of the Principal Act substitute—

"(b)as soon as practicable after deciding to amend the notice, cause the amended notice to be served on the individual on whom the unlawful association notice referred to in subsection (1) was served.".

(6)For section 124O(2)(b) of the Principal Act substitute—

"(b)as soon as practicable after making the decision, cause the amended notice to be served on the individual on whom the unlawful association notice referred to in subsection (1)(b) was served.".

107Annual report

(1)For section 133(1) of the Principal Act substitute—

"(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)For section 133(4) of the Principal Act substitute—

"(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.".

108Information sharing

In section 134(4) of the Principal Act—

(a)for paragraph (a) substitute—

"(a)an Australian law enforcement agency; or";

(b)paragraphs (b) and (c) are repealed.

109Section 137 repealed

Section 137 of the Principal Act is repealed.

110New section 137A inserted

Before section 138 of the Principal Act insert—

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—

review period 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.".

111Regulations

In section 138(2) of the Principal Act—

(a)for "The regulations—" substitute "Regulations made under this Act—";

(b)in paragraph (b), for "circumstances." substitute "circumstances; and";

(c)after paragraph (b) insert—

"(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.".

112New section 140 inserted

After section 139 of the Principal Act insert—

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.".

PART 7—CONSEQUENTIAL AMENDMENT OF OTHER ACTS

113Firearms Act 1996

(1)In section 3(1) of the Firearms Act 1996—

(a)the definition of declared organisation member is repealed;

(b)in the definition of prohibited person—

(i)paragraph (ca) is repealed;

(ii)in paragraph (cb), for "control order" substitute "serious crime prevention order".

(2)Section 17(2) and (3) of the Firearms Act 1996 are repealed.

(3)Section 20(2) and (3) of the Firearms Act 1996 are repealed.

(4)Section 23(2) and (3) of the Firearms Act 1996 are repealed.

(5)Section 27(2) and (3) of the Firearms Act 1996 are repealed.

(6)Section 29(2) and (3) of the Firearms Act 1996 are repealed.

(7)Section 42(3) and (4) of the Firearms Act 1996 are repealed.

(8)Section 49(2A) and (2B) of the Firearms Act 1996 are repealed.

(9)Section 58A(2A) and (2B) of the Firearms Act 1996 are repealed.

(10)Section 61(2) and (3) of the Firearms Act 1996 are repealed.

(11)Section 73(2) and (3) of the Firearms Act 1996 are repealed.

(12)Section 79(2) and (3) of the Firearms Act 1996 are repealed.

(13)Section 104(1A) and (1B) of the Firearms Act 1996 are repealed.

(14)Section 121A(2A) and (2B) of the Firearms Act 1996 are repealed.

114Major Crime (Investigative Powers) Act 2004

(1)In section 3 of the Major Crime (Investigative Powers) Act 2004, the definitions of declared individual and declared organisation member are repealed.

(2)Section 3AA(3) of the Major Crime (Investigative Powers) Act 2004 is repealed.

(3)Section 5(2A) of the Major Crime (Investigative Powers) Act 2004 is repealed.

115Supreme Court Act 1986

In section 17A(4B) of the Supreme Court Act 1986 omit "3,".

PART 8—REPEAL OF THIS ACT

116Repeal of this Act

This Act is repealed on 25 August 2026.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 29 August 2024

Legislative Council: 12 September 2024

The long title for the Bill for this Act was "A Bill for an Act to amend the Criminal Organisations Control Act 2012 and to make consequential amendments to certain other Acts and for other purposes."