{"id":"nsw:act-2016-015","name":"Crimes (Serious Crime Prevention Orders) Act 2016","slug":"crimes-serious-crime-prevention-orders-act-2016","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"15 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29618,"registerId":"nsw-act-2016-015-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Crimes (Serious Crime Prevention Orders) Act 2016](/view/html/inforce/current/act-2016-015).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > appropriate court, in relation to an application for, or the making of, a serious crime prevention order against a person, means—\n> > \n> > > (a) if the ground for making the order is that the person has been convicted of a serious criminal offence—either the Supreme Court or the District Court, or\n> > \n> > > (b) if the ground for making the order is that the person has been involved in serious crime related activity for which the person has not been convicted of a serious criminal offence—the Supreme Court.\n> > \n> > eligible applicant means any of the following—\n> > \n> > > (a) the Commissioner of Police,\n> > \n> > > (b) the Director of Public Prosecutions,\n> > \n> > > (c) the New South Wales Crime Commission.\n> > \n> > involved in serious crime related activity—see section 4.\n> > \n> > modification includes addition, exception, omission or substitution.\n> > \n> > serious crime prevention order—see section 5.\n> > \n> > serious crime related activity means anything done by a person that is or was at the time a serious criminal offence, whether or not—\n> > \n> > > (a) the person has been charged with the offence, or\n> > \n> > > (b) if charged, the person—\n> > > \n> > > > (i) has been tried, or\n> > > \n> > > > (ii) has been tried and acquitted, or\n> > > \n> > > > (iii) has been convicted (even if the conviction has been quashed or set aside).\n> > \n> > serious criminal offence has the same meaning as in the [Criminal Assets Recovery Act 1990](/view/html/inforce/current/act-1990-023).\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes included in this Act do not form part of this Act.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of “involved in serious crime related activity”","content":"#### 4 Meaning of “involved in serious crime related activity”\n\n4 Meaning of “involved in serious crime related activity”\n\n> > (1) For the purposes of this Act, a person is involved in serious crime related activity if—\n> > \n> > > (a) the person has engaged in serious crime related activity, or\n> > \n> > > (b) the person has engaged in conduct that has facilitated another person engaging in serious crime related activity, or\n> > \n> > > (c) the person has engaged in conduct that is likely to facilitate serious crime related activity (whether by the person or another person).\n> \n> > (2) In determining whether the conduct of a person has facilitated another person to engage in serious crime related activity, a court may take into account whether the conduct was reasonable in all the circumstances.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Serious crime prevention orders","content":"# Part 2 Serious crime prevention orders\n\nPart 2 Serious crime prevention orders","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Making of serious crime prevention orders","content":"#### 5 Making of serious crime prevention orders\n\n5 Making of serious crime prevention orders\n\n> > (1) An appropriate court may, on the application of an eligible applicant, make an order (a serious crime prevention order) against a specified person if—\n> > \n> > > (a) in the case of a natural person—the person is 18 years old or older, and\n> > \n> > > (b) the court is satisfied that—\n> > > \n> > > > (i) the person has been convicted of a serious criminal offence, or\n> > > \n> > > > (ii) the person has been involved in serious crime related activity for which the person has not been convicted of a serious criminal offence (including by reason of being acquitted of, or not being charged with, such an offence), and\n> > \n> > > (c) the court is satisfied that there are reasonable grounds to believe that the making of the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime related activities.\n> \n> > (2) If the ground relied on for an application for a serious crime prevention order against a person is that the person has been involved in serious crime related activity for which the person has not been convicted of a serious criminal offence by reason of an acquittal, the application must include the following information—\n> > \n> > > (a) the serious criminal offence of which the person was acquitted,\n> > \n> > > (b) the court in which the offence was tried,\n> > \n> > > (c) the date on which the person was acquitted.\n> \n> > (3) Unless the appropriate court orders otherwise, the applicant must serve a copy of the application on the person against whom the serious crime prevention order is sought at least 14 days before the hearing date for the application.\n> \n> > (4) The person against whom a serious crime prevention order is sought and any other person whose interests may be affected by the making of the order may appear at the hearing of the application and make submissions in relation to the application.\n> \n> > (5) In determining an application for a serious crime prevention order, the court may admit and take into account hearsay evidence despite any rule relating to the admission of hearsay evidence (whether under the [Evidence Act 1995](/view/html/inforce/current/act-1995-025) or otherwise) if—\n> > \n> > > (a) the court is satisfied that the evidence is from a reliable source and is otherwise relevant and of probative value, and\n> > \n> > > (b) the person against whom the order is sought to be made has been notified of, and served with a copy of, the evidence before its admission.\n> \n> > (6) The applicant must ensure that a serious crime prevention order is served (whether by the applicant or another person) on the person against whom it is made. The order must be served by means of personal service.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Content of serious crime prevention order","content":"#### 6 Content of serious crime prevention order\n\n6 Content of serious crime prevention order\n\n> > (1) A serious crime prevention order may contain such prohibitions, restrictions, requirements and other provisions as the court considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement by the person in serious crime related activities.\n> \n> > (2) However, a serious crime prevention order cannot contain provisions that require a person—\n> > \n> > > (a) to answer questions or provide information orally, or\n> > \n> > > (b) to answer questions, or to provide documents or other information, that are subject to client legal privilege (legal professional privilege), or\n> > \n> > > (c) to disclose protected confidences (within the meaning of Division 1A of Part 3.10 of the [Evidence Act 1995](/view/html/inforce/current/act-1995-025)), or\n> > \n> > > (d) to provide documents or other information that is held by the person in confidence as part of a banking business unless—\n> > > \n> > > > (i) the person to whom the confidence is owed has consented, or\n> > > \n> > > > (ii) the order specifically requires the provision or production of the documents or other information concerned (or documents or other information of the kind concerned), or\n> > \n> > > (e) to answer questions, or to provide documents or other information, that would result in a disclosure prohibited by a provision of another Act (other than the [Evidence Act 1995](/view/html/inforce/current/act-1995-025)).\n> \n> > (3) Without limiting subsection (2), an answer given, or document or other information provided, by a person in compliance with a requirement of a serious crime prevention order (the compelled evidence) is not admissible as evidence against that person in civil or criminal proceedings other than—\n> > \n> > > (a) proceedings for an offence against section 8, or\n> > \n> > > (b) proceedings in which the person has adduced the compelled evidence.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Duration of serious crime prevention order","content":"#### 7 Duration of serious crime prevention order\n\n7 Duration of serious crime prevention order\n\n> > (1) A serious crime prevention order—\n> > \n> > > (a) takes effect when it is served on the person against whom it is made or on such later date as may be specified in the order, and\n> > \n> > > (b) once it takes effect, has effect for the period specified in the order.\n> \n> > (2) The period specified in a serious crime prevention order for its duration must not exceed a period of 5 years.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Offence: contravention of serious crime prevention order","content":"#### 8 Offence: contravention of serious crime prevention order\n\n8 Offence: contravention of serious crime prevention order\n\n> A person against whom a serious crime prevention order is in effect must not contravene the order.\n> \n> Maximum penalty—\n> \n> > (a) in the case of a corporation—1,500 penalty units, or\n> \n> > (b) in the case of a natural person—300 penalty units or imprisonment for 5 years, or both.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Winding up of voluntary corporation for contravening serious crime prevention orders","content":"#### 9 Winding up of voluntary corporation for contravening serious crime prevention orders\n\n9 Winding up of voluntary corporation for contravening serious crime prevention orders\n\n> > (1) An eligible applicant may apply to the Supreme Court for an order (a compulsory winding up order) requiring the winding up of a voluntary corporation that has been convicted of an offence against section 8.\n> \n> > (2) The Supreme Court may make a compulsory winding up order against a voluntary corporation if the Court is satisfied that—\n> > \n> > > (a) the corporation has been convicted of an offence against section 8, and\n> > \n> > > (b) there are no further avenues of appeal available to the corporation in respect of the conviction, and\n> > \n> > > (c) it is in the public interest, and just and equitable, for the corporation to be wound up.\n> \n> > (3) If a compulsory winding up order is made against an association, Part 6 of the [Associations Incorporation Act 2009](/view/html/inforce/current/act-2009-007) is taken (subject to such modifications as may be prescribed by the regulations) to apply to the winding up of the association as if the Supreme Court had made an order under section 63 (1) (i) of that Act for its winding up.\n> \n> > (4) If a compulsory winding up order is made against a company, the winding up of the company pursuant to that order is declared to be an applied Corporations legislation matter for the purposes of Part 3 of the [Corporations (Ancillary Provisions) Act 2001](/view/html/inforce/current/act-2001-032) in relation to Chapter 5 of the Corporations Act, subject to the following modifications—\n> > \n> > > (a) the order is taken to have effect for the purposes of the provisions as if the Supreme Court has made an order for the winding up of the company under section 461 (1) (k) of the Corporations Act,\n> > \n> > > (b) such other modifications as may be prescribed by the regulations.\n> > \n> > Note—\n> > \n> > Part 3 of the [Corporations (Ancillary Provisions) Act 2001](/view/html/inforce/current/act-2001-032) provides for the application of provisions of the [Corporations Act 2001](http://www.legislation.gov.au/) and Part 3 of the [Australian Securities and Investments Commission Act 2001](http://www.legislation.gov.au/) of the Commonwealth as laws of the State in respect of any matter declared by a law of the State (whether with or without modification) to be an applied Corporations legislation matter for the purposes of that Part in relation to those Commonwealth provisions. Section 14 (2) of the [Corporations (Ancillary Provisions) Act 2001](/view/html/inforce/current/act-2001-032) ensures that a declaration made for the purposes of Part 3 of that Act only operates to apply a provision of the Corporations legislation to a matter as a law of the State if that provision does not already apply to the matter as a law of the Commonwealth. If a provision referred to in a declaration already applies as a law of the Commonwealth, nothing in the declaration will affect its continued operation as a law of the Commonwealth.\n> \n> > (5) Subsections (1), (2) and (4) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 5 of the Corporations Act.\n> > \n> > Note—\n> > \n> > Section 5G of the Corporations Act enables a State to displace the operation of provisions of the Corporations legislation in favour of provisions of State laws that are declared under State law to be Corporations legislation displacement provisions for the purposes of that section. See, in particular, section 5G (4), (8) and (11) of the Corporations Act in relation to the displacements effected by this subsection.\n> \n> > (6) In this section—\n> > \n> > association means an association registered under the [Associations Incorporation Act 2009](/view/html/inforce/current/act-2009-007).\n> > \n> > company means a company within the meaning of the Corporations Act.\n> > \n> > Corporations Act means the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > voluntary corporation means—\n> > \n> > > (a) a company, or\n> > \n> > > (b) an association.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Dissolution of partnerships","content":"#### 10 Dissolution of partnerships\n\n10 Dissolution of partnerships\n\n> > (1) An eligible applicant may apply to the Supreme Court for an order (a compulsory dissolution order) requiring the dissolution of a partnership if the partnership has, or one or more of the partners have, been convicted of an offence against section 8.\n> > \n> > Note—\n> > \n> > The [Partnership Act 1892](/view/html/inforce/current/act-1892-012) provides for incorporated limited partnerships. Incorporated limited partnerships are persons for the purposes of this Act because they are bodies corporate. See the definition of person in the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> \n> > (2) The Supreme Court may make a compulsory dissolution order against a partnership if the Court is satisfied that—\n> > \n> > > (a) the partnership has, or one or more of the partners have, been convicted of an offence against section 8, and\n> > \n> > > (b) there are no further avenues of appeal available to the partnership or partners in respect of the conviction or convictions, and\n> > \n> > > (c) it is in the public interest, and just and equitable, for the partnership to be dissolved.\n> \n> > (3) If a compulsory dissolution order is made against a partnership—\n> > \n> > > (a) in the case of an incorporated limited partnership—Schedule 1 to the [Partnership Act 1892](/view/html/inforce/current/act-1892-012) is taken (subject to such modifications as may be prescribed by the regulations) to apply to the dissolution of the partnership as if the Registrar had published a conclusive certificate under clause 3 of that Schedule on the date the order takes effect that the partnership is required to be wound up, or\n> > \n> > > (b) in the case of any other partnership—Division 4 of Part 2 of the [Partnership Act 1892](/view/html/inforce/current/act-1892-012) is taken (subject to such modifications as may be prescribed by the regulations) to apply to the dissolution as if the Supreme Court had made an order for dissolution under section 35 (f) of that Act.\n> \n> > (4) In this section—\n> > \n> > incorporated limited partnership and Registrar have the same meaning as in the [Partnership Act 1892](/view/html/inforce/current/act-1892-012).\n> \n> **s 10:** Am 2023 No 7, Sch 3.7.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Right of appeal in relation to making of serious crime prevention order","content":"#### 11 Right of appeal in relation to making of serious crime prevention order\n\n11 Right of appeal in relation to making of serious crime prevention order\n\n> > (1) Each of the following persons may appeal to the Court of Appeal against a decision of the Supreme Court or the District Court in relation to the making of a serious crime prevention order—\n> > \n> > > (a) the applicant for the order,\n> > \n> > > (b) the person against whom such an order is made.\n> \n> > (2) An appeal lies as of right on a question of law and with leave on a question of fact.\n> \n> > (3) An appeal as of right must be made within 28 days after the date on which the decision was made unless the Court of Appeal grants leave for it to be made after that time.\n> \n> > (4) On an appeal, the Court of Appeal may—\n> > \n> > > (a) confirm, vary or reverse the decision the subject of the appeal, and\n> > \n> > > (b) make any consequential or ancillary order.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Variation or revocation of serious crime prevention order","content":"#### 12 Variation or revocation of serious crime prevention order\n\n12 Variation or revocation of serious crime prevention order\n\n> > (1) The court that makes a serious crime prevention order may at any time vary or revoke the order on application by—\n> > \n> > > (a) the applicant for the order, or\n> > \n> > > (b) the person against whom the order is made.\n> \n> > (2) An application for the variation or revocation of a serious crime prevention order may only be made by the person against whom the order was made with the leave of the court and leave is only to be granted if the court is satisfied there has been a substantial change in the relevant circumstances since the order was made or last varied.\n> \n> > (3) The court, before varying or revoking a serious crime prevention order under this section, must—\n> > \n> > > (a) allow all parties to the proceedings for the original order a reasonable opportunity to be heard on the matter, and\n> > \n> > > (b) have regard to the same factors that the court is required to have regard to in considering whether or not to make a serious crime prevention order and the content of a serious crime prevention order.","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Proceedings for serious crime prevention orders are civil and not criminal","content":"#### 13 Proceedings for serious crime prevention orders are civil and not criminal\n\n13 Proceedings for serious crime prevention orders are civil and not criminal\n\n> > (1) For the purposes of this Act, proceedings on an application for a serious crime prevention order are not criminal proceedings.\n> \n> > (2) Except in relation to an offence against this Act—\n> > \n> > > (a) the rules of construction applicable only in relation to the criminal law do not apply in the interpretation of the provisions of this Act, and\n> > \n> > > (b) the rules of evidence applicable in civil proceedings (including as to the burden of proof) apply, and those applicable only in criminal proceedings do not apply, to proceedings under this Act.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Rules of court","content":"#### 14 Rules of court\n\n14 Rules of court\n\n> Rules of court may be made under the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028), the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052) and the [District Court Act 1973](/view/html/inforce/current/act-1973-009) for or with respect to the practice and procedure to be followed in respect of proceedings under this Act for serious crime prevention orders and any matters incidental to, or relating to, such practice and procedure.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Regulations","content":"#### 15 Regulations\n\n15 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Review of Act","content":"#### 16 Review of Act\n\n16 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 3 years from the commencement of this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 3 years.","sortOrder":18},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions","sortOrder":19},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Rep 1987 No 15, sec 30C.","sortOrder":24}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"model":"kimi-k2.6","source":"moonshot-batch-reanalyse","citationCount":16,"completionTokens":4040},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act maintains a coherent focus on preventing serious crime through court orders. Provisions allowing the winding up of corporations and dissolution of partnerships are ancillary enforcement mechanisms tied directly to contraventions of serious crime prevention orders, rather than representing a significant expansion beyond the original scheme."},"complexity_factors":["Extensive cross-referencing to at least seven other Acts, including the Criminal Assets Recovery Act 1990, Evidence Act 1995, Corporations Act 2001 and Partnership Act 1892","Dual court jurisdiction where the appropriate court depends on whether the person was convicted (Supreme or District Court) or involved in unconvicted activity (Supreme Court only)","Nested exceptions in section 6 limiting order content, including legal professional privilege, protected confidences and banking confidentiality","Technical integration with Commonwealth corporations law through applied Corporations legislation matters and displacement provisions in section 9","Different statutory consequences for distinct entity types, requiring separate treatment of natural persons, companies, associations, incorporated limited partnerships and general partnerships"],"plain_english_summary":"This Act gives New South Wales courts power to make **Serious Crime Prevention Orders** (SCPOs) against adults to stop or disrupt their involvement in serious crime.\n\n**Who can be targeted?**\nOrders can be sought against people aged 18 or over who:\n- have been convicted of a serious criminal offence, or\n- have been involved in serious crime-related activity — even if they were never charged, were acquitted, or had a conviction overturned.\n\n**Who can apply?**\n- The Commissioner of Police\n- The Director of Public Prosecutions\n- The NSW Crime Commission\n\n**What can an order do?**\nA court can impose tailored restrictions, prohibitions, or requirements to protect the public. However, an order cannot force someone to:\n- answer questions or give oral information,\n- reveal confidential lawyer communications (legal professional privilege),\n- disclose protected confidences, or\n- hand over confidential banking documents (unless an exception applies).\n\n**Duration and penalties**\n- An order lasts up to 5 years.\n- Breaking an order is a criminal offence. Individuals face up to 5 years in prison and/or a heavy fine. Corporations face larger fines.\n- If a corporation or partnership is convicted of breaching an order, a court can order the business to be wound up or dissolved.\n\n**Court process**\n- Proceedings are **civil**, not criminal, meaning civil evidence rules apply.\n- Courts can accept hearsay evidence (second-hand reports) if it is reliable and the person has been notified.\n- The person targeted can appear and argue against the order.\n- Either side can appeal to the Court of Appeal.\n\n**Past conduct**\nOrders can be based on crimes or activities that occurred before this Act became law."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have remained consistent with its original intent of enabling courts to impose preventive orders on persons involved in serious crime. The 2023 amendment appears to be a refinement rather than a fundamental expansion or contraction of scope, though full substantive text would be needed to confirm the precise nature of changes."},"complexity_factors":["Dual civil/criminal legal framework — orders are made on civil grounds but breach is a criminal offence","Wide discretionary powers given to courts to tailor order conditions to individuals","Broad range of potential restrictions covering financial, personal, digital and business activities","Lower burden of proof (civil standard) for making orders that carry serious criminal consequences","Interaction with other legislation including criminal law, evidence law, and human rights/civil liberties frameworks","Multiple amendment versions (2016, 2016 amended, 2023) requiring attention to which version applies","Complex eligibility criteria for who can be subject to an order","Procedural complexity around applications, hearings, appeals and variation of orders"],"plain_english_summary":"## Crimes (Serious Crime Prevention Orders) Act 2016 (NSW)\n\n**What is this law?**\nThis is a NSW law that creates a system of **Serious Crime Prevention Orders (SCPOs)** — court-issued orders that place restrictions on individuals believed to be involved in serious criminal activity, even if they haven't necessarily been convicted of a specific offence.\n\n**Who does it affect?**\n- People suspected of involvement in serious organised crime in NSW\n- Police and prosecutors who apply for these orders\n- Courts (Supreme and District) that make and review the orders\n- Businesses or associates connected to targeted individuals\n\n**What can these orders do?**\nSCPOs can impose a wide range of restrictions on a person, such as:\n- Limiting who they can associate with\n- Restricting their financial transactions\n- Controlling their use of phones, computers, and the internet\n- Requiring them to report their whereabouts\n- Restricting their involvement in certain businesses\n\n**Why does it matter?**\nThis law is significant because orders can be made on a civil standard of proof (meaning authorities only need to show it is *more likely than not* that the person is involved in serious crime — a lower bar than the criminal standard of 'beyond reasonable doubt'). Breaching an order is a criminal offence, potentially carrying serious penalties including imprisonment.\n\nIt is modelled on similar UK legislation and is designed to disrupt organised crime networks by targeting the activities of suspected criminals, not just punishing past offences.\n\n**Note:** This analysis is based on the metadata and title information available — the full substantive provisions of the Act were not included in the provided text."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act text shows it has been amended since original enactment (note to s10: \"Am 2023 No 7, Sch 3.7\") and Schedule 2 is marked as repealed. Those entries indicate changes to the Act’s provisions after initial passage; the body of the Act as presented therefore reflects post‑enactment amendments and the repeal noted in the Schedule (see note to s10 and Schedule 2)."},"complexity_factors":["Interplay between civil proceedings and criminal consequences (s13; s8).","Broad judicial discretion to craft orders with only statutory limits (s6(1)–(3)).","Specialised eligibility to apply (limited to police, DPP, NSW Crime Commission) concentrating initiation power (s3).","Evidentiary adjustments: civil burden of proof, hearsay admissibility with conditions (s13(2); s5(5)).","Multiple remedial pathways beyond penalties: winding up of companies and dissolution of partnerships with cross‑references to Corporations and Partnership laws (s9; s10).","Temporal reach allowing pre‑commencement conduct to be relied on (Schedule 1, cl 2).","Procedural rules and service requirements (personal service, 14‑day default) plus appeals and leave requirements for variation (s5(3), s5(6), s11, s12).","Cross‑references to other statutes (Evidence Act, Corporations Act, Associations Incorporation Act) that affect limits and application (s6; s9(4)–(5))."],"plain_english_summary":"### What this law does, who it affects, and how it works\n\n- Mechanically: the Act lets a court put a \"serious crime prevention order\" (SCPO) on a specified adult if an eligible government applicant asks for one and the court is satisfied the legal grounds are met (see s5). The order can contain prohibitions, restrictions and requirements tailored to prevent, restrict or disrupt the person's involvement in activities the Act treats as \"serious crime related activity\" (s5(c); s6(1)).\n\n- Who may ask for an order: only the Commissioner of Police, the Director of Public Prosecutions, or the New South Wales Crime Commission may apply for an SCPO (s3). The court that may make an order depends on the legal ground relied on: convictions can be dealt with by the Supreme Court or the District Court; non‑conviction involvement must be dealt with by the Supreme Court (s3 definition of \"appropriate court\").\n\n- Legal grounds for an order: the court may make an SCPO if the targeted person is an adult and either (a) has been convicted of a \"serious criminal offence\", or (b) has been involved in serious crime related activity even if not convicted (s5(1)(a)–(b); s3 definition of \"serious crime related activity\"). \"Involved\" covers engaging in the activity directly, facilitating others, or conduct likely to facilitate such activity (s4).\n\n- How orders are designed and limited: courts have broad discretion to design prohibitions and requirements that they consider appropriate to protect the public (s6(1)). But orders cannot compel answers or documents subject to legal professional privilege, cannot force disclosure of certain protected confidences, and cannot require production of banking‑confidential materials except with the bank's consent or by a specific order (s6(2)). Information compelled under an order generally cannot be used against the person in other civil or criminal proceedings, subject to limited exceptions (s6(3)).\n\n- Procedural and evidentiary regime: proceedings to obtain an SCPO are civil, not criminal (s13(1)). Civil rules of evidence and civil burdens of proof apply (s13(2)), although the court may admit hearsay evidence if it is from a reliable source and the target has been notified and served with the evidence (s5(5)). Applications must generally be personally served at least 14 days before the hearing unless the court orders otherwise (s5(3); s5(6)).\n\n- Duration and review: an SCPO takes effect on personal service (or a later date in the order) and can last no longer than five years (s7). The court that made an order can later vary or revoke it on application by the applicant or the targeted person; the targeted person needs leave and must show a substantial change in circumstances to get leave (s12).\n\n- Sanctions for non‑compliance and organisational consequences: contravening an SCPO is a criminal offence. Penalties are up to 300 penalty units and/or 5 years imprisonment for a natural person, or up to 1,500 penalty units for a corporation (s8). If a voluntary corporation or partnership is convicted of an offence under s8, eligible applicants may apply to the Supreme Court to wind up the corporation or dissolve the partnership; the Court may do so if it is satisfied of conviction, that there are no further appeals, and that winding up or dissolution is in the public interest and just and equitable (s9; s10).\n\n- Appeals and review of the Act: appeals on questions of law from decisions about SCPOs go to the Court of Appeal as of right; appeals on facts require leave (s11). The Minister must review the Act within 3 years of commencement and table a report within 12 months after that 3‑year period (s16).\n\n- Temporal reach: the Act allows orders to be based on serious crime related activity or offences that occurred before the Act commenced as well as afterwards (Schedule 1, cl 2).\n\nWhy the Act matters (stated purpose and practical implications)\n\n- The Act explicitly frames SCPOs as tools to \"protect the public by preventing, restricting or disrupting\" involvement in serious crime related activities (s5(c)). That is the legislative purpose test the court must apply.\n\n- Costs and who pays: the direct compliance costs fall on persons and entities who are the subject of orders — they must comply with potentially detailed restrictions and risk criminal penalties for breach (s6(1); s8). Corporations and partnerships face additional organisational risk: conviction for breach can lead to compulsory winding up or dissolution applications by the eligible applicants (s9; s10). Eligible applicants (police, DPP, Crime Commission) incur the transactional costs of preparing and bringing applications (s3; s5). Courts bear administrative costs under ordinary civil procedure (s14).\n\n- Incentives and discretion: only a small set of public bodies may apply for orders (s3), concentrating the capacity to seek orders with prosecutorial and enforcement agencies. The court has broad discretion to craft order content (s6(1)), subject to explicit statutory limits (s6(2)–(3)). This design gives decision‑making power to judges to tailor measures but leaves substantial scope for judicial discretion in defining what restrictions are \"appropriate\".\n\n- Evidence and burden effects: proceedings are civil, so the usual criminal protections and burdens do not apply (s13(2)). The statutory allowance for hearsay (s5(5)) and civil burdens of proof mean it is easier procedurally for eligible applicants to rely on a wider range of material than in a criminal prosecution.\n\n- Effects on private enterprise and contracts: the Act does not list specific types of business restrictions, but because courts may impose a wide range of prohibitions and requirements (s6(1)), an SCPO can, in practice, affect business activities, contractual relationships, access to banking information (subject to the statutory limits at s6(2)(d)), and association choices of a targeted person or entity. The precise economic impact depends on the order content and is therefore case‑specific.\n\n- Implementation and risk trade‑offs: the statutory scheme increases enforcement options for eligible state actors (s3, s5) while relying on civil procedure and judicial tailoring (s13; s6). That combination lowers certain procedural barriers for applicants but concentrates initiation power in a small set of agencies and leaves courts with broad crafting authority. The Act provides safeguards (privilege, banking confidences, compelled evidence non‑admissibility in most other proceedings) and procedural rights (service, hearings, right to appear, appeals) (s5(3)–(4); s6(2)–(3); s11).\n\nKey practical points to watch (with sections cited)\n\n- Eligible applicants are limited to specific public agencies (s3).  \n- Proceedings are civil, with civil evidence rules and permitted hearsay (s13; s5(5)).  \n- Orders may be broad but cannot force production of privileged material or most banking confidences without consent or a specific order (s6(1)–(3)).  \n- Non‑compliance is a criminal offence carrying significant penalties for individuals and corporations (s8).  \n- Organisations convicted of breaching an SCPO can face winding up or dissolution applications (s9; s10).  \n- Maximum duration of an order is 5 years (s7(2)).  \n- The Act permits reliance on conduct and offences that occurred before the Act began (Schedule 1, cl 2).  \n- The Act must be reviewed after 3 years (s16).\n\nThis summary describes the Act’s mechanics, who decides and who pays, the compliance burdens created by orders, and the main limits on what orders can require. The exact economic and behavioural effects depend on how courts exercise their discretion in specific cases and the content of particular orders (s6(1))."}},"importantCases":[],"_links":{"self":"/api/acts/crimes-serious-crime-prevention-orders-act-2016","history":"/api/acts/crimes-serious-crime-prevention-orders-act-2016/history","analysis":"/api/acts/crimes-serious-crime-prevention-orders-act-2016/analysis","conflicts":"/api/acts/crimes-serious-crime-prevention-orders-act-2016/conflicts","importantCases":"/api/acts/crimes-serious-crime-prevention-orders-act-2016/important-cases","documents":"/api/acts/crimes-serious-crime-prevention-orders-act-2016/documents"}}