Criminal Organisations Control Regulations 2013 (Vic)
Version No. 002
Criminal Organisations Control Regulations 2013
S.R. No. 34/2013
Version incorporating amendments as at
1 October 2014
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY
1Objective
2Authorising provision
3Commencement
4Definition
PART 2—CORRESPONDING ORDERS
5Corresponding control orders
6Corresponding declarations
PART 3—PRESCRIBED FORMS
7Notice of making of declaration in respect of an organisation
8Notice of revocation of declaration in respect of an organisation
9Notice of making of control order that applies to a declared organisation
10Notice of variation or revocation of control order or ancillary order applying to an organisation
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SCHEDULE—Forms
Form 1—Notice of Making of Declaration in Respect of an Organisation
Form 2—Notice of Revocation of Declaration in Respect of an Organisation
Form 3—Notice of Making of Control Order that Applies to a Declared Organisation
Form 4—Notice of Variation or Revocation of Control Order Applying to an Organisation
Form 5—Notice of Variation or Revocation of Ancillary Order Applying to an Organisation
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 002
Criminal Organisations Control Regulations 2013
S.R. No. 34/2013
Version incorporating amendments as at
1 October 2014
PART 1—PRELIMINARY
1Objective
The objective of these Regulations is to prescribe—
(a)provisions of laws of other jurisdictions under which corresponding declarations and control orders may be made; and
* * * * *
(c)the forms of notices required to be affixed to or near certain premises.
2Authorising provision
These Regulations are made under section 138 of the Criminal Organisations Control Act 2012.
3Commencement
These Regulations come into operation on 19 March 2013.
4Definition
In these Regulations—
the Act means the Criminal Organisations Control Act 2012.
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PART 2—CORRESPONDING ORDERS
5Corresponding control orders
For the purposes of the definition of corresponding control order in section 3(1) of the Act, the following provisions are prescribed—
(a)section 19(1) of the Crimes (Criminal Organisations Control) Act 2012 of New South Wales;
(b)sections 25(2)(a) and 26(4)(a) of the Serious Crime Control Act 2011 of the Northern Territory;
(c)section 18 of the Criminal Organisation Act 2009 of Queensland;
(d)section 22(2) of the Serious and Organised Crime (Control) Act 2008 of South Australia;
(e)section 57 of the Criminal Organisations Control Act 2012 of Western Australia.
6Corresponding declarations
For the purposes of the definition of corresponding declaration in section 3(1) of the Act, the following provisions are prescribed—
(a)section 9 of the Crimes (Criminal Organisations Control) Act 2012 of New South Wales;
(b)section 15 of the Serious Crime Control Act 2011 of the Northern Territory;
(c)section 10 of the Criminal Organisation Act 2009 of Queensland;
(d)section 11 of the Serious and Organised Crime (Control) Act 2008 of South Australia;
(e)section 13 of the Criminal Organisations Control Act 2012 of Western Australia.
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PART 3—PRESCRIBED FORMS
7Notice of making of declaration in respect of an organisation
For the purposes of section 26(4) of the Act, the prescribed form of a notice of a declaration which applies to an organisation is Form 1 set out in the Schedule.
8Notice of revocation of declaration in respect of an organisation
For the purposes of section 32(4) of the Act, the prescribed form of a notice of an order of the Court revoking a declaration which applied to an organisation is Form 2 set out in the Schedule.
9Notice of making of control order that applies to a declared organisation
For the purpose of section 55(4) of the Act, the prescribed form of a notice of a control order which applies to a declared organisation is Form 3 set out in the Schedule.
10Notice of variation or revocation of control order or ancillary order applying to an organisation
For the purposes of section 62(4) of the Act—
(a)the prescribed form of a notice of an order of the Court varying or revoking a control order is Form 4 set out in the Schedule; and
(b)the prescribed form of a notice of an order of the Court varying or revoking an ancillary order is Form 5 set out in the Schedule.
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SCHEDULE
FORMS
FORM 1
Regulation 7
Criminal Organisations Control Act 2012
NOTICE OF MAKING OF DECLARATION IN RESPECT OF AN ORGANISATION
Section 26
Attention:[insert the name of, or other particulars sufficient to identify, the organisation to which the declaration applies], including members, former members and prospective members
A declaration has been made under section 19 of the Criminal Organisations Control Act 2012 by the Supreme Court of Victoria (the Court) on [insert date].
The declaration takes effect on that date and provides that [insert the name of, or other particulars sufficient to identify, the organisation to which the declaration applies] is a declared organisation for the purposes of the Criminal Organisations Control Act 2012.
A declaration remains in effect for three years after it takes effect unless it is sooner revoked. However, a declaration does not have effect for any period during which its operation is stayed by the Court and such a period does not count for the purposes of calculating the three years during which the declaration is in effect.
While the declaration is in effect, the Chief Commissioner of Police may apply for the making of a control order that applies to [insert the name of, or other particulars sufficient to identify, the organisation to which the declaration applies] or any member, former member or prospective member of that organisation.
The Court's determination to make the declaration may be appealed.
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FORM 2
Regulation 8
Criminal Organisations Control Act 2012
NOTICE OF REVOCATION OF DECLARATION IN RESPECT OF AN ORGANISATION
Section 32
Attention:[insert the name of, or other particulars sufficient to identify, the organisation to which the revoked declaration applied], including members, former members and prospective members
On [insert date declaration was made], a declaration was made by the Supreme Court of Victoria (the Court) under section 19 of the Criminal Organisations Control Act 2012, which provided that [insert the name of, or other particulars sufficient to identify, the organisation to which the revoked declaration applied] was a declared organisation for the purposes of that Act.
That declaration was revoked under section 29 of the Criminal Organisations Control Act 2012 by the Court on [insert date]. The revocation took effect on that date.
The Court's revocation of the declaration may be appealed.
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FORM 3
Regulation 9
Criminal Organisations Control Act 2012
NOTICE OF MAKING OF CONTROL ORDER THAT APPLIES TO A DECLARED ORGANISATION
Attention:[insert the name of, or other particulars sufficient to identify, the declared organisation to which the control order applies], including members, former members and prospective members
On [insert date], a control order was made under section *43(1)/*43(1A) of the Criminal Organisations Control Act 2012 by the Supreme Court of Victoria (the Court) with respect to [insert the name of, or other particulars sufficient to identify, the declared organisation to which the control order applies].
The control order takes effect on [insert date] and includes the following conditions—
[insert the conditions included in the control order].
**To enable the control order to be given effect, the Court made *an ancillary order/*ancillary orders under section 48 of the Criminal Organisations Control Act 2012. The terms of the ancillary *order/*orders are—
[insert the terms of the ancillary order].
**The Court also made an order under section 46 of the Criminal Organisations Control Act 2012 winding up [insert the name of, or other particulars sufficient to identify, the declared organisation to which the control order applies]. The terms of the order are—
[insert the terms of the order winding up the organisation].
A control order remains in effect for three years after it takes effect unless it is sooner revoked or the declaration that applies to [insert the name of, or other particulars sufficient to identify, the declared organisation to which the control order applies] (the relevant declaration) is revoked or ceases to have effect. However, a control order does not have effect for any period during which the operation of either the control order or the relevant declaration is stayed by the Court, and such a period does not count for the purposes of calculating the three years during which the control order is in effect.
It is an offence under section 68 of the Criminal Organisations Control Act 2012 to contravene a control order *or an ancillary order.
The Court's determination to make the control order may be appealed.
**The Court's determination to make the ancillary *order/*orders may also be appealed.
* Delete if inapplicable
** Delete paragraph if inapplicable
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FORM 4
Regulation 10
Criminal Organisations Control Act 2012
NOTICE OF VARIATION OR REVOCATION OF CONTROL ORDER APPLYING TO AN ORGANISATION
Section 62
Attention:[insert the name of, or other particulars sufficient to identify, the declared organisation to which the control order applies or applied], including members, former members and prospective members
On [insert date control order was made], a control order was made by the Supreme Court of Victoria (the Court) under section 43 of the Criminal Organisations Control Act 2012 with respect to [insert the name of, or other particulars sufficient to identify, the declared organisation to which the control order applies].
That control order was *varied/*revoked under section 58 of the Criminal Organisations Control Act 2012 by the Court on [insert date]. The *variation/*revocation takes effect on [insert date].
The control order that was *varied/*revoked included the following conditions—
[insert the conditions included in the control order].
**The conditions now included in the varied control order are—
[insert the conditions included in the varied control order].
The Court's *variation/*revocation of the control order may be appealed.
* Delete if inapplicable
** Delete paragraph if inapplicable
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FORM 5
Regulation 10
Criminal Organisations Control Act 2012
NOTICE OF VARIATION OR REVOCATION OF ANCILLARY ORDER APPLYING TO AN ORGANISATION
Section 62
Attention:[insert the name of, or other particulars sufficient to identify, the declared organisation to which the ancillary order applies or applied], including members, former members and prospective members
On [insert date ancillary order was made], an ancillary order was made by the Supreme Court of Victoria (the Court) under section 48 of the Criminal Organisations Control Act 2012 with respect to [insert the name of, or other particulars sufficient to identify, the declared organisation to which the ancillary order applies]. That ancillary order was made to enable a control order, made under section 43 of the Criminal Organisations Control Act 2012 in relation to that organisation, to be given effect.
That ancillary order was *varied/*revoked under section 58A of the Criminal Organisations Control Act 2012 by the Court on [insert date]. The *variation/*revocation takes effect on [insert date].
The ancillary order that was *varied/*revoked stated—
[insert the terms of the ancillary order].
**The varied ancillary order now states—
[insert the terms of the varied ancillary order].
The Court's *variation/*revocation of the control order may be appealed.
* Delete if inapplicable
** Delete paragraph if inapplicable
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ENDNOTES
1. General Information
The Criminal Organisations Control Regulations 2013, S.R. No. 34/2013 were made on 19 March 2013 by the Governor in Council under section 138 of the Criminal Organisations Control Act 2012, No. 80/2012 and came into operation on 19 March 2013: regulation 3.
The Criminal Organisations Control Regulations 2013 will sunset 10 years after the day of making on 19 March 2023 (see section 5 of the Subordinate Legislation Act 1994).
2. Table of Amendments
This Version incorporates amendments made to the Criminal Organisations Control Regulations 2013 by statutory rules, subordinate instruments and Acts.
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Criminal Organisations Control Amendment Regulations 2014, S.R. No. 138/2014
Date of Making: 23.9.14 Date of Commencement: 1.10.14: reg. 3
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3. Explanatory Details
No entries at date of publication.
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