Disorganized Developments Pty Ltd v The State of South Australia

Disorganized Developments Pty Ltd appealed to the Court, which considered a case stated by a judge of the District Court of South Australia. The dispute concerned the validity and effect of regulations made under the *Criminal Law Consolidation Act 1935* (SA) (CLCA), specifically in relation to declaring certain land as "prescribed places" for the purposes of s 83GA(1) of the CLCA.

The Court was required to determine whether Regulation 3 of the Criminal Law Consolidation (Criminal Organisation) Regulations was invalid, and whether certain other regulations impliedly declared specific land to be prescribed places. Further questions were posed regarding the application of s 83GA(1) of the CLCA to individuals who are participants in a criminal organisation.

The Court held that Regulation 3 of the Criminal Law Consolidation (Criminal Organisation) Regulations was not invalid, but it was ineffective in its express declaration of the Cowirra Land as prescribed places. However, the Court found that each of the Cowirra regulations impliedly declared the land they described to be prescribed places for the purposes of s 83GA(1) of the CLCA. The Court answered "No" to the second question reserved.

Consequently, the Court answered the remaining questions as follows: question 3(a) was answered "Yes, if the person is a participant in a criminal organisation"; question 3(b) was answered "Yes, if the person is a participant in a criminal organisation"; and question 3(c) was answered "Yes, if the person is a participant in a criminal organisation".