Serious and Organised Crime (Control) Act 2008 (SA)

South Australia

Serious and Organised Crime (Control) Act 2008

An Act to provide for the making of declarations and orders for the purpose of disrupting and restricting the activities of criminal organisations, their members and associates; and for other purposes.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Serious and Organised Crime (Control) Act 2008.

In this Act, unless the contrary intention appears—

authorisation order means an order of the Court under section 25;

Commissioner means the Commissioner of Police;

control order means a control order made by the Court under Part 3 (but does not include an interim control order);

conviction means a finding of guilt by a court, or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded;

corresponding control order means an order made under a provision of a law of another State or Territory that is prescribed by regulation for the purposes of this definition;

corresponding declaration means a declaration or order made under a provision of a law of another State or Territory that is prescribed by regulation for the purposes of this definition;

Court—

1. (a)

   in Part 2, Part 3 and Part 6, means the Supreme Court;

2. (b)

   in Part 4, means the Magistrates Court;

criminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety;

declared organisation means an organisation subject to a declaration under Part 2 or a registered corresponding declaration that is in force under Part 6;

interim control order means an interim control order made by the Court under section 22A;

member, in relation to an organisation, includes—

1. (a)

   in the case of an organisation that is a body corporate—a director or an officer of the body corporate; and

2. (b)

   in any case—

   1. (i)

      an associate member or prospective member (however described) of the organisation; and

   2. (ii)

      a person who identifies himself or herself, in some way, as belonging to the organisation;

organisation means any incorporated body or unincorporated group (however structured), whether or not the body or group is based outside South Australia, consists of persons who are not ordinarily resident in South Australia or is part of a larger organisation;

personal details, in relation to a person, means—

1. (a)

   the person's full name; and

2. (b)

   the person's date of birth; and

3. (c)

   the address of where the person is living; and

4. (d)

   the address of where the person usually lives; and

5. (e)

   the person's business address;

public safety order means an order made by a senior police officer under section 23;

respondent—

1. (a)

   in Part 3, means the person to whom a control order…