{"id":"serious-and-organised-crime-control-regulations-2023","name":"Serious and Organised Crime (Control) Regulations 2023","slug":"serious-and-organised-crime-control-regulations-2023","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237189,"registerId":"sa-serious-and-organised-crime-control-regulations-2023-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Serious and Organised Crime (Control) Regulations 2023","content":"South Australia\nSerious and Organised Crime (Control) Regulations 2023\nunder the Serious and Organised Crime (Control) Act 2008\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tCorresponding control orders and declarations\n5\tSerious criminal offences—prescribed offences\n6\tPrescribed office\n7\tPrescribed activity\n8\tPrescribed criminal convictions\n9\tPrescribed forms of association\n10\tRegistration of corresponding declaration—prescribed manner\n11\tRegistration of corresponding control order—prescribed manner\nSchedule 1—Repeal of Serious and Organised Crime (Control) Regulations 2008\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Serious and Organised Crime (Control) Regulations 2023.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations—\nAct means the Serious and Organised Crime (Control) Act 2008;\nUniform Poisons Standard has the same meaning as in the Controlled Substances (Poisons) Regulations 2011.\n4—Corresponding control orders and declarations\n\t(1)\tFor the purposes of the definition of corresponding control order in section 3 of the Act, the following provisions are prescribed:\n\t(a)\tsection 161T of the Penalties and Sentences Act 1992 of Queensland;\n\t(b)\tsection 19 of the Crimes (Criminal Organisations Control) Act 2012 of New South Wales;\n\t(c)\tsections 25(2)(a) and 26(4)(a) of the Serious Crime Control Act 2009 of the Northern Territory.\n\t(2)\tFor the purposes of the definition of corresponding declaration in section 3 of the Act, the following provisions are prescribed:\n\t(a)\tsection 9 of the Crimes (Criminal Organisations Control) Act 2012 of New South Wales;\n\t(b)\tsection 15 of the Serious Crime Control Act 2009 of the Northern Territory.\n5—Serious criminal offences—prescribed offences\nFor the purposes of paragraph (b) of the definition of serious criminal offences in section 3 of the Act, the following summary offences are prescribed:\n\t(a)\toffences under section 18 of the Controlled Substances Act 1984 involving—\n\t(i)\tanabolic or androgenic steroidal agents (including when separately specified in Schedule 4 of the Uniform Poisons Standard); or\n\t(ii)\tsteroid hormones (as set out in Schedule 4 of the Uniform Poisons Standard);\n\t(b)\toffences under section 25 or 33K(1)(b) of the Controlled Substances Act 1984;\n\t(c)\toffences under section 20(3) of the Criminal Law Consolidation Act 1935 (being basic offences within the meaning of the Act);\n\t(d)\toffences under section 12, 23 or 48 of the Explosives Act 1936;\n\t(e)\toffences under section 9 and 22 of the Firearms Act 2015 (being summary offences under any of those sections);\n\t(f)\toffences under section 75, 76 or 90 of the Gaming Offences Act 1936;\n\t(g)\toffences under section 21B, 21C, 21D, 21E, 21F, 25A, 26, 28, 29, 51 or 61 of the Summary Offences Act 1953;\n\t(h)\toffences under regulation 4.02, 4.08, 4.10, 4.17, 4.25, 9.02 or 15.10 of the Explosives Regulations 2011;\n\t(i)\toffences under regulation 5 of the Explosives (Fireworks) Regulations 2016;\n\t(j)\toffences under a previous enactment corresponding to an offence referred to in a preceding paragraph;\n\t(k)\toffences consisting of a conspiracy to commit an offence referred to in a preceding paragraph;\n\t(l)\toffences consisting of an attempt to commit an offence referred to in paragraphs (b) to (j) (inclusive).\n6—Prescribed office\nFor the purposes of paragraph (a) of the definition of registrar in section 37 of the Act, the office of registrar of the Supreme Court is prescribed.\n7—Prescribed activity\nFor the purposes of the definition of prescribed activity in section 22(9) of the Act, any occupation or activity engaged in pursuant to an authorisation (within the meaning of section 22 of the Act) issued under any of the following Acts is prescribed:\n\t(a)\tFirearms Act 2015;\n\t(b)\tGaming Machines Act 1992;\n\t(c)\tHydroponics Industry Control Act 2009;\n\t(d)\tLiquor Licensing Act 1997;\n\t(e)\tSecurity and Investigation Industry Act 1995.\n8—Prescribed criminal convictions\n\t(1)\tFor the purposes of section 35(3)(a) of the Act, criminal convictions of the following kinds are prescribed:\n\t(a)\tconviction of a major indictable offence or an offence against the law of another jurisdiction consisting of conduct that would, if engaged in this State, be a major indictable offence;\n\t(b)\tconviction of an offence under the Act or a corresponding Act;\n\t(c)\tconviction of an offence consisting of a conspiracy to commit an offence referred to in a preceding paragraph;\n\t(d)\tconviction of an offence consisting of an attempt to commit an offence referred to in paragraph (a) or (b).\n\t(2)\tIn this regulation—\ncorresponding Act means—\n\t(a)\tthe Crimes (Criminal Organisations Control) Act 2012 of New South Wales; and\n\t(b)\tthe Serious Crime Control Act 2009 of the Northern Territory.\n9—Prescribed forms of association\n\t(1)\tFor the purposes of section 35(6)(c) of the Act, courses of training or education of the following kinds are prescribed:\n\t(a)\tcourses of training or education provided in accordance with the Education and Children's Services Act 2019;\n\t(b)\tcourses of training or education comprising higher education or vocational education and training provided in accordance with the South Australian Skills Act 2008;\n\t(c)\tcourses of training or higher education provided by an institution (within the meaning of the Higher Education Funding Act 1988 of the Commonwealth);\n\t(d)\tcourses of training or education required to be undertaken as a condition of parole under the Correctional Services Act 1982;\n\t(e)\tcourses of training or education provided in accordance with the Family and Community Services Act 1972 or the Youth Justice Administration Act 2016;\n\t(f)\tcourses of training or education provided in accordance with the Children and Young People (Safety) Act 2017;\n\t(g)\tcourses of training or education in relation to which a youth is granted a leave of absence under section 34 of the Youth Justice Administration Act 2016.\n\t(2)\tFor the purposes of section 35(6)(d) of the Act, rehabilitation, counselling or therapy sessions of the following kinds are prescribed:\n\t(a)\trehabilitation, counselling or therapy sessions conducted by or provided by a charitable organisation;\n\t(b)\trehabilitation, counselling or therapy sessions conducted or provided in the course of the provision of a health service (within the meaning of the Health Care Act 2008);\n\t(c)\trehabilitation, counselling or therapy sessions conducted or provided in accordance with the Children and Young People (Safety) Act 2017;\n\t(d)\trehabilitation, counselling or therapy sessions conducted or provided in accordance with the Family and Community Services Act 1972 or the Youth Justice Administration Act 2016;\n\t(e)\trehabilitation, counselling or therapy sessions in relation to which a youth is granted a leave of absence under section 34 of the Youth Justice Administration Act 2016.\n\t(3)\tFor the purposes of section 35(6)(f) of the Act, associations of the following kinds are prescribed:\n\t(a)\tassociations between persons residing (whether permanently or temporarily)—\n\t(i)\tin a supported residential facility (within the meaning of the Supported Residential Facilities Act 1992); or\n\t(ii)\tin an approved treatment centre (within the meaning of the Mental Health Act 2009); or\n\t(iii)\tin a facility providing emergency housing operated by State, Commonwealth or local government, or by a charitable organisation;\n\t(b)\tassociations occurring for the genuine purpose of political communication;\n\t(c)\tassociations occurring in the course of legal proceedings;\n\t(d)\tassociations occurring in the course of the provision of a health service (within the meaning of the Health Care Act 2008) (other than in relation to a rehabilitation, counselling or therapy session referred to in subregulation (2)(b));\n\t(e)\tassociations occurring in the course of complying with a lawful direction of a person exercising a power, or carrying out official duties, under an Act (whether of this State or another jurisdiction).\n\t(4)\tIn this regulation—\ncharitable organisation means an organisation, society, institution or body carried on for a religious, educational, benevolent or charitable purpose, provided that it is not also carried on for the purpose of securing pecuniary benefit for its members.\n10—Registration of corresponding declaration—prescribed manner\nIn accordance with section 39(2)(a) of the Act, an application for registration of a corresponding declaration must be made by providing the registrar with a written request for registration setting out—\n\t(a)\tthe name of the respondent; and\n\t(b)\ta statement indicating that none of the matters set out in paragraphs (a) to (f) of section 39(4) apply in relation to the application; and\n\t(c)\teither—\n\t(i)\tthe date on which the corresponding declaration will cease to be in force in the jurisdiction in which it was made (if not revoked sooner); or\n\t(ii)\ta statement indicating that under the law of the jurisdiction in which it was made, the corresponding declaration will remain in force for an indefinite period.\n11—Registration of corresponding control order—prescribed manner\nIn accordance with section 39I(2)(a) of the Act, an application for registration of a corresponding control order must be made by providing the registrar with a written request for registration setting out—\n\t(a)\tthe name of the respondent; and\n\t(b)\ta statement indicating that none of the matters set out in paragraphs (a) to (c) of section 39I(4) apply in relation to the application; and\n\t(c)\teither—\n\t(i)\tthe date on which the corresponding control order will cease to be in force in the jurisdiction in which it was made (if not revoked sooner); or\n\t(ii)\ta statement indicating that under the law of the jurisdiction in which it was made, the corresponding control order will remain in force for an indefinite period.\nSchedule 1—Repeal of Serious and Organised Crime (Control) Regulations 2008\nThe Serious and Organised Crime (Control) Regulations 2008 are repealed.\nLegislative history\nNotes\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.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2023\n81\nGazette 3.8.2023 p2595 \n3.8.2023: r 2\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not accessible. The page returned an error due to an incompatible hyperlink following a website migration in March 2026."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 Page Not Found error","Unable to assess cross-references, definitions, or operative provisions","Complexity score reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"The supplied link returned a “Page Not Found,” so the text of the Serious and Organised Crime (Control) Regulations 2023 (SA) couldn’t be retrieved and no detailed legal analysis can be done. To view the instrument, search www.legislation.sa.gov.au, check the SA Government Gazette, or contact the Office of Parliamentary Counsel.\n\nBroadly, these regulations would sit under the Serious and Organised Crime (Control) Act and govern administrative and procedural details that support restrictions on criminal organisations."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"These regulations repeal the 2008 regulations and update the subordinate framework by specifying (a) which interstate control orders/declarations are 'corresponding' (Queensland, NSW, Northern Territory provisions); (b) prescribed offences, activities and convictions; (c) the office of registrar and the precise manner for registering corresponding orders/declarations; and (d) detailed forms of association and training that are excluded or prescribed. The effect is a re‑specification and expansion of the lists and procedural rules that operate under the parent Act."},"complexity_factors":["Extensive cross‑references to multiple other statutes and standards (Controlled Substances Act 1984, Firearms Act 2015, Explosives Act 1936, various regulations, Uniform Poisons Standard and interstate Acts in QLD, NSW, NT).","Prescriptive lists of offences and activities that mix summary and indictable concepts (Reg 5, Reg 8), creating interpretive burden on what qualifies as a 'serious criminal offence' or 'major indictable offence'.","Detailed categories of prescribed forms of association, training and rehabilitation with multiple statutory sources (Reg 9), increasing factual inquiry at case level.","Procedural registration requirements for interstate orders and declarations that require specific statements and dates (Regs 10–11), imposing precise administrative compliance steps.","Definition and role connections back to multiple sections of the primary Act (eg. registrars, prescribed activity, prescribed convictions), requiring simultaneous reading of the parent Act to operate the regs.","Repeal of the 2008 regulations (Schedule 1) introduces transitional/comparative interpretation questions for existing orders made under the old regulations."],"plain_english_summary":"These regulations replace the previous 2008 subordinate rules and set out which offences, authorisations, convictions, offices, forms of association and interstate control orders/declarations are \"prescribed\" for the Serious and Organised Crime (Control) Act 2008. They also fix the documentary requirements and process for registering corresponding interstate declarations and control orders.\n\nThey affect people subject to control orders, registrars and enforcing agencies. The practical impacts are administrative and compliance costs, reliance on cross‑referenced laws from other jurisdictions, and delegated decision‑making by registrars and enforcement agencies."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose of operationalising the Serious and Organised Crime (Control) Act 2008. They do not expand beyond the Act's framework of control orders, declarations, and association restrictions. The 2023 version appears to be a straightforward update and re-enactment of the 2008 regulations, replacing rather than expanding the previous instrument."},"complexity_factors":["Heavy cross-referencing to multiple other Acts (Controlled Substances Act, Firearms Act, Gaming Machines Act, etc.) — approximately 15+ external statutes referenced","Nested definitions: 'corresponding Act' defined within regulation 8, 'charitable organisation' defined within regulation 9, 'Uniform Poisons Standard' imported from another regulation","Multiple layers of prescription: offences are prescribed, then sub-categories specified (e.g., specific sections of Summary Offences Act), then further qualified by conspiracy/attempt provisions","Conditional logic in registration requirements (regulations 10-11): alternative pathways for indefinite vs time-limited orders","Dense list structures in regulations 5, 7, 8, and 9 with multiple sub-paragraphs and cross-references"],"plain_english_summary":"These regulations support South Australia's main law targeting serious and organised crime by filling in the practical details that the main Act leaves blank.\n\n**What this does:**\n\n* **Recognises interstate crime orders:** It lists which court orders from Queensland, New South Wales and the Northern Territory count as 'corresponding control orders' or 'corresponding declarations' in South Australia. This lets authorities enforce those interstate orders here.\n\n* **Defines 'serious criminal offences':** It specifies exactly which crimes trigger the Act's powers — including drug offences involving steroids, firearms offences, explosives offences, gaming offences, and various summary offences (less serious crimes tried without a jury).\n\n* **Sets administrative details:** It names the Supreme Court registrar as the official who handles paperwork, and prescribes the exact information needed to register interstate orders.\n\n* **Creates exceptions for 'association' bans:** The main Act restricts who criminals can associate with. These regulations carve out important exceptions — people can still attend school, university, vocational training, parole-mandated courses, rehab, counselling, medical appointments, live in supported housing, engage in political communication, participate in court proceedings, and follow lawful directions from officials.\n\n* **Lists 'prescribed activities':** It identifies specific licensed industries (firearms dealers, gaming venues, hydroponics, liquor, security work) where special authorisations apply under the Act.\n\n* **Specifies relevant criminal convictions:** It clarifies which past convictions count for the Act's purposes — major indictable offences (serious crimes usually tried by jury), offences under this Act or interstate equivalents, and conspiracy or attempt offences.\n\n* **Repeals old regulations:** It replaces the 2008 regulations entirely.\n\n**Who it affects:** People subject to control orders or declarations under organised crime laws; law enforcement; courts; and anyone working in the prescribed licensed industries."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/serious-and-organised-crime-control-regulations-2023","history":"/api/acts/serious-and-organised-crime-control-regulations-2023/history","analysis":"/api/acts/serious-and-organised-crime-control-regulations-2023/analysis","conflicts":"/api/acts/serious-and-organised-crime-control-regulations-2023/conflicts","importantCases":"/api/acts/serious-and-organised-crime-control-regulations-2023/important-cases","documents":"/api/acts/serious-and-organised-crime-control-regulations-2023/documents"}}