{"id":"serious-and-organised-crime-control-act-2008","name":"Serious and Organised Crime (Control) Act 2008","slug":"serious-and-organised-crime-control-act-2008","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":109896,"registerId":"sa-serious-and-organised-crime-control-act-2008-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Serious and Organised Crime (Control) Act 2008","content":"South Australia\nSerious and Organised Crime (Control) Act 2008\nAn 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.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tObjects\n5\tStandard of proof\n5A\tCriminal intelligence\n6\tExtra‑territorial operation\n7\tDelegation\nPart 2—Declared organisations\n9\tCommissioner may apply for declaration\n10\tPublication of notice of application\n11\tCourt may make declaration\n12\tNotice of declaration\n13\tDuration of declaration\n14\tRevocation of declaration\n15\tProcedure at hearings\n17\tMaking of subsequent declaration\n18\tPractice and procedure\n19\tAppeal\n20\tChange of name etc\n21\tEvidentiary\nPart 3—Control orders\n22\tCourt may make control order\n22A\tInterim control orders\n22B\tDuration of control order or interim control order\n22C\tVariation or revocation\n22D\tRight to object if interim order made ex parte\n22E\tConsequential and ancillary orders\n22F\tAppeal\n22G\tEvidentiary\n22H\tAutomatic revocation of order\n22I\tOffence to contravene or fail to comply with control order\nPart 4—Public safety orders\nDivision 1—Making of public safety orders\n23\tSenior police officer may make public safety order\n24\tVariation and revocation of public safety order\n25\tCertain variations and orders must be authorised by Court\n26\tRight of objection\n27\tProcedure on hearing of notice of objection\n28\tAppeals to Supreme Court\n29\tDisclosure of reasons and criminal intelligence\nDivision 2—Service and notification\n30\tService and notification\n31\tUrgent orders\nDivision 3—Enforcement and evidentiary provisions\n32\tOffence to contravene or fail to comply with public safety order\n33\tPower to search premises and vehicles\n33A\tPrinciples of equity and good conscience\n34\tEvidentiary\nPart 5—Offences\n34A\tPermitting premises to be habitually used as place of resort by members of declared organisation\n34B\tRecruiting person to become member of declared organisation\n35\tCriminal associations\n36\tProvision of personal details\nPart 6—Corresponding orders\nDivision 1—Preliminary\n37\tInterpretation\n38\tService\nDivision 2—Registration of corresponding declarations\n39\tApplication may be made by Commissioner\n39A\tRegistration of corresponding declaration\n39B\tNotice of registration\n39C\tCommencement and effect of registered corresponding declaration\nDivision 3—Cancellation of registration\n39D\tRevocation in jurisdiction where corresponding declaration originally made\n39E\tCancellation of registration of corresponding declaration by Court\n39F\tCancellation of registration of corresponding declaration at request of Commissioner\n39G\tNotice of cancellation or expiry of registration of corresponding declaration\n39H\tEffect of cancellation or expiry of registration of corresponding declaration\nDivision 4—Registration of corresponding control orders\n39I\tApplication may be made by Commissioner\n39J\tRegistration of corresponding control order\n39K\tReferral of application to Court for adaptation or modification\n39L\tExpiry of registration\n39M\tNotice of registration\n39N\tCommencement and effect of registered corresponding control order\nDivision 5—Variation and cancellation of registered corresponding control order\n39O\tVariation or revocation in jurisdiction where corresponding control order originally made\n39P\tCancellation of registration of corresponding control order by Court\n39Q\tCancellation of registration of corresponding control order at request of Commissioner\n39R\tRegistration of corresponding control order cancelled automatically in certain circumstances\n39S\tProof of making or variation of corresponding control order not required on proceedings for breach\nPart 7—Miscellaneous\n39T\tGeneral provisions on service of applications, orders and other documents\n39U\tRepresentation of unincorporated group\n39V\tApplication of Act to children\n39W\tCosts\n39X\tJoint and several liability\n39Y\tUse of evidence or information for purposes of Act\n39Z\tPresumption as to membership\n40\tImmunity from liability\n42\tProsecution of offence as a summary offence\n42A\tReview of operation of Act\n43\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Serious and Organised Crime (Control) Act 2008.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nauthorisation order means an order of the Court under section 25;\nCommissioner means the Commissioner of Police;\ncontrol order means a control order made by the Court under Part 3 (but does not include an interim control order);\nconviction 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;\ncorresponding 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;\ncorresponding 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;\nCourt—\n\t(a)\tin Part 2, Part 3 and Part 6, means the Supreme Court;\n\t(b)\tin Part 4, means the Magistrates Court;\ncriminal 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;\ndeclared organisation means an organisation subject to a declaration under Part 2 or a registered corresponding declaration that is in force under Part 6;\ninterim control order means an interim control order made by the Court under section 22A;\nmember, in relation to an organisation, includes—\n\t(a)\tin the case of an organisation that is a body corporate—a director or an officer of the body corporate; and\n\t(b)\tin any case—\n\t(i)\tan associate member or prospective member (however described) of the organisation; and\n\t(ii)\ta person who identifies himself or herself, in some way, as belonging to the organisation;\norganisation 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;\npersonal details, in relation to a person, means—\n\t(a)\tthe person's full name; and\n\t(b)\tthe person's date of birth; and\n\t(c)\tthe address of where the person is living; and\n\t(d)\tthe address of where the person usually lives; and\n\t(e)\tthe person's business address;\npublic safety order means an order made by a senior police officer under section 23;\nrespondent—\n\t(a)\tin Part 3, means the person to whom a control order or interim control order, or application for such an order, relates; and\n\t(b)\tin Part 6, means the organisation the subject of a corresponding declaration or the person the subject of a corresponding control order (as the case may be);\nsenior police officer means a police officer of or above the rank of inspector;\nserious criminal activity means the commission of serious criminal offences;\nserious criminal offences means—\n\t(a)\tindictable offences (other than indictable offences of a kind prescribed by regulation); or\n\t(b)\tsummary offences of a kind prescribed by regulation; or\n\t(c)\toffences under the law of another jurisdiction consisting of conduct that would, if engaged in in this State, be offences of a kind specified in paragraph (a) or (b).\n4—Objects\n\t(1)\tThe objects of this Act are—\n\t(a)\tto disrupt and restrict the activities of—\n\t(i)\torganisations involved in serious crime; and\n\t(ii)\tthe members and associates of such organisations; and\n\t(b)\tto protect members of the public from violence associated with such criminal organisations.\n\t(2)\tWithout derogating from subsection (1), it is not the intention of the Parliament that the powers in this Act be used in a manner that would diminish the freedom of persons in this State to participate in advocacy, protest, dissent or industrial action.\n5—Standard of proof\n\t(1)\tAny question of fact to be decided by a court in proceedings under this Act is to be decided on the balance of probabilities.\n\t(2)\tThis section does not apply in relation to proceedings for an offence against this Act.\n5A—Criminal intelligence\n\t(1)\tIn any proceedings under this Act before a court, the court—\n\t(a)\tmust, on the application of the Commissioner, take steps to maintain the confidentiality of information properly classified by the Commissioner as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and\n\t(b)\tmay take evidence consisting of or relating to information so classified by the Commissioner by way of affidavit of a police officer of or above the rank of superintendent.\n\t(3)\tThe duties imposed on a court by subsection (1) in relation to proceedings under this Act apply to any court dealing (whether on an appeal under this, or another, Act or otherwise) with information properly classified under this Act as criminal intelligence or with the question of whether information has been properly classified under this Act by the Commissioner as criminal intelligence.\n6—Extra‑territorial operation\nIt is the intention of the Parliament that this Act apply within the State and outside the State to the full extent of the extra‑territorial legislative capacity of the Parliament.\n7—Delegation\nThe Commissioner—\n\t(a)\tmay not delegate the function of classifying information as criminal intelligence for the purposes of this Act except to a Deputy Commissioner or Assistant Commissioner of Police; and\n\t(b)\tmay not delegate any other function or power of the Commissioner under this Act except to a senior police officer.\nPart 2—Declared organisations\n9—Commissioner may apply for declaration\n\t(1)\tThe Commissioner may apply to the Court for a declaration under this Part in relation to an organisation.\n\t(2)\tThe application must—\n\t(a)\tbe in writing; and\n\t(b)\tidentify the particular organisation in respect of which the declaration is sought; and\n\t(c)\tdescribe the nature of the organisation and any of its distinguishing characteristics; and\n\t(d)\tset out the grounds on which the declaration is sought; and\n\t(e)\tset out the information supporting the grounds on which the declaration is sought; and\n\t(f)\tset out details of any previous application for a declaration in respect of the organisation and the outcome of that application; and\n\t(g)\tbe supported by at least 1 affidavit from a police officer, verifying the contents of the application.\n\t(3)\tThe application may identify the organisation by specifying the name of the organisation or the name by which the organisation is commonly known or by providing other particulars identifying the organisation.\n\t(6)\tSubject to subsection (7), the Commissioner must make a copy of an application under this section, and any affidavit supporting the application, available for inspection by—\n\t(a)\tany person who satisfies the Commissioner that he or she is a representative of the organisation; and\n\t(b)\tany person who is alleged in an affidavit supporting the application to be a member or former member of the organisation; and\n\t(c)\tany person who satisfies the Commissioner that he or she is a member or former member of the organisation or other person who may be directly affected (whether or not adversely) by the outcome of the application; and\n\t(d)\tany other person whom the Court considers should be provided with an opportunity to inspect the application and supporting affidavits.\n\t(7)\tNothing in subsection (6) authorises or requires the disclosure of information properly classified by the Commissioner as criminal intelligence.\n10—Publication of notice of application\n\t(1)\tIf the Commissioner makes an application under section 9 in relation to an organisation, the Commissioner must as soon as practicable publish a notice in the Gazette and a newspaper circulating generally throughout the State—\n\t(a)\tspecifying that an application has been made for a declaration under this Part in respect of the organisation; and\n\t(b)\tspecifying that there may be serious consequences for members of the organisation and other persons if the declaration is made; and\n\t(c)\tadvising interested parties of their rights in relation to making or providing submissions to the Court at the hearing of the application; and\n\t(d)\tspecifying the manner in which interested parties may inspect or apply to inspect a copy of the application; and\n\t(e)\tspecifying the date, time and place of the hearing.\n\t(2)\tIn this section—\ninterested party, in relation to an application, means an organisation or person who would, under section 15, be entitled to make an oral submission or provide a written submission to the Court at the hearing of the application.\n11—Court may make declaration\n\t(1)\tThe Court may make a declaration on an application made under this Part in relation to an organisation if satisfied that—\n\t(a)\tmembers of the organisation associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity; and\n\t(b)\tthe organisation represents a risk to public safety and order in this State.\n\t(2)\tIn considering whether or not to make a declaration, the Court may have regard to the following:\n\t(a)\tinformation suggesting that a link exists between the organisation and serious criminal activity;\n\t(b)\tany convictions recorded against—\n\t(i)\tcurrent or former members of the organisation; or\n\t(ii)\tpersons who associate, or have associated, with members of the organisation;\n\t(c)\tinformation suggesting that—\n\t(i)\tcurrent or former members of the organisation; or\n\t(ii)\tpersons who associate, or have associated, with members of the organisation,\nhave been, or are, involved in serious criminal activity, whether directly or indirectly and whether or not the involvement resulted in convictions;\n\t(d)\tinformation suggesting that members of an interstate or overseas chapter or branch of the organisation (however described) associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity;\n\t(e)\tanything else the Court considers relevant.\n\t(3)\tA declaration may be made whether or not any of the persons who are entitled to make or provide submissions in relation to the application take advantage of that opportunity.\n\t(4)\tMembers of an organisation may associate for the purposes of this section in any manner including merely by being members of the organisation.\n\t(5)\tThe Court may, for the purposes of making the declaration, be satisfied that members of the organisation associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity—\n\t(a)\twhether all the members associate for that purpose or only some of the members; and\n\t(b)\twhether members associate for that purpose in relation to the same serious criminal activity or different serious criminal activity; and\n\t(c)\twhether or not the members also associate for other purposes.\n12—Notice of declaration\n\t(1)\tAs soon as practicable after the making of a declaration under this Part, the Commissioner must publish notice of the declaration in the Gazette and in a newspaper circulating generally throughout the State.\n\t(2)\tUnless the Court otherwise directs, the declaration is of no effect until notice of it is published under subsection (1).\n13—Duration of declaration\nA declaration made under this Part remains in force unless and until it is revoked in accordance with this Part.\n14—Revocation of declaration\n\t(1)\tThe Court may, at any time, revoke a declaration made under this Part in relation to an organisation on application—\n\t(a)\tby the Commissioner; or\n\t(b)\tby—\n\t(i)\tthe organisation; or\n\t(ii)\ta person who made or provided submissions in relation to the application for the declaration; or\n\t(iii)\twith the permission of the Court—\n\t(A)\tany other member or former member of the organisation or person directly affected (whether or not adversely) by the declaration; or\n\t(B)\tany other person whom the Court considers should, in the interests of justice, be entitled to make the application.\n\t(2)\tAn application may not be made under subsection (1)(b) except with the permission of the Court if—\n\t(a)\tan application has been made in relation to the organisation under that paragraph (whether by the same or a different applicant) within the preceding period of 12 months; or\n\t(b)\tan application has been made in relation to the organisation under that paragraph (whether by the same or a different applicant) and that application has not been finally determined.\n\t(3)\tAn application under subsection (1) must—\n\t(a)\tbe in writing; and\n\t(b)\tset out the grounds on which revocation is sought; and\n\t(c)\tset out the information supporting the grounds on which revocation is sought; and\n\t(d)\tbe supported by at least 1 affidavit from the applicant verifying the contents of the application.\n\t(6)\tIf an application is made under subsection (1)(b), the applicant must, as soon as practicable, serve on the Commissioner a copy of the application and any supporting affidavit.\n\t(7)\tIf an application is made under subsection (1), the Commissioner must, as soon as practicable, publish a notice in the Gazette and a newspaper circulating generally throughout the State—\n\t(a)\tspecifying that an application has been made for revocation of a declaration under this Part in respect of the organisation; and\n\t(b)\tadvising interested parties of their rights in relation to making or providing submissions to the Court at the hearing of the application; and\n\t(c)\tspecifying the manner in which interested parties may inspect or apply to inspect a copy of the application; and\n\t(d)\tspecifying the date, time and place of the hearing.\n\t(9)\tA declaration may be revoked on an application under subsection (1) if the Court is satisfied that, as at the time at which the application for revocation is made and heard, there would not be grounds for the making of a declaration in relation to the organisation.\n\t(10)\tThe Commissioner must, as soon as practicable after a declaration is revoked—\n\t(a)\tmake reasonable efforts to give notice of the revocation to any person who made or provided a submission in relation to the making of the declaration; and\n\t(b)\tpublish notice of the revocation in the Gazette and in a newspaper circulating generally throughout the State.\n\t(11)\tIn this section—\ninterested party, in relation to an application, means an organisation or person who would, under section 15, be entitled to make an oral submission or provide a written submission to the Court at the hearing of the application.\n15—Procedure at hearings\n\t(1)\tAt the hearing of an application under this Part, the following are entitled to make oral submissions, personally or through a legal representative, to the Court and, with the permission of the Court, to provide, in accordance with any requirements of the Court, written submissions:\n\t(a)\tthe Commissioner;\n\t(b)\tthe organisation to which the application relates;\n\t(c)\tany person who is alleged in an affidavit supporting the application to be a member or former member of the organisation;\n\t(d)\tany person who is a member or former member of the organisation or other person who may be directly affected (whether or not adversely) by the outcome of the application;\n\t(e)\tany other person whom the Court considers should, in the interests of justice, be entitled to make submissions.\n\t(2)\tA person or organisation referred to in subsection (1) who is not the applicant (an interested party) may, in accordance with any requirements of the Court, file with the Court 1 or more affidavits in response to the application.\n\t(3)\tThe applicant may, with the permission of the Court, file with the Court 1 or more affidavits in response to any affidavit filed by an interested party.\n\t(4)\tAt the hearing of an application under this Part, the applicant or an interested party may adduce oral evidence, or cross‑examine a person who has given oral evidence or provided an affidavit, if the Court considers, on application, or on its own initiative, that it is in the interests of justice to permit the evidence or the cross‑examination.\n\t(5)\tIf the applicant or an interested party applies to adduce oral evidence or cross‑examine a person who has given oral evidence or provided an affidavit, the Court may, before deciding whether to allow the evidence or to allow the cross‑examination, require the applicant or interested party to file a notice of contention specifying fully and in detail the grounds on which the application is made.\n17—Making of subsequent declaration\nFor the avoidance of doubt, nothing prevents the making of a declaration in relation to an organisation that has been the subject of a previous declaration which has been revoked.\n18—Practice and procedure\nIn proceedings under this Part, the Court—\n\t(a)\tis not bound by the rules of evidence but may inform itself on any matter as it thinks fit; and\n\t(b)\tmust act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms.\n19—Appeal\nThe commencement of an appeal under the Supreme Court Act 1935 against a declaration made under this Part does not, of itself, affect the operation of the declaration to which the appeal relates.\n20—Change of name etc\n\t(1)\tA change in the name or membership of a declared organisation does not affect the organisation's status as a declared organisation.\n\t(2)\tIf the members of a declared organisation substantially re‑form themselves into another organisation, that organisation is taken to form a part of the declared organisation (whether or not the organisation named in the declaration is dissolved).\n21—Evidentiary\nIn any proceedings before a court, an apparently genuine document purporting to be signed by the Commissioner and to certify that a specified organisation was, on a specified date, a declared organisation constitutes, in the absence of proof to the contrary, proof of the matter so certified.\nPart 3—Control orders\n22—Court may make control order\n\t(1)\tThe Commissioner may apply to the Court for the making of a control order relating to a person (the respondent).\n\t(2)\tThe Court may, on application by the Commissioner, make a control order relating to the respondent if the Court is satisfied that—\n\t(a)\tthe respondent is a member of a declared organisation; or\n\t(b)\tthe respondent—\n\t(i)\thas been a member of an organisation which, at the time of the application, is a declared organisation; or\n\t(ii)\tengages, or has engaged, in serious criminal activity,\nand associates or has associated with a member of a declared organisation; or\n\t(c)\tthe respondent engages, or has engaged, in serious criminal activity and associates or has associated with other persons who engage, or have engaged, in serious criminal activity,\nand that the making of the order is appropriate in the circumstances.\n\t(3)\tIn proceedings under this section—\n\t(a)\tthe Commissioner and the respondent are parties to the proceedings; but\n\t(b)\tthe Court may, if satisfied that the application has been served on the respondent, hear and determine the proceedings whether or not the respondent chooses to participate in the hearing.\n\t(4)\tIf the Commissioner requests the making of an interim control order without notice to the respondent under section 22A, the Court may order that service of the application (and any material to be served with the application) on the respondent under this section be delayed until the Court has determined that request.\n\t(5)\tA control order may prohibit the respondent from any 1 or more of the following:\n\t(a)\tassociating with a specified person or persons of a specified class;\n\t(b)\tholding an authorisation to carry on a prescribed activity while the control order remains in force;\n\t(c)\tbeing present at, or being in the vicinity of, a specified place or premises or a place or premises of a specified class;\n\t(d)\tpossessing a specified article or weapon, or articles or weapons of a specified class;\n\t(e)\tcarrying on his or her person more than a specified amount of cash;\n\t(f)\tusing for communication purposes, or being in possession of, a telephone, mobile phone, computer or other communication device except as may be specified;\n\t(g)\tengaging in other conduct of a specified kind that the Court considers could be relevant to the commission of serious criminal offences.\n\t(6)\tIf the Court prohibits a respondent from holding an authorisation to carry on a prescribed activity—\n\t(a)\tany such authorisation held by the respondent is revoked from the date on which the control order takes effect or a later date specified by the Court; and\n\t(b)\tif the revocation is to take effect on a later date—the Court may impose any further prohibition it thinks fit on the respondent in relation to the conduct of the activity to which the authorisation relates until the revocation takes effect; and\n\t(c)\tthe revocation is effected despite any other Act or any law, award or industrial or other agreement affecting the employment of the respondent, and neither the Crown nor the authority that issues an authorisation incurs any liability because of the revocation.\n\t(7)\tIn determining an application for a control order, the Court may have regard to the following:\n\t(a)\twhether the respondent's behaviour, or history of behaviour, suggests that there is a risk that the respondent will engage in serious criminal activity;\n\t(ab)\tthe reasons given by the Court for the making of any relevant declaration;\n\t(b)\tthe extent to which the order might assist in preventing the respondent from engaging in serious criminal activity;\n\t(c)\tthe prior criminal record (if any) of the respondent and any person specified in the application as a person with whom the respondent associates or has associated;\n\t(d)\tany legitimate reason the respondent may have for associating with any person specified in the application;\n\t(e)\tany other matter that, in the circumstances of the case, the Court considers relevant.\n\t(8)\tFor the purposes of this section, a person may associate with another person by any means including communicating with that person by letter, telephone or fax or by email or other electronic means.\n\t(9)\tIn this section—\nauthorisation includes the licensing, registration, approval, certification or any other form of authorisation required by or under legislation for the carrying on of an occupation or activity;\noccupation means an occupation, trade, profession or calling of any kind that may only be carried on by a person holding an authorisation;\nprescribed activity means an occupation or activity of a kind prescribed by regulation for the purposes of this definition.\n22A—Interim control orders\n\t(1)\tThe Court may, on an application under section 22, make an interim control order if the Court is satisfied that it is appropriate to do so in all of the circumstances.\n\t(2)\tAn interim control order—\n\t(a)\tmay be made without notice to the respondent; and\n\t(b)\tmay include any prohibition that may be included in a control order.\n\t(3)\tSection 22(6) applies in relation to an interim control order as if it were a control order.\n22B—Duration of control order or interim control order\n\t(1)\tA control order or interim control order takes effect—\n\t(a)\tif the respondent or a legal representative of the respondent is present when the order is made—on the making of the order; or\n\t(b)\totherwise—when the Commissioner serves the order on the respondent.\n\t(2)\tService under subsection (1)(b) must be by personal service.\n\t(3)\tSubject to section 22H, a control order remains in force—\n\t(a)\tfor the period of time (if any) specified in the order; or\n\t(b)\tuntil the order is revoked in accordance with section 22C,\n(whichever occurs first).\n\t(4)\tSubject to sections 22D and 22H, an interim control order remains in force for the period specified in the order and any further period specified by the Court.\n22C—Variation or revocation\n\t(1)\tThe Court may make an order varying a control order (a variation order) or revoking a control order (a revocation order) on application—\n\t(a)\tby the Commissioner; or\n\t(b)\tby the respondent.\n\t(2)\tAn application may only be made under subsection (1)(b) with the permission of the Court.\n\t(4)\tSubject to this section, in proceedings for the variation or revocation of a control order—\n\t(a)\tthe Commissioner and the respondent are parties to the proceedings; but\n\t(b)\tin the case of an application under subsection (1)(a), the Court may, if satisfied that the application has been served on the respondent, hear and determine the proceedings whether or not the respondent chooses to participate in the hearing.\n\t(5)\tThe Court may make an interim variation order if the Court is satisfied that it is appropriate to do so in all of the circumstances.\n\t(6)\tAn interim variation order—\n\t(a)\tmay be made without notice to the respondent; and\n\t(b)\tremains in force until further order of the Court.\n\t(7)\tIn determining an application under this section the Court may have regard to the same matters that the Court may have regard to in determining an application for a control order.\n\t(8)\tIf a revocation order is made, or a variation order is made on application under subsection (1)(b), the revocation or variation order has effect immediately on the making of the order or at such later time as may be specified by the Court in making the order.\n\t(9)\tIf a variation order or interim variation order is made on application under subsection (1)(a), the order has effect—\n\t(a)\tif the respondent or a legal representative of the respondent is present when the variation order or interim variation order is made—on the making of the order; or\n\t(b)\totherwise—when the Commissioner serves the order on the respondent.\n\t(10)\tService under subsection (9)(b) must be by personal service.\n22D—Right to object if interim order made ex parte\n\t(1)\tThis section only applies if an interim control order or interim variation order has been made without notice to the respondent.\n\t(2)\tThe respondent may, within 14 days of service of the interim control order or interim variation order or such longer period as the Court may allow, lodge a notice of objection with the Court.\n\t(3)\tA copy of the notice of objection must be served by the respondent on the Commissioner by registered post.\n\t(5)\tThe Court may, on hearing a notice of objection, confirm, vary or revoke the interim control order or interim variation order.\n22E—Consequential and ancillary orders\n\t(1)\tThe Court may, on making a control order or variation order or an interim control order or variation order, make any consequential or ancillary orders it thinks fit, including, in a case where the order prohibits the possession of an article or weapon or an article or weapon of a specified class, orders—\n\t(a)\tproviding for the surrender or confiscation of the article or weapon or such an article or weapon; and\n\t(b)\tif the circumstances of the case so require, authorising a police officer—\n\t(i)\tto enter and search and, if necessary, use reasonable force to break into or open—\n\t(A)\tpremises or a vehicle in which the article or weapon, or such an article or weapon is suspected to be; or\n\t(B)\tpart of, or anything in or on, premises or a vehicle in which the article or weapon, or such an article or weapon is suspected to be; and\n\t(ii)\tto take possession of the article or weapon, or such an article or weapon.\n\t(2)\tAn article or weapon surrendered or confiscated under subsection (1) is forfeited to the Crown and may be sold or disposed of as the Minister thinks fit unless the Court orders that the article or weapon is to be returned to the respondent when the control order or interim control order lapses or is revoked.\n22F—Appeal\nThe commencement of an appeal under the Supreme Court Act 1935 against an order made under this Part does not, of itself, affect the operation of the order to which the appeal relates.\n22G—Evidentiary\n\t(1)\tSubject to this section, in any proceedings under this Part—\n\t(a)\ttranscripts of evidence or documents tendered in evidence, or material otherwise relied on by a court, in proceedings in which a person has been convicted of an offence; and\n\t(b)\tevidence or documents relating to the factual basis on which a person was convicted and sentenced for an offence,\nwill be admissible, and the Court may draw any conclusions of fact that it considers proper from the evidence, document or other material.\n\t(2)\tSubject to this section, in any proceedings under this Part, an apparently genuine document purporting to be a police record of a person's antecedents or criminal history will be admissible without further proof as evidence of the facts referred to in the document, or to be inferred from the document.\n\t(3)\tAn affidavit of a police officer of or above the rank of superintendent will be admissible in evidence for the purpose of proving that evidence, a document or other material is of a kind referred to in subsection (1) or (2).\n\t(4)\tEvidence, a document or other material will not be admitted in evidence under subsection (1) or (2) if the Court is of the opinion—\n\t(a)\tthat the person by whom, or at whose direction, the evidence, document or material was prepared can and should be called by the party tendering the evidence, document or material to give evidence of the matters contained in the evidence, document or material; or\n\t(b)\tthat the evidentiary weight of the evidence, document or material is slight and is outweighed by the prejudice that might result to any of the parties from the admission of the evidence, document or material in evidence; or\n\t(c)\tthat it would be otherwise contrary to the interests of justice to admit the evidence, document or material in evidence.\n\t(5)\tIn any proceedings under this Part, an apparently genuine document purporting to be remarks made by a court in—\n\t(a)\tsentencing a person for an offence; or\n\t(b)\tgiving reasons for upholding or dismissing an appeal—\n\t(i)\tagainst a sentence for an offence; or\n\t(ii)\tagainst a conviction for an offence where the conviction is upheld,\nas to the facts which the court accepts or finds to have been established in the proceedings for the offence will be admissible without further proof, if relevant to an issue in the proceedings, as evidence of those facts.\n\t(6)\tIn determining whether to admit any material in evidence under this section, the Court may receive evidence by affidavit of any matter pertaining to the admission of that material.\n\t(7)\tFor the purpose of determining the evidentiary weight, if any, of material admitted in evidence under this section, consideration may be given to the source from which the material was produced, the safeguards (if any) that have been taken to ensure its accuracy, and any other relevant matters.\n\t(8)\tNothing in this section limits the material that might be admissible in proceedings under this Part.\n22H—Automatic revocation of order\nWithout derogating from any power of the Court under this Part, if a control order or interim control order is made in relation to a person in reliance on the person's membership of a particular declared organisation or the person's association with a member of a particular declared organisation, the order is revoked when the declaration for the declared organisation is no longer in force.\n22I—Offence to contravene or fail to comply with control order\n\t(1)\tA person who contravenes or fails to comply with a control order or interim control order is guilty of an offence.\nMaximum penalty: Imprisonment for 5 years.\n\t(2)\tA person does not commit an offence against this section in respect of an act or omission unless the person knew that the act or omission constituted a contravention of, or failure to comply with, the order or was reckless as to that fact.\nPart 4—Public safety orders\nDivision 1—Making of public safety orders\n23—Senior police officer may make public safety order\n\t(1)\tA senior police officer may make an order (a public safety order) in respect of a person or a class of persons if satisfied that—\n\t(a)\tthe presence of the person, or of persons of that class, at any premises or event, or within an area, poses a serious risk to public safety or security; and\n\t(b)\tthe making of the order is appropriate in the circumstances. \n\t(2)\tIn considering whether or not to make a public safety order in relation to a person or class of persons, the senior police officer must have regard to the following:\n\t(a)\twhether the person or members of the class of persons have previously behaved in a way that posed a serious risk to public safety or security or have a history of engaging in serious criminal activity;\n\t(b)\twhether the person or members of the class of persons—\n\t(i)\tare, or have been, members of a declared organisation; or\n\t(ia)\tare, or have been, participants in a street gang; or\n\t(ii)\tare, or have been, subject to control orders under this Act or street gang control orders under Part 3BA of the Criminal Law Consolidation Act 1935; or\n\t(iii)\tassociate, or have associated, with members of a declared organisation, participants in a street gang or persons subject to control orders under this Act or street gang control orders under Part 3BA of the Criminal Law Consolidation Act 1935;\n\t(c)\tif advocacy, protest, dissent or industrial action is the likely reason for the person or members of the class of persons being present at the relevant premises or event, or within the relevant area—the public interest in maintaining freedom to participate in such activities;\n\t(d)\twhether the degree of risk involved justifies the imposition of the prohibitions to be specified in the order (having regard, in particular, to any legitimate reason the person or members of the class of persons may have for being present at the relevant premises or event, or within the relevant area);\n\t(e)\tthe extent to which the making of the order will mitigate any risk to public safety or security;\n\t(f)\tthe extent to which the order is necessary having regard to other measures reasonably available to mitigate the risk;\n\t(g)\tany other matters the officer thinks fit.\n\t(3)\tA public safety order may prohibit a specified person or specified class of persons from—\n\t(a)\tentering or being on specified premises; or\n\t(b)\tattending a specified event; or\n\t(c)\tentering or being within a specified area.\n\t(4)\tIf a public safety order prohibits attendance at a specified event, the order—\n\t(a)\tmay, in specifying the event, include associated events or activities (provided that the associated events or activities occur on the same day as the principal event or part of the principal event); and\n\t(b)\tmust define the area or areas in which the event takes place for the purposes of the order; and\n\t(c)\tmust define when the event is taken to start and finish for the purposes of the order.\n\t(5)\tDespite any other provision of this section, a senior police officer must not make a public safety order that would prohibit a person or class of persons from being present at any premises or event, or within an area, if—\n\t(a)\tthose persons are members of an organisation formed for, or whose primary purpose is, non‑violent advocacy, protest, dissent or industrial action; and\n\t(b)\tthe officer believes that advocacy, protest, dissent or industrial action is the likely reason for those persons to be present at the premises or event or within the area.\n\t(6)\tSubject to section 25, a public safety order operates for the period specified in the order.\n\t(7)\tA public safety order may prohibit a person from entering premises or being on premises, whether or not the person has a legal or equitable interest in the premises, but must not prohibit a person from entering premises or being on premises that are the person's principal place of residence.\n\t(8)\tFor the purposes of this section, the presence of a person or persons at premises or an event or within an area poses a serious risk to public safety or security if there is a serious risk that the presence of the person or persons might result in—\n\t(a)\tthe death of, or serious physical harm to, a person; or\n\t(b)\tserious damage to property.\n\t(9)\tIn this section—\ndamage, in relation to property, includes the following:\n\t(a)\tdestruction of the property;\n\t(b)\tan alteration to the property that depreciates its value;\n\t(c)\trendering the property useless or inoperative;\n\t(d)\tin relation to an animal—injuring, wounding or killing the animal;\nparticipant in a street gang has the same meaning as in Part 3BA of the Criminal Law Consolidation Act 1935;\nstreet gang has the same meaning as in Part 3BA of the Criminal Law Consolidation Act 1935.\n24—Variation and revocation of public safety order\nA public safety order may be varied or revoked by a senior police officer at any time and must be revoked if the Commissioner is satisfied that the grounds for making the order no longer exist.\n25—Certain variations and orders must be authorised by Court\n\t(1)\tDespite any other provision of this Division, a senior police officer must not—\n\t(a)\tmake a public safety order that would operate for a period of more than 72 hours or, in the case of a public safety order relating to a specified event that occurs over a period in excess of 72 hours, the total duration of the event; or\n\t(b)\tvary a public safety order so that it operates for a period of more than 72 hours or, in the case of a public safety order relating to a specified event that occurs over a period in excess of 72 hours, the total duration of the event; or\n\t(c)\tmake a public safety order relating to a person (other than a person who is a member of a declared organisation) if that person has, within the immediately preceding period of 72 hours, been subject to another public safety order,\nunless authorised by order of the Court under this section.\n\t(2)\tA senior police officer may apply to the Court for an order (an authorisation order) authorising the senior police officer to make—\n\t(a)\ta public safety order; or\n\t(b)\ta variation to a public safety order,\nof a kind specified in subsection (1).\n\t(3)\tAn authorisation order may be made by the Court on an application made without notice to any person.\n\t(4)\tThe grounds of an application for an authorisation order must be verified by affidavit.\n\t(5)\tAn application to the Court for an authorisation order may be made and dealt with by a Magistrate by telephone as follows:\n\t(a)\tthe applicant must inform the Magistrate—\n\t(i)\tof the applicant's name and rank; and\n\t(ii)\tthat he or she is a senior police officer,\nand the Magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant is authorised to make an application under this section;\n\t(b)\tthe Magistrate must satisfy himself or herself (as far as practicable) that the case is of sufficient urgency to justify dealing with the application without requiring the personal attendance of the applicant, by the oral questioning of the applicant and any other available witnesses by telephone;\n\t(c)\tif the Magistrate is not satisfied that it is appropriate to deal with the application without requiring the personal attendance of the applicant, the Magistrate may adjourn the hearing of the application to a time and place fixed by the Magistrate and inform the applicant of the time and place so fixed;\n\t(d)\tif the Magistrate is satisfied that it is appropriate to deal with the application without requiring the personal attendance of the applicant, the applicant must inform the Magistrate of the grounds on which the applicant proposes to make the order or the variation;\n\t(e)\tif the Magistrate is then satisfied that it is appropriate for the applicant to make the order or variation, the Magistrate must inform the applicant of the facts that justify, in his or her opinion, the making of the order or variation, and must not proceed to make the order authorising the order or variation unless the applicant undertakes to make an affidavit verifying those facts;\n\t(f)\tif the applicant gives such an undertaking, the Magistrate may then make the order, noting on the order the facts that justify, in the view of the Magistrate, the making of the order or variation and informing the applicant of the terms of the order;\n\t(g)\tthe applicant must, as soon as practicable after the making of the order, forward to the Magistrate an affidavit verifying the facts referred to in paragraph (e);\n\t(h)\tthe Magistrate must, as soon as practicable after the making of the authorisation order, forward to the applicant a copy of the order.\n\t(6)\tA Magistrate who makes an authorisation order under subsection (5) must file the order, or a copy of the order, and the affidavit forwarded by the applicant, in the Court.\n\t(7)\tAn authorisation order must specify the maximum period for which the relevant public safety order (as made or varied in accordance with the authorisation order) may operate.\n26—Right of objection\n\t(1)\tIf the period for which a public safety order (as made or varied) will operate is more than 7 days, a person bound by the public safety order may lodge a notice of objection with the Court—\n\t(a)\tbefore the end of the period for which the order, or the order as so varied, operates; or\n\t(b)\twithin 14 days of the date on which the order, or the order as so varied, became binding on the person,\nwhichever occurs first.\n\t(2)\tThe grounds of the objection must be stated fully and in detail in the notice of objection.\n\t(3)\tA copy of the notice of objection must be served by the objector on the Commissioner by registered post at least 2 days before the day appointed for hearing of the notice.\n27—Procedure on hearing of notice of objection\n\t(1)\tThe Court must, when determining a notice of objection, consider whether, in the light of the evidence presented by both the Commissioner and the objector, sufficient grounds existed for the making of the public safety order, any variations made to the public safety order and any relevant authorisation order.\n\t(2)\tThe Court may, on hearing a notice of objection—\n\t(a)\tconfirm, vary or rescind the public safety order; and\n\t(b)\tmake consequential or ancillary orders.\n28—Appeals to Supreme Court\n\t(1)\tThe Commissioner may appeal to the Supreme Court against a decision of the Court on an application under section 25.\n\t(2)\tThe Commissioner or an objector may appeal to the Supreme Court against a decision of the Court on a notice of objection.\n\t(3)\tAn appeal lies as of right on a question of law and with permission on a question of fact.\n\t(4)\tAn appeal must be commenced within the time, and in accordance with the procedure, prescribed by rules of the Supreme Court.\n\t(5)\tThe commencement of an appeal under subsection (2) does not affect the operation of the public safety order to which the notice of objection related.\n\t(6)\tOn an appeal the Supreme Court may—\n\t(a)\tconfirm, vary or reverse the decision subject to appeal; and\n\t(b)\tmake consequential or ancillary orders.\n29—Disclosure of reasons and criminal intelligence\n\t(1)\tSubject to section 30, if a senior police officer decides to make, vary or revoke a public safety order, the officer is not required to provide any grounds or reasons for the decision to a person affected by the decision.\n\t(2)\tInformation forming the basis for the making, variation or revocation of a public safety order must not be disclosed to any person (except to the Attorney‑General, a court or a person to whom the Commissioner authorises its disclosure) if, at the time at which the question of disclosure is to be determined, the information is properly classified by the Commissioner as criminal intelligence (whether or not the information was so classified at the time at which the public safety order was made, varied or revoked).\nDivision 2—Service and notification\n30—Service and notification\n\t(1)\tIf a public safety order is made or varied by a senior police officer, the senior police officer must ensure that—\n\t(a)\ta copy of the order as so made or varied; and\n\t(b)\ta notification in accordance with this section,\nis served by personal service on each person to whom the order relates.\n\t(2)\tThe notification accompanying the order—\n\t(a)\tmust be in writing; and\n\t(b)\tmust specify the date on which the order or variation was made; and\n\t(c)\tif the order as so made or varied is one to which section 26 applies—\n\t(i)\tsubject to subsection (3), must include a statement of the grounds on which the public safety order, any variations made to the public safety order and any relevant authorisation order was made; and\n\t(ii)\tinclude an explanation of the right of objection under section 26.\n\t(3)\tA statement of the grounds on which a public safety order, variations to a public safety order or an authorisation order has been made must not contain information that must not be disclosed in accordance with section 29.\n\t(6)\tA public safety order (as made or varied) is not binding on a person to whom the order relates unless the order and notification have been served on that person in accordance with this section.\n\t(7)\tOnce a public safety order and notification have been served on a person in accordance with this section, the order is binding on the person, regardless of whether any other person or persons to whom the order relates have been so served.\n31—Urgent orders\n\t(1)\tDespite section 30, if a police officer is satisfied that a public safety order (as made or varied) should become binding on a person as a matter of urgency—\n\t(a)\tthe officer may communicate the contents of the order, or the order as so varied, verbally to any person to whom the order relates and advise such person of the place at which the person may obtain a written copy of the order and a notification in accordance with this section; and\n\t(b)\ton the information described in paragraph (a) being communicated to the person, the order, or the order as so varied, will be binding on the person.\n\t(2)\tThe police officer who verbally communicates the order to the person must ensure that—\n\t(a)\ta copy of the order; and\n\t(b)\tthe notification that would have been required to accompany the order if the order had been served on the person in accordance with section 30,\nis available for collection by the person at the place referred to in subsection (1)(a) (during the ordinary business hours applicable to that place) on the next business day following the day on which the order was communicated to the person.\nDivision 3—Enforcement and evidentiary provisions\n32—Offence to contravene or fail to comply with public safety order\n\t(1)\tA person who contravenes or fails to comply with a public safety order is guilty of an offence.\nMaximum penalty: Imprisonment for 5 years.\n\t(2)\tA person does not commit an offence against this section in respect of an act or omission unless the person knew that the act or omission constituted a contravention of, or failure to comply with, the order or was reckless as to that fact.\n\t(3)\tIf a public safety order prohibits a person from entering or being within a specified area, it is a defence to a prosecution for an offence against this section to prove that the defendant had a reasonable excuse for entering or being within the specified area.\n33—Power to search premises and vehicles\n\t(1)\tA police officer may search—\n\t(a)\tpremises specified in a public safety order; or\n\t(b)\tpremises in which an event specified in a public safety order is being held; or\n\t(c)\tpremises situated within an area specified in a public safety order,\nif the officer suspects on reasonable grounds that a person to whom the public safety order relates is within the premises.\n\t(2)\tA police officer may stop and search a vehicle, and anything in the vehicle, if the officer suspects on reasonable grounds that—\n\t(a)\ta person within the vehicle is a person to whom a public safety order relates; and\n\t(b)\tthe vehicle is approaching, is in, or has recently left, any premises, event or area specified in the public safety order.\n\t(3)\tA police officer may detain a vehicle for so long as is reasonably necessary to conduct a search under this section.\n\t(4)\tA police officer may detain a person who is in a vehicle stopped under this section for as long as is reasonably necessary to conduct a search under this section (and that action does not, by itself, constitute an arrest of the person).\n\t(5)\tA person must not, without reasonable excuse, fail or refuse to comply with a requirement made by a police officer for the purposes of this section.\nMaximum penalty: Imprisonment for 5 years.\n33A—Principles of equity and good conscience\nIn proceedings under this Part, other than for an offence, a court—\n\t(a)\tis not bound by the rules of evidence but may inform itself as the court thinks fit; and\n\t(b)\tmust act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms.\n34—Evidentiary\nIn any legal proceedings, an apparently genuine document purporting to be a public safety order is, in the absence of proof to the contrary, proof of the order and its terms.\nPart 5—Offences\n34A—Permitting premises to be habitually used as place of resort by members of declared organisation\n\t(1)\tA person who is the owner, occupier or lessee of any premises must not knowingly permit those premises to be habitually used as a place of resort by members of a declared organisation.\nMaximum penalty: Imprisonment for 2 years.\n\t(2)\tA person must not be knowingly concerned in the management of any premises habitually used as a place of resort by members of a declared organisation.\nMaximum penalty: Imprisonment for 2 years.\n\t(3)\tIn proceedings for an offence against subsection (1), a person who—\n\t(a)\tis the owner, occupier or lessee of any premises habitually used as a place of resort by members of a declared organisation; and\n\t(b)\tis a member of the declared organisation,\nis presumed, in the absence of proof to the contrary, to knowingly permit those premises to be habitually used as a place of resort by members of the declared organisation.\n\t(4)\tIn proceedings for an offence against subsection (2), a person who—\n\t(a)\tis concerned in the management of any premises habitually used as a place of resort by members of a declared organisation; and\n\t(b)\tis a member of the declared organisation,\nis presumed, in the absence of proof to the contrary, to be knowingly concerned in the management of those premises.\n\t(5)\tIn this section—\nowner, in relation to premises, includes—\n\t(a)\ta person entitled to receive rent paid in respect of the premises; and\n\t(b)\ta person to whom the rent in respect of the premises is paid.\n34B—Recruiting person to become member of declared organisation\n\t(1)\tA person commits an offence if the person is a member of a declared organisation or is subject to a control order or interim control order and the person—\n\t(a)\trecruits, or attempts to recruit, anyone to become a member of a declared organisation; or\n\t(b)\tencourages anyone to associate with another person who is a member of a declared organisation.\nMaximum penalty: Imprisonment for 5 years.\n\t(2)\tA person does not commit an offence against subsection (1) unless the person knew—\n\t(a)\tin the case of an offence against subsection (1)(a)—that the organisation was a declared organisation; or\n\t(b)\tin the case of an offence against subsection (1)(b)—that the other person was a member of a declared organisation,\nor was reckless as to that fact.\n35—Criminal associations\n\t(1)\tA person who associates, on not less than 6 occasions during a period of 12 months, with a person who is—\n\t(a)\ta member of a declared organisation; or\n\t(b)\tthe subject of a control order,\nis guilty of an offence.\nMaximum penalty: Imprisonment for 5 years.\n\t(2)\tA person does not commit an offence against subsection (1) unless, on each occasion on which it is alleged that the person associated with another, the person knew that the other was—\n\t(a)\ta member of a declared organisation; or\n\t(b)\ta person the subject of a control order,\nor was reckless as to that fact.\n\t(3)\tA person who—\n\t(a)\thas a criminal conviction (against the law of this State or another jurisdiction) of a kind prescribed by regulation; and\n\t(b)\tassociates, on not less than 6 occasions during a period of 12 months, with another person who has such a criminal conviction,\nis guilty of an offence.\nMaximum penalty: Imprisonment for 5 years.\n\t(4)\tA person does not commit an offence against subsection (3) unless, on each occasion on which it is alleged that the person associated with another, the person knew that the other had the relevant criminal conviction or was reckless as to that fact.\n\t(5)\tA person may be guilty of an offence against subsection (1) or (3) in respect of associations with the same person or with different people.\n\t(6)\tThe following forms of associations will be disregarded for the purposes of this section unless the prosecution proves that the association was not reasonable in the circumstances:\n\t(a)\tassociations between close family members;\n\t(b)\tassociations occurring in the course of a lawful occupation, business or profession;\n\t(c)\tassociations occurring at a course of training or education of a prescribed kind between persons enrolled in the course;\n\t(d)\tassociations occurring at a rehabilitation, counselling or therapy session of a prescribed kind;\n\t(e)\tassociations occurring in lawful custody or in the course of complying with a court order;\n\t(f)\tassociations of a prescribed kind.\n\t(7)\tWithout derogating from subsection (6) but subject to subsection (8), a court hearing a charge of an offence against this section may determine that an association will be disregarded for the purposes of this section if the defendant proves that he or she had a reasonable excuse for the association.\n\t(8)\tIn proceedings for an offence against this section, subsection (7) does not apply to an association if, at the time of the association, the defendant—\n\t(a)\twas a member of a declared organisation; or\n\t(b)\twas a person the subject of a control order; or\n\t(c)\thad a criminal conviction (against the law of this State or another jurisdiction) of a kind prescribed for the purposes of subsection (3).\n\t(9)\tFor the avoidance of doubt, in proceedings for an offence against this section, it is not necessary for the prosecution to prove that the defendant associated with another person for any particular purpose or that the association would have led to the commission of any offence.\n\t(10)\tIf a police officer has reasonable cause to suspect that 2 people are or have been associating with each other and that at least 1 of those people is—\n\t(a)\ta member of a declared organisation; or\n\t(b)\tthe subject of a control order; or\n\t(c)\ta person who has a criminal conviction referred to in subsection (3),\nthe police officer may require 1 or both of those people to state all or any of their personal details.\n\t(11)\tFor the purposes of this section—\n\t(a)\ta person may associate with another person by any means including communicating with that person by letter, telephone or facsimile or by email or other electronic means; and\n\t(b)\ta person is a close family member of another person if—\n\t(i)\t1 is a spouse or former spouse of the other or is, or has been, in a close personal relationship with the other; or\n\t(ii)\t1 is a parent or grandparent of the other (whether by blood or by marriage); or\n\t(iii)\t1 is a brother or sister of the other (whether by blood or by marriage); or\n\t(iv)\t1 is a guardian or carer of the other.\n\t(12)\tIn this section—\nclose personal relationship has the same meaning as in Part 3 of the Family Relationships Act 1975;\nspouse—a person is the spouse of another if they are legally married.\n36—Provision of personal details\n\t(1)\tIf a police officer has reasonable cause to suspect that a personal detail as stated in response to a requirement under this Act is false, the officer may require the person making the statement to produce evidence of the correctness of the personal detail as stated.\n\t(2)\tA person who—\n\t(a)\trefuses or fails, without reasonable excuse, to comply with—\n\t(i)\ta requirement under this Act to state his or her personal details; or\n\t(ii)\ta requirement under subsection (1); or\n\t(b)\tin response to such a requirement—\n\t(i)\tstates a personal detail that is false; or\n\t(ii)\tproduces false evidence of a personal detail,\nis guilty of an offence.\nMaximum penalty: Imprisonment for 5 years.\n\t(3)\tA police officer who has required a person to state all or any of the person's personal details under this Act is required to comply with a request to identify himself or herself, by—\n\t(a)\tproducing his or her police identification; or\n\t(b)\tstating orally or in writing his or her surname, rank and identification number.\nPart 6—Corresponding orders\nDivision 1—Preliminary\n37—Interpretation\nIn this Part—\nregistrar means—\n\t(a)\tin relation to a corresponding declaration—the holder of an office prescribed by the regulations; and\n\t(b)\tin relation to a corresponding control order—the registrar within the meaning of the Supreme Court Act 1935.\n38—Service\n\t(1)\tAn application, order or other document that is to be served on a respondent under this Part may, if personal service is not practicable or the respondent is an unincorporated group, be served by public notice or in any other manner directed by the Court.\n\t(2)\tFor the purposes of this section, an application, order or other document will be taken to have been served on a respondent by public notice on publication of a notice in a newspaper circulating generally throughout the State setting out the following:\n\t(a)\tthe general nature of the application, order or other document;\n\t(b)\tdetails (to the extent practicable) of the respondent who is being served with the application, order or other document;\n\t(c)\tthe manner in which a copy of the application, order or other document (including any accompanying affidavit) may be obtained or read by the respondent.\nDivision 2—Registration of corresponding declarations\n39—Application may be made by Commissioner\n\t(1)\tThe Commissioner may apply to the registrar for the registration of a corresponding declaration.\n\t(2)\tAn application for registration—\n\t(a)\tmust be made in the prescribed manner; and\n\t(b)\tmust be accompanied by a copy of the corresponding declaration to be registered.\n\t(3)\tAn application for registration of a corresponding declaration does not need to be served on the respondent.\n\t(4)\tAn application for registration of a corresponding declaration cannot be made under this Division if any of the following apply to the declaration:\n\t(a)\tthe declaration is no longer in force;\n\t(b)\tthe law of the jurisdiction in which the declaration was made specifies requirements as to publication of the declaration or service of the declaration that have not been complied with (or are not, in accordance with that law, taken to have been complied with);\n\t(c)\tthe law of the jurisdiction in which the declaration was made specifies a period within which the respondent may appeal against the declaration, and that period has not expired;\n\t(d)\tthe determination of an application by the respondent for permission to appeal against the declaration (whether made before or after any appeal period has expired) is pending;\n\t(e)\tthe determination of an appeal by the respondent against the declaration is pending;\n\t(f)\tthe application is of a kind, or is made in circumstances, prescribed by the regulations for the purposes of this provision.\n39A—Registration of corresponding declaration\n\t(1)\tOn an application under this Division for the registration of a corresponding declaration, the registrar must register the declaration if satisfied that the application has been properly made under this Division.\n\t(2)\tOn registering a corresponding declaration under this Division, the registrar must specify the date on which the registration under this Act will expire (being the date on which the corresponding declaration would cease to be in force in the jurisdiction in which it was made if it were not sooner revoked).\n\t(3)\tHowever, subsection (2) does not apply if, under the law of the jurisdiction in which the corresponding declaration was made, the corresponding declaration remains in force for an indefinite period, in which case—\n\t(a)\ton registering the declaration, the registrar is to specify that the registration is for an indefinite period; and\n\t(b)\tthe registration of the corresponding declaration under this Act does not expire.\n39B—Notice of registration\n\t(1)\tNot later than 2 working days after registering a corresponding declaration, the registrar must give the Commissioner a certificate of the registration with a copy of the registered corresponding declaration attached.\n\t(2)\tAs soon as practicable after receiving a copy of the registered corresponding declaration, the Commissioner must publish notice of the registration of the declaration in the Gazette and in a newspaper circulating generally throughout the State.\n39C—Commencement and effect of registered corresponding declaration\n\t(1)\tA registered corresponding declaration—\n\t(a)\tcomes into force in this State on the day after the day on which notice of the registration of the declaration is published in the Gazette in accordance with section 39B(2); and\n\t(b)\tremains in force in this State until 1 of the following occurs:\n\t(i)\tthe registration of the declaration expires in accordance with section 39A(2);\n\t(ii)\tthe registration of the declaration is cancelled under Division 3.\n\t(2)\tIf a registered corresponding declaration has come into force under this section, the registered corresponding declaration has effect in this State as if it were a declaration made under Part 2 (but the provisions of Part 2, other than sections 20 and 21, do not apply in relation to the registered corresponding declaration).\nDivision 3—Cancellation of registration\n39D—Revocation in jurisdiction where corresponding declaration originally made\n\t(1)\tThis section applies to a registered corresponding declaration if—\n\t(a)\tthe declaration is revoked in the jurisdiction in which it was made; and\n\t(b)\tthe registrar receives notice of that revocation.\n\t(2)\tOn receiving notice of the revocation of the registered corresponding declaration, the registrar must—\n\t(a)\tcancel the registration of the declaration without delay (and the cancellation takes effect immediately); and\n\t(b)\tgive the Commissioner written notice of that cancellation.\n39E—Cancellation of registration of corresponding declaration by Court\n\t(1)\tThe Court may, on application by the respondent, cancel the registration of a corresponding declaration if satisfied that the declaration should not have been registered in accordance with section 39A(1).\n\t(2)\tThe Commissioner is a party to an application under this section.\n\t(3)\tIf registration of a corresponding declaration is cancelled under this section, the corresponding declaration is taken never to have been registered.\n\t(4)\tNothing in this section authorises the Court to reconsider the merits of the corresponding declaration.\n39F—Cancellation of registration of corresponding declaration at request of Commissioner\n\t(1)\tThe Commissioner may, at any time while a corresponding declaration is registered under this Part, apply to the registrar to cancel the registration of the declaration.\n\t(2)\tOn receiving an application under this section, the registrar must—\n\t(a)\tcancel the registration of the declaration without delay (and the cancellation takes effect immediately); and\n\t(b)\tgive the Commissioner written notice of that cancellation.\n39G—Notice of cancellation or expiry of registration of corresponding declaration\nAs soon as practicable after the registration of a corresponding declaration is cancelled under this Division or expires, the Commissioner must publish notice of the cancellation or expiry in the Gazette and in a newspaper circulating generally throughout the State.\n39H—Effect of cancellation or expiry of registration of corresponding declaration\nThe expiry or cancellation of the registration of a corresponding declaration under this Division has effect in this State in the same way as the revocation of a declaration made under Part 2.\nDivision 4—Registration of corresponding control orders\n39I—Application may be made by Commissioner\n\t(1)\tThe Commissioner may apply to the registrar for the registration of a corresponding control order.\n\t(2)\tAn application for registration—\n\t(a)\tmust be made in the prescribed manner; and\n\t(b)\tmust be accompanied by a copy of the order to be registered; and\n\t(c)\tmust be accompanied by any affidavit the Commissioner intends to rely on in relation to the application; and\n\t(d)\tmust state whether the Commissioner considers that the order needs to be adapted or modified for its effective operation in this State and, if so, the details of the adaptation or modification that the Commissioner considers necessary.\n\t(3)\tAn application for the registration of a corresponding control order does not need to be served on the respondent.\n\t(4)\tAn application for the registration of a corresponding control order cannot be made under this Division if—\n\t(a)\tthe respondent is subject to a control order or interim control order under Part 3; or\n\t(b)\tany of the following apply to the corresponding control order:\n\t(i)\tthe order is no longer in force;\n\t(ii)\tthe order has not been served, or is not taken to have been served, on the respondent under the law of the jurisdiction where the order was made;\n\t(iii)\tthe law of the jurisdiction in which the order was made specifies a period within which the respondent may appeal against the order, and that period has not expired;\n\t(iv)\tthe determination of an application by the respondent for permission to appeal against the order (whether made before or after any appeal period has expired) is pending;\n\t(v)\tthe determination of an appeal by the respondent against the order is pending; or\n\t(c)\tthe application is of a kind, or is made in circumstances, prescribed by the regulations for the purposes of this provision.\n39J—Registration of corresponding control order\n\t(1)\tOn an application under this Division for the registration of a corresponding control order, the registrar must register the order if satisfied—\n\t(a)\tthat the application has been properly made under this Division; and\n\t(b)\tthat the order does not need to be adapted or modified for its effective operation in this State.\n\t(2)\tIf the registrar considers that the order needs to be adapted or modified for its effective operation in this State, the registrar must refer the application to the Court.\n39K—Referral of application to Court for adaptation or modification\n\t(1)\tThis section applies if an application for the registration of a corresponding control order is referred to the Court under section 39J(2).\n\t(2)\tThe Court may vary the corresponding control order for the purposes of its registration by adapting or modifying it in a way the Court considers necessary or desirable for its effective operation in the State.\n\t(3)\tNothing in subsection (2) authorises the Court to reconsider the merits of the corresponding control order.\n\t(4)\tIf this section applies—\n\t(a)\tthe Commissioner and the respondent are parties to the proceedings before the Court relating to the application; but\n\t(b)\tthe Court may, if satisfied that the application has been served on the parties, hear and determine the proceedings whether or not the Commissioner or the respondent choose to participate in the hearing.\n\t(5)\tBefore varying a corresponding control order under this section, the Court must be satisfied that the application for registration has been properly made under this Division.\n\t(6)\tThe registrar must register the corresponding control order as varied by the Court.\n39L—Expiry of registration\n\t(1)\tOn registering a corresponding control order under this Division, the registrar must specify the date on which the registration under this Act will expire (being the date on which the corresponding control order would cease to be in force in the jurisdiction in which it was made if it were not sooner revoked).\n\t(2)\tHowever, subsection (1) does not apply if, under the law of the jurisdiction in which the corresponding control order was made, the corresponding control order remains in force for an indefinite period, in which case—\n\t(a)\ton registering the order, the registrar is to specify that the registration is for an indefinite period; and\n\t(b)\tthe registration of the corresponding control order under this Act does not expire.\n39M—Notice of registration\n\t(1)\tNot later than 2 working days after registering a corresponding control order, the registrar must give the Commissioner a certificate of the registration with a copy of the registered corresponding control order attached.\n\t(2)\tAs soon as practicable after receiving a copy of the registered corresponding control order, the Commissioner must—\n\t(a)\tserve a copy of the order personally on the respondent; and\n\t(b)\tpublish notice of the registration of the order in the Gazette.\n39N—Commencement and effect of registered corresponding control order\n\t(1)\tA registered corresponding control order—\n\t(a)\tcomes into force in this State when the respondent is served personally with a copy of the order; and\n\t(b)\tremains in force in this State until 1 of the following occurs:\n\t(i)\tthe registration of the order expires under section 39L;\n\t(ii)\tthe registration of the order is cancelled under Division 5.\n\t(2)\tIf a registered corresponding control order has come into force under this section, the registered corresponding control order has effect in this State as if it were a control order made under Part 3 (but the provisions of Part 3, other than the provision making it an offence to contravene or fail to comply with a control order (section 22I), do not apply in relation to the registered corresponding control order).\nDivision 5—Variation and cancellation of registered corresponding control order\n39O—Variation or revocation in jurisdiction where corresponding control order originally made\n\t(1)\tIf a corresponding control order is varied by a court in the jurisdiction in which the order was made—\n\t(a)\tthe variations to the order may be registered under this Part in the same way as the corresponding control order is registered, whether the variations were made before or after the registration of the corresponding control order; and\n\t(b)\tthe provisions of this Part apply accordingly with all necessary modifications.\n\t(2)\tSubsection (3) applies to a registered corresponding control order if—\n\t(a)\tthe order is revoked by a court in the jurisdiction in which the order was made; and\n\t(b)\tthe registrar receives notice of that revocation from an officer of that court or from the Commissioner.\n\t(3)\tOn receiving notice of the revocation of the registered corresponding control order, the registrar must—\n\t(a)\tcancel the registration of the order without delay (and the cancellation takes effect immediately); and\n\t(b)\tgive the Commissioner written notice of that cancellation.\n\t(4)\tAs soon as practicable after receiving notice of the cancellation of the registration of a corresponding control order, the Commissioner must serve a copy of the notice of cancellation personally on the respondent.\n39P—Cancellation of registration of corresponding control order by Court\n\t(1)\tThe Court may, on application by the respondent, cancel the registration of a corresponding control order if satisfied that the control order should not have been registered in accordance with section 39J(1).\n\t(2)\tThe Commissioner is a party to an application under this section.\n\t(3)\tIf registration of a corresponding control order is cancelled under this section, the corresponding control order is taken never to have been registered.\n\t(4)\tNothing in this section authorises the Court to reconsider the merits of the corresponding control order.\n39Q—Cancellation of registration of corresponding control order at request of Commissioner\n\t(1)\tThe Commissioner may, at any time while a corresponding control order is registered under this Part, apply to the registrar to cancel the registration of the order.\n\t(2)\tOn receiving an application under this section, the registrar must—\n\t(a)\tcancel the registration of the order without delay (and the cancellation takes effect immediately); and\n\t(b)\tgive the Commissioner written notice of that cancellation.\n\t(3)\tAs soon as practicable after receiving notice of the cancellation of the registration of a corresponding control order, the Commissioner must serve a copy of the notice of cancellation personally on the respondent.\n39R—Registration of corresponding control order cancelled automatically in certain circumstances\nThe registration of a corresponding control order under this Part is immediately cancelled if—\n\t(a)\tthe person to whom the order relates becomes subject to a control order or interim control order made under Part 3; or\n\t(b)\tthe order was made in reliance on the person to whom the order relates—\n\t(i)\tbeing a member of a particular organisation that is subject to a corresponding declaration; or\n\t(ii)\tassociating with a member of a particular organisation that is subject to a corresponding declaration,\nand the corresponding declaration is no longer in force.\n39S—Proof of making or variation of corresponding control order not required on proceedings for breach\nIn proceedings for a breach, committed in this State, of a registered corresponding control order, no proof is required of—\n\t(a)\tthe making of the corresponding control order or of any variation of it that operates in this State under this Part; or\n\t(b)\tthe service of the order or variation on the person to whom the order relates.\nPart 7—Miscellaneous\n39T—General provisions on service of applications, orders and other documents\n\t(1)\tIf a police officer has reasonable cause to suspect that a person is someone on whom an application, order or other document is required to be served by personal service under this Act, the officer may—\n\t(a)\trequire the person to state all or any of the person's personal details; and\n\t(b)\trequire the person to remain at a particular place for—\n\t(i)\tso long as may be necessary for the order to be served on the person; or\n\t(ii)\t2 hours,\nwhichever is the lesser; and\n\t(c)\tif the person refuses or fails to comply with a requirement under a preceding paragraph, or the officer has reasonable cause to suspect that the requirement will not be complied with, arrest and detain the person in custody (without warrant) for the period referred to in paragraph (b).\n\t(2)\tIf a person has been required to remain at a particular place in accordance with subsection (1)(b), personal service of a photocopy, faxed copy or printed electronic copy of the application, order or other document will be taken to be personal service of the application, order or other document on the person.\n\t(3)\tIf the person serving an application, order or other document which is required, under this Act, to be served on a person by personal service—\n\t(a)\thas reasonable cause to believe that the person is present at any premises; but\n\t(b)\tis unable to gain access to the person at the premises for the purpose of effecting personal service,\nthe application, order or other document may be served on the person by—\n\t(c)\tleaving it for the person at the premises with someone apparently over the age of 16 years; or\n\t(d)\tif the person serving the order is unable to gain access to such a person at the premises—affixing it to the premises at a prominent place at or near to the entrance to the premises.\n\t(4)\tA court dealing with any proceedings under this Act may make such orders as to service of an application, order or other document relating to the proceedings as it thinks fit.\n39U—Representation of unincorporated group\n\t(1)\tAn organisation that is an unincorporated group may, in proceedings under this Act, be represented in the proceedings by a person or persons who satisfy the court dealing with the proceedings that he or she is, or they are, appropriate representatives of the group or a part of the group.\n\t(2)\tA person referred to in subsection (1) may be represented by legal counsel in the proceedings.\n39V—Application of Act to children\n\t(1)\tSubject to this section, this Act applies in relation to a child in the same way as it applies to an adult.\n\t(2)\tA control order may not be made in relation to a child who is under 16 years of age.\n\t(3)\tIf a control order relating to a child who is of or over 16 years of age is made, varied or revoked, the Commissioner must, as soon as reasonably practicable, give written notice of the making of the order or of the variation or revocation (as the case may be) to—\n\t(a)\ta parent or guardian of the child, if the Commissioner is able to find a parent or guardian of the child after making reasonable attempts; and\n\t(b)\tany other prescribed person or person of a prescribed class.\n\t(4)\tIn this section—\nchild means a person under 18 years of age.\n39W—Costs\n\t(1)\tEach party to proceedings on an application under this Act must bear the party's own costs for the proceedings.\n\t(2)\tHowever, a court may award costs against a party who has—\n\t(a)\tmade an application the court considers frivolous or vexatious; or\n\t(b)\tby an unreasonable act or omission, caused another party to incur costs in connection with the proceedings.\n\t(3)\tIf proceedings are delayed through the neglect or incompetence of a representative, a court may, at the conclusion of those proceedings—\n\t(a)\tdisallow the whole or part of the costs as between the representative and his or her client (and, where appropriate, order the representative to repay costs already paid); or\n\t(b)\torder the representative to indemnify his or her client or any other party to the proceedings for costs resulting from the delay; or\n\t(c)\torder the representative to pay to the registrar of the court for the credit of the Consolidated Account an amount fixed by the court as compensation for time wasted.\n39X—Joint and several liability\nIf a member of a declared organisation is found to be liable, in any civil proceedings, for damage or loss resulting from conduct engaged in by the member for the benefit of the declared organisation or at the direction of, or in association with, the declared organisation, the organisation and each member of the organisation is jointly and severally liable for the damage or loss.\n39Y—Use of evidence or information for purposes of Act\n\t(1)\tDespite any other Act or law, evidence or information obtained by the lawful exercise of powers under an Act or law (whether before or after the commencement of this section) and evidence or information obtained incidentally to such an exercise of powers—\n\t(a)\tmay be used by law enforcement and prosecution authorities for the purposes of this Act; and\n\t(b)\tis not inadmissible in proceedings before a court under this Act merely because the evidence or information was not obtained for the purposes of this Act.\n\t(2)\tDespite any other Act or law, information (whether obtained before or after the commencement of this section) properly classified by the Commissioner as criminal intelligence—\n\t(a)\tmay be used by law enforcement and prosecution authorities for the purposes of this Act; and\n\t(b)\tmay be admitted in evidence or otherwise used in proceedings under this Act.\n\t(3)\tNo civil or criminal liability lies against a person in respect of any use of evidence or information permitted by this section. \n39Z—Presumption as to membership\nFor the purposes of any proceedings under this Act, a person is presumed, in the absence of proof to the contrary, to be a member of an organisation at a particular time if the person is, at that time, displaying (whether on an article of clothing, as a tattoo or otherwise) the insignia of that organisation.\n40—Immunity from liability\nNo civil or criminal liability attaches to—\n\t(a)\tthe Attorney‑General, the Commissioner, a police officer or other person exercising powers and functions under this Act; or\n\t(b)\tthe Crown,\nin respect of an act or omission in good faith in the exercise or discharge, or purported exercise or discharge, of a power, function or duty conferred or imposed by or under this Act.\n42—Prosecution of offence as a summary offence\n\t(1)\tAn indictable offence against this Act may be charged on complaint and be prosecuted and dealt with by the Magistrates Court as a summary offence but, if the Court determines that a person found guilty of such an offence should be sentenced to a term of imprisonment exceeding 2 years, the Court must commit the person to the District Court for sentence.\n\t(2)\tFor the avoidance of doubt, a person who is convicted of an offence that has been prosecuted and dealt with as a summary offence in accordance with this section is, despite that fact, taken to have been convicted of an indictable offence for the purposes of any Act or law.\n42A—Review of operation of Act\n\t(1)\tThe Attorney‑General must, as soon as practicable after the fourth anniversary of the commencement of this section, conduct a review of the operation and effectiveness of this Act.\n\t(2)\tThe Attorney‑General, or any person conducting the review on behalf of the Attorney‑General, must maintain the confidentiality of information provided to the Attorney‑General or other person that is classified by the Commissioner as criminal intelligence.\n\t(3)\tThe Attorney‑General must prepare a report based on the review and must, within 12 sitting days after the report is prepared, cause copies of the report to be laid before each House of Parliament.\n43—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tRegulations under this Act—\n\t(a)\tmay make different provision according to the matters or circumstances to which they are expressed to apply;\n\t(b)\tmay provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Attorney‑General, the Commissioner or any other person or body prescribed by the regulations.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nDate of expiry of principal Act removed by 13/2012.\nLegislation amended by principal Act\nThe Serious and Organised Crime (Control) Act 2008 amended the following:\nBail Act 1985\nCriminal Law Consolidation Act 1935\nFreedom of Information Act 1991\nSummary Offences Act 1953\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2008\n13\n Serious and Organised Crime (Control) Act 2008\n15.5.2008\n4.9.2008 (Gazette 4.9.2008 p4227)\n2012\n13\n Serious and Organised Crime (Control) (Miscellaneous) Amendment Act 2012\n10.5.2012\nPt 2 (ss 4—15) & Sch 1 (cll 4 & 5)—17.6.2012 (Gazette 14.6.2012 p2756)\n2012\n20\n Summary Offences (Weapons) Amendment Act 2012\n24.5.2012\nSch 1 (cl 2)—The subparagraph purportedly amended by Sch 1 (cl 2) was not enacted by the Parliament.\n2013\n32\n Serious and Organised Crime (Control) (Declared Organisations) Amendment Act 2013\n1.8.2013\nPt 2 (ss 4—22)—11.8.2013 (Gazette 8.8.2013 p3468)\n2025\n45\nCriminal Law Consolidation (Street Gangs) Amendment Act 2025\n5.11.2025\nSch 1 (cl 1)—16.2.2026 (Gazette 12.2.2026 p241)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n17.6.2012\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n17.6.2012\ns 3\n\n\nChief Justice\ninserted by 13/2012 s 4(1)\n17.6.2012\n\ndeleted by 32/2013 s 4(1)\n11.8.2013\ncontrol order\namended by 13/2012 s 4(2)\n17.6.2012\nconviction\ninserted by 13/2012 s 4(3)\n17.6.2012\ncorresponding control order\ninserted by 13/2012 s 4(3)\n17.6.2012\ncorresponding declaration\ninserted by 13/2012 s 4(3)\n17.6.2012\nCourt\nsubstituted by 13/2012 s 4(3)\n17.6.2012\ndeclared organisation\namended by 13/2012 s 4(4)\n17.6.2012\n\namended by 32/2013 s 4(2)\n11.8.2013\ndefendant\ndeleted by 13/2012 s 4(5)\n17.6.2012\neligible Judge\ninserted by 13/2012 s 4(5)\n17.6.2012\n\ndeleted by 32/2013 s 4(3)\n11.8.2013\nexercise\ninserted by 13/2012 s 4(5)\n17.6.2012\n\ndeleted by 32/2013 s 4(3)\n11.8.2013\nfunction\ninserted by 13/2012 s 4(5)\n17.6.2012\n\ndeleted by 32/2013 s 4(3)\n11.8.2013\ninterim control order\ninserted by 13/2012 s 4(5)\n17.6.2012\nmember\namended by 13/2012 s 4(6)\n17.6.2012\nproceedings\ninserted by 13/2012 s 4(7)\n17.6.2012\n\ndeleted by 32/2013 s 4(4)\n11.8.2013\nrespondent\ninserted by 13/2012 s 4(8)\n17.6.2012\nserious criminal offences\namended by 13/2012 s 4(9)\n17.6.2012\ns 5A\ninserted by 13/2012 s 5\n17.6.2012\ns 5A(2)\ndeleted by 32/2013 s 5\n11.8.2013\nPt 2\nsubstituted by 13/2012 s 6\n17.6.2012\ns 8\ndeleted by 32/2013 s 6\n11.8.2013\ns 9\n\n\ns 9(1)\namended by 32/2013 s 7(1)\n11.8.2013\ns 9(2)\namended by 32/2013 s 7(2), (3)\n11.8.2013\ns 9(4) and (5)\ndeleted by 32/2013 s 7(4)\n11.8.2013\ns 9(6)\namended by 32/2013 s 7(5)—(7)\n11.8.2013\ns 10\n\n\ns 10(1)\namended by 32/2013 s 8(1)—(3)\n11.8.2013\ns 10(2)\n\n\ninterested party\namended by 32/2013 s 8(4)\n11.8.2013\ns 11\n\n\ns 11(1)\namended by 32/2013 s 9(1), (2)\n11.8.2013\ns 11(2)\namended by 32/2013 s 9(3)\n11.8.2013\ns 11(5)\namended by 32/2013 s 9(4)\n11.8.2013\ns 12\n\n\ns 12(2)\namended by 32/2013 s 10\n11.8.2013\ns 14\n\n\ns 14(1)\nsubstituted by 32/2013 s 11(1)\n11.8.2013\ns 14(2)\namended by 32/2013 s 11(2)\n11.8.2013\ns 14(3)\namended by 32/2013 s 11(3)\n11.8.2013\ns 14(4) and (5)\ndeleted by 32/2013 s 11(4)\n11.8.2013\ns 14(6)\namended by 32/2013 s 11(5), (6)\n11.8.2013\ns 14(7)\namended by 32/2013 s 11(7)—(9)\n11.8.2013\ns 14(8)\ndeleted by 32/2013 s 11(10)\n11.8.2013\ns 14(9)\namended by 32/2013 s 11(11)\n11.8.2013\ns 14(11)\n\n\ninterested party\namended by 32/2013 s 11(12)\n11.8.2013\ns 15\nsubstituted by 32/2013 s 12\n11.8.2013\ns 16\ndeleted by 32/2013 s 13\n11.8.2013\ns 18\namended by 32/2013 s 14\n11.8.2013\ns 19\nsubstituted by 32/2013 s 15\n11.8.2013\nPt 3\nsubstituted by 13/2012 s 6\n17.6.2012\ns 22\n\n\ns 22(7)\namended by 32/2013 s 16\n11.8.2013\ns 22A\n\n\ns 22A(1)\nsubstituted by 32/2013 s 17\n11.8.2013\ns 22C\n\n\ns 22C(2)\namended by 32/2013 s 18(1)\n11.8.2013\ns 22C(3)\ndeleted by 32/2013 s 18(2)\n11.8.2013\ns 22C(5)\nsubstituted by 32/2013 s 18(3)\n11.8.2013\ns 22D\n\n\ns 22D(3)\namended by 32/2013 s 19(1)\n11.8.2013\ns 22D(4)\ndeleted by 32/2013 s 19(2)\n11.8.2013\nPt 4\n\n\nDiv 1\n\n\ns 23\n\n\ns 23(2)\namended by 45/2025 Sch 1 cl 1(1)—(3)\n16.2.2026\ns 23(9)\n\n\nparticipant\ninserted by 45/2025 Sch 1 cl 1(4)\n16.2.2026\nstreet gang\ninserted by 45/2025 Sch 1 cl 1(4)\n16.2.2026\ns 29\n\n\ns 29(1)\namended by 13/2012 s 7(1)\n17.6.2012\ns 29(2)\namended by 13/2012 s 7(2)\n17.6.2012\ns 29(3) and (4)\ndeleted by 13/2012 s 7(3)\n17.6.2012\ns 30\n\n\ns 30(1)\namended by 13/2012 s 8(1), (2)\n17.6.2012\ns 30(4) and (5)\ndeleted by 13/2012 s 8(3)\n17.6.2012\nDiv 3\n\n\ns 33A\ninserted by 13/2012 s 9\n17.6.2012\nPt 5\n\n\nss 34A and 34B\ninserted by 13/2012 s 10\n17.6.2012\nPt 6\nsubstituted by 13/2012 s 11\n17.6.2012\nPt 7\n\n\ns 39T\ninserted by 13/2012 s 12\n17.6.2012\ns 39U\ninserted by 13/2012 s 12\n17.6.2012\ns 39U(1)\namended by 32/2013 s 20\n11.8.2013\ns 39V\ninserted by 13/2012 s 12\n17.6.2012\ns 39W\ninserted by 13/2012 s 12\n17.6.2012\ns 39W(2)\namended by 32/2013 s 21(1)\n11.8.2013\ns 39W(3)\namended by 32/2013 s 21(2), (3)\n11.8.2013\ns 39W(4)\ndeleted by 32/2013 s 21(4)\n11.8.2013\ns 39X\ninserted by 13/2012 s 12\n17.6.2012\ns 39Y\ninserted by 13/2012 s 12\n17.6.2012\ns 39Y(2)\namended by 32/2013 s 22\n11.8.2013\ns 39Z\ninserted by 13/2012 s 12\n17.6.2012\ns 41\ndeleted by 13/2012 s 13\n17.6.2012\ns 42A\ninserted by 13/2012 s 14\n17.6.2012\ns 43\n\n\ns 43(1)\ns 43 redesignated as 43(1) by 13/2012 s 15\n17.6.2012\ns 43(2)\ninserted by 13/2012 s 15\n17.6.2012\nSch 1\nomitted under Legislation Revision and Publication Act 2002\n17.6.2012\nTransitional etc provisions associated with Act or amendments\nSerious and Organised Crime (Control) (Miscellaneous) Amendment Act 2012, Sch 1 Pt 2—Transitional provisions\n4—Declarations made before commencement of section 6\nA declaration made under section 10 of the Serious and Organised Crime (Control) Act 2008 as in force before the commencement of section 6 is of no force or effect.\n5—Control orders made before commencement of section 6\nA control order made under section 14(2)(b) of the Serious and Organised Crime (Control) Act 2008 (the Act) as in force before the commencement of section 6 continues as if it were a control order made under Part 3 of the Act, as in force after the commencement of section 6.\nHistorical versions\n17.6.2012\n\n11.8.2013\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act was originally introduced with a primary focus on outlaw motorcycle gangs following high-profile gang violence in South Australia. Over time, through amendments and court interpretations, its scope has both expanded (broader definitions of criminal organisations beyond OMCGs) and been constrained (certain provisions struck down or modified following constitutional challenges, including High Court scrutiny of whether powers impermissibly vested non-judicial functions in courts)."},"complexity_factors":["Source document could not be retrieved — analysis is based on general knowledge only, introducing uncertainty","Involves constitutional law dimensions, including separation of judicial power challenges tested in the High Court of Australia","Intersection of criminal law, administrative law (declarations and orders), and civil liberties","Multi-layered enforcement regime involving declarations, control orders, fortification orders, and association offences","Definitions of 'serious criminal organisation' and 'participant' have significant legal weight and complexity","Reverse onus provisions (where accused must prove innocence rather than prosecution proving guilt) raise complex rights issues","Interplay with other South Australian anti-gang legislation passed subsequently","Has been amended multiple times since 2008, making version tracking important"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Serious and Organised Crime (Control) Act 2008 (SA)** was not retrievable — the link provided returned a **404 \"Page Not Found\" error** from the South Australian legislation website.\n\n### What is generally known about this Act:\nThis South Australian law was designed to combat **organised crime and criminal gangs** (groups operating together to commit serious crimes). It is most notably associated with targeting **outlaw motorcycle gangs (OMCGs)** such as the Hells Angels and Finks.\n\n### Key features the Act is known to include:\n- Powers to **declare organisations as criminal organisations**, effectively banning their members from associating with each other\n- **Control orders** — court orders restricting what individuals connected to criminal organisations can do\n- **Fortification orders** — allowing police to force the removal of security measures (like reinforced doors or surveillance systems) from premises used by criminal groups\n- **Serious criminal activity offences** — making it a crime to participate in, or provide support to, a declared criminal organisation\n- Restrictions on **association** (meeting or communicating with other members), even in public\n\n### Who does this affect?\n- Members of **declared criminal organisations** face significant restrictions on their daily lives, including who they can socialise with\n- **Businesses** that knowingly deal with or assist criminal organisations\n- **Police and courts**, who gain expanded powers to investigate and restrict organised crime\n- Ordinary South Australians benefit from enhanced law enforcement tools but should be aware that **association laws** can potentially affect people connected to targeted groups, even loosely\n\n### Why it matters:\nThis Act was **controversial** when introduced, with critics arguing it risked infringing on **civil liberties** (personal freedoms, like freedom of association). It has been tested in courts, including challenges arguing parts of the law were unconstitutional (not permitted under the Australian Constitution).\n\n> ⚠️ *Note: This summary is based on general knowledge of the Act, not the retrieved legislative text. The source URL returned a page error. For the current, authoritative version of this law, visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly.*"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 2008 Act focused primarily on court declarations of criminal organisations and associated control orders to target groups involved in serious criminal activity. Its scope has significantly expanded through amendments to incorporate a standalone public safety order regime operable by senior police, detailed mechanisms for registering and adapting corresponding declarations and control orders from other jurisdictions (Part 6), new standalone offences for permitting premises to be used as resorts and for recruiting (ss 34A, 34B), integration with street gang provisions, and layered rules on criminal intelligence protection and evidentiary presumptions. These changes broaden the Act from a court-centric declaration model to a multi-tool framework enabling proactive, police-initiated restrictions and interstate recognition, moving well beyond the initial intent."},"complexity_factors":["Multi-part structure with seven parts covering preliminary matters, declared organisations, control orders, public safety orders, offences, corresponding orders from other jurisdictions, and miscellaneous provisions","Extensive interpretation section (s 3) containing 15+ defined terms including layered definitions for 'declared organisation', 'serious criminal offences', 'criminal intelligence', and 'member'","Detailed procedural rules for applications, notices, hearings, service, objections, variations, revocations, and appeals that contain numerous conditional steps and time limits","Nested provisions on confidentiality of criminal intelligence (ss 5A, 29) that apply across all proceedings including appeals","Multiple offences in Part 5 with specific knowledge/recklessness requirements, statutory presumptions (e.g. s 34A(3), s 39Z), listed defences/exceptions (s 35(6)–(8)), and reverse onus elements","Cross-references to regulations, the Supreme Court Act 1935, Criminal Law Consolidation Act 1935, and interstate laws for corresponding orders","Frequent use of 'unless the Court otherwise directs', 'in the interests of justice', and discretionary powers that create conditional logic"],"plain_english_summary":"**The Serious and Organised Crime (Control) Act 2008** is South Australian legislation that gives police and courts tools to disrupt organised crime groups (like bikie gangs), their members, and associates. \n\nIt works in several ways:\n- The Police Commissioner can apply to the Supreme Court to **declare** an organisation if its members band together to plan or commit serious crimes and it threatens public safety (s 11). Once declared, the group stays on the list until a court removes it.\n- Courts can issue **control orders** on individuals, banning them from contacting certain people, visiting places, owning weapons, carrying lots of cash, or using phones/computers (s 22). Short-term **interim control orders** can be made quickly, sometimes without telling the person first.\n- Senior police can issue **public safety orders** to stop individuals or groups from attending events, premises, or areas if their presence risks serious violence or property damage (s 23). These are usually short (under 72 hours unless a court approves longer).\n- It creates offences such as associating with declared organisation members or controlled persons on six or more occasions in a year (s 35), recruiting new members (s 34B), letting premises be used as gang hangouts (s 34A), or breaching control or public safety orders (ss 22I, 32). \n\nThe law applies outside South Australia where possible, protects secret police information from disclosure in court (s 5A), and includes rules for recognising similar orders from other states. It aims to protect the public from organised crime violence but states it should not be used to stifle legitimate protests or industrial action (s 4(2)). It affects members and associates of criminal groups, business owners, and the broader community through restrictions on association and movement. Breaches can lead to up to 5 years in prison."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as presented has been amended multiple times, expanding and reworking its scope since first enacted. Key scope changes shown in the legislative history include the insertion of criminal intelligence and confidentiality provisions (section 5A inserted by 13/2012 s 5), substitution and expansion of Parts 2 and 3 (Part 2 substituted by 13/2012 s 6 and Part 3 substituted by 13/2012 s 6), insertion and later substitutions affecting control order procedures (sections 22, 22A, 22C amended by later Acts noted in the history), and replacement of Part 6 (substituted by 13/2012 s 11) to provide for registration of corresponding interstate declarations and control orders. More recent amendments add cross‑references to street gang and participant definitions (section 23(2) amended by 45/2025 Sch 1 cl 1, effective 16.2.2026). The legislative history therefore indicates the Act’s operational reach and the mechanisms for cross‑jurisdiction recognition and secrecy/disclosure rules have been materially altered since the principal Act was first enacted."},"complexity_factors":["Multiple, interacting regimes: declarations (Part 2), control orders (Part 3), public safety orders (Part 4), offences (Part 5) and cross‑jurisdiction registration (Part 6).","Different decision‑makers and forums with overlapping powers — Commissioner, senior police officers, Supreme Court and Magistrates Court (sections 7, 9, 11, 22, 23, 25).","Relaxed evidence rules and alternative proof standards for Act proceedings (balance of probabilities under section 5; admissibility and affidavit provisions in section 22G; courts not bound by rules of evidence in sections 18 and 33A).","Confidential classification of \"criminal intelligence\" that restricts disclosure and permits private hearings (section 5A and section 29).","Broad, partly subjective statutory criteria (eg. \"represents a risk to public safety and order\" in section 11 and \"appropriate in the circumstances\" in sections 22 and 23).","Interim and ex parte powers with time limits and post‑order objection processes (sections 22A, 22D, 25, 26).","Heavy penalty structure and criminal offences tied to civil order regimes (sections 22I, 32, 34A, 34B, 35, 36).","Cross‑jurisdiction registration and adaptation of orders (Part 6, sections 39A–39N) creating procedural and substantive interactions with other States/Territories.","Administrative and publication requirements (service rules, Gazette/newspaper notices, personal service and urgent verbal service regimes — sections 10, 12, 30, 31, 39T).","Delegation limits and immunity provisions concentrating power and limiting liability (sections 7 and 40)."],"plain_english_summary":"### What this Act does, mechanically\n\n- Creates three main legal tools to be used by police and courts: declarations of organisations (Part 2), court‑made control orders against individuals (Part 3), and police‑made public safety orders (Part 4).\n  - Declarations: The Commissioner of Police can apply to the Supreme Court to declare an organisation a \"declared organisation\" if the Court is satisfied members associate for organising or supporting serious criminal activity and the organisation represents a risk to public safety (see sections 9–11). The Commissioner must publish notice of the application and the Court’s declaration (sections 9, 10, 12). Declarations remain in force until revoked (sections 13–14).\n  - Control orders: The Commissioner may apply to the Supreme Court for control orders against a person (a \"respondent\") where the person is a member of, or associates with members of, a declared organisation or otherwise associates with persons who engage in serious criminal activity. A control order can restrict association, presence at places or events, possession of specified items, carrying cash above a limit, use of communication devices, or holding authorisations for prescribed activities (section 22). Interim control orders can be made without notice (section 22A). Contravening a control order is an offence (section 22I).\n  - Public safety orders: A senior police officer may make a public safety order that bars a specified person or class of persons from premises, events or areas when their presence poses a serious risk to safety or security (section 23). Orders made for more than 72 hours or certain repeat uses of orders require court authorisation (section 25). Contravening a public safety order is an offence (section 32). Officers have search and limited detention powers to enforce these orders (section 33).\n\n- The Act relaxes ordinary evidentiary and disclosure rules in various ways for proceedings under the Act: courts decide fact questions on the balance of probabilities (section 5); police affidavits and conviction transcripts can be admissible (section 22G); the Commissioner may classify information as \"criminal intelligence\" and that classification can limit disclosure and allow private hearings and affidavit evidence (section 5A and section 29).\n\n- The Act creates standalone criminal offences tied to declared organisations and control orders, including permitting premises to be habitually used as a place of resort by members (section 34A), recruiting people to join declared organisations (section 34B), and criminalising repeated associations (six or more occasions in 12 months) with members or people subject to control orders (section 35). Those offence provisions generally require knowledge or recklessness about the status of the other person (see sections 34B(2), 35(2), 36).\n\n- The Act provides for recognition and registration in South Australia of equivalent declarations and control orders made in other Australian jurisdictions (Part 6). Registrations may be cancelled or automatically lapse in certain circumstances (sections 39A–39R).\n\n### Who initiates, who decides and who pays\n\n- Who initiates: The Commissioner of Police initiates applications for declarations, control orders and registration of corresponding orders (sections 9, 22, 39I). Senior police officers (inspectors and above) may make public safety orders operationally (section 23).\n- Who decides: The Supreme Court decides declarations and control orders (Parts 2 and 3; see sections 11 and 22). The Magistrates Court (referred to in Part 4) deals with authorisations and objections about public safety orders (sections 23, 25–28). The Commissioner controls classification of criminal intelligence subject to limited delegation rules (sections 5A, 7).\n- Who pays / bears costs and burdens: Individuals and organisations targeted by declarations, control orders or public safety orders bear compliance costs and potential loss of authorisations or employment (for example, a control order can revoke an authorisation and effect revocation despite other laws — section 22(6)). Owners or managers of premises risk criminal liability for knowingly permitting premises to be habitually used by members of declared organisations (section 34A). The State (courts and police) bears the cost of proceedings, publication and enforcement, but the Act limits recoverable costs: parties generally bear their own costs in applications under the Act (section 39W(1)).\n\n### Official stated purpose and the mechanisms that serve it\n\n- The stated objects are to disrupt and restrict criminal organisations and their members/associates and to protect the public from associated violence (section 4(1)). The Act also explicitly says powers are not intended to diminish freedom to participate in advocacy, protest, dissent or industrial action (section 4(2)).\n- Mechanisms: declarations enable targeted use of control orders and offence provisions; control orders impose behavioural restrictions on identified persons; public safety orders give rapid operational powers to police for time‑limited exclusion from places/events (see sections 11, 22, 23). Evidentiary relaxations, criminal intelligence classification and the ability to register interstate orders are designed to enable action even where ordinary criminal proof or disclosure would be difficult (sections 5, 5A, 22G, Part 6).\n\n### Compliance burden, discretion, trade‑offs and risks (mechanisms, not judgements)\n\n- Discretion and secrecy: The Commissioner has power to classify information as \"criminal intelligence\" and restrict disclosure; courts must preserve confidentiality on application (section 5A). Senior police officers can make immediate exclusion orders without prior court involvement for up to 72 hours and may seek court authorisation for longer periods (sections 23, 25). These provisions concentrate discretion in police and the Commissioner.\n\n- Evidentiary and procedural trade‑offs: Fact questions in proceedings under the Act are decided on the balance of probabilities rather than the criminal standard (section 5). The Court is not bound by strict evidence rules in Parts 2 and 4 and may inform itself as it thinks fit (sections 18, 33A). Police affidavits and conviction materials are admitted with limited safeguards (section 22G). Those rules speed adjudication but change usual proof and disclosure patterns.\n\n- Costs and opportunity costs: Courts and police must carry procedural tasks (publication, service, hearings, registration processes — sections 10, 12, 30, 39B, 39M). Parties generally bear their own legal costs in applications (section 39W(1)), which shifts procedural cost to affected individuals/organisations.\n\n- Effects on private choice and business activity: Control orders can revoke authorisations needed to work in particular occupations (section 22(5)–(6)); premises owners can face criminal exposure (section 34A); joint and several civil liability for damage by members can extend civil exposure to organisations and their members (section 39X).\n\n- Cross‑jurisdiction complexity: Part 6 permits registration of interstate declarations and control orders and provides for adaptation or cancellation mechanisms (sections 39A–39N), introducing interactions with other jurisdictions’ procedures and appeal windows.\n\n- Safeguards and review: There are rights to make submissions and object (section 15, 26), mechanisms to vary or revoke orders (sections 22C, 24) and a statutory requirement for a four‑year review of operation (section 42A). Immunity for officials acting in good faith is provided (section 40).\n\nIn short, the Act builds a suite of civil‑law style remedies and criminal offences tied to declared organisations, gives police time‑limited exclusion powers, relaxes evidentiary and disclosure rules in the Act’s processes, and provides for interstate recognition of equivalent orders. The main observable trade‑offs in the text are between expedited, discretionary policing and judicial tools on the one hand (including restricted disclosure of intelligence) and procedural safeguards and prosecution standards that would ordinarily apply in criminal law on the other (see sections 5, 5A, 22G, 25)."}},"importantCases":[],"_links":{"self":"/api/acts/serious-and-organised-crime-control-act-2008","history":"/api/acts/serious-and-organised-crime-control-act-2008/history","analysis":"/api/acts/serious-and-organised-crime-control-act-2008/analysis","conflicts":"/api/acts/serious-and-organised-crime-control-act-2008/conflicts","importantCases":"/api/acts/serious-and-organised-crime-control-act-2008/important-cases","documents":"/api/acts/serious-and-organised-crime-control-act-2008/documents"}}