{"id":"serious-crime-control-act-2009","name":"Serious Crime Control Act 2009","slug":"serious-crime-control-act-2009","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30502,"registerId":"nt-serious-crime-control-act-2009-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary matters","content":"Part 1 Preliminary matters\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Serious Crime Control Act 2009.\n2 Commencement\nThis Act commences on the date fixed by the Administrator by\nGazette notice.\n3 Main object of Act\n(1) The main object of this Act is to protect members of the public from\nviolence associated with serious criminal activity.\n(2) The main object is to be achieved primarily by making control\norders to disrupt and restrict the activities of persons who:\n(a) engage, or have engaged, in serious criminal activity; or\n(b) are, or have been, members of declared organisations.\n(3) The main object is also to be achieved by allowing:\n(a) senior police officers to make public safety orders; and\n(b) courts to make fortification removal orders.\n\nPart 2 Definitions and key concepts\nSerious Crime Control Act 2009 2\n(4) Without limiting subsections (1) to (3), it is not the intention of the\nLegislative Assembly that the powers in this Act be used in a\nmanner that would diminish the freedom of persons in the Territory\nto participate in advocacy, protest, dissent or industrial action.\n4 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 4\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":1},{"sectionNumber":"5","sectionType":"section","heading":"Extra-territorial operation","content":"5 Extra-territorial operation\nIt is the intention of the Legislative Assembly that this Act apply\nwithin the Territory and outside the Territory to the full extent of the\nextra-territorial legislative capacity of the Legislative Assembly.\n","sortOrder":2},{"sectionNumber":"5A","sectionType":"section","heading":"Jurisdiction of Local Court","content":"5A Jurisdiction of Local Court\nThe jurisdiction conferred on the Local Court under this Act is part\nof the Court's criminal jurisdiction.\nPart 2 Definitions and key concepts\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Definitions","content":"6 Definitions\nIn this Act:\nadjourned hearing, see section 25(2)(b)(ii).\nappropriate means appropriate having regard to all reasonable\ncircumstances.\nAssistant Commissioner, see section 4(1) of the Police\nAdministration Act 1978.\nassociate, with another person, means:\n(a) to be in company with the other person; or\n(b) to communicate with the other person by any means\n(including, for example, by letter, facsimile, telephone and\nemail).\nauthorisation order, see section 49(1).\n\nPart 2 Definitions and key concepts\nSerious Crime Control Act 2009 3\nauthority includes a licence, registration, approval, certificate or\nother form of authority required under legislation for carrying on an\noccupation or activity.\nbeing present at means entering or being at, on, in or in the\nvicinity of.\nclassified information means information the Commissioner\nclassifies as criminal intelligence.\nCommissioner means the Commissioner of Police.\ncontrol order has the meaning given in section 8(1) and includes a\ncopy of the order.\ncontrolled person, see section 8(3).\nconviction includes a finding of guilt whether or not a conviction is\nrecorded.\ncorresponding law means a law declared by regulation to be a\ncorresponding law.\nCourt of Appeal, see section 9(1) of the Supreme Court Act 1979.\ncriminal intelligence means:\n(a) information relating to actual or suspected criminal activity\n(whether in the Territory or elsewhere) the disclosure of which\ncould reasonably be expected to:\n(i) prejudice a criminal investigation; or\n(ii) enable the discovery of the existence or identity of a\nconfidential source of information relevant to law\nenforcement; or\n(iii) endanger a person's life or physical safety; or\n(b) information the disclosure of which could reasonably be\nexpected to reveal and prejudice the effectiveness of any of\nthe following:\n(i) police information-gathering or surveillance methods;\n(ii) police procedures for preventing, detecting, investigating\nor dealing with matters arising out of breaches or\nevasions of the law.\ndeclaration application means an application under section 13 for\na declaration under section 15.\n\nPart 2 Definitions and key concepts\nSerious Crime Control Act 2009 4\ndeclared organisation, see section 7.\nDeputy Commissioner, see section 4(1) of the Police\nAdministration Act 1978.\nfirearm, see section 3(1) of the Firearms Act 1997.\nformer member, of an organisation, means a person who has\nbeen a member of the organisation.\nfortification, see section 10(1).\nfortification removal order has the meaning given in section 10(2)\nand includes a copy of the order.\nmember, of an organisation, includes:\n(a) an associate member or prospective member (however\ndescribed) of the organisation; and\n(b) a person who identifies himself or herself, in any way, as\nbelonging to the organisation; and\n(c) a person who is treated by the organisation or members of the\norganisation as if he or she belongs to the organisation; and\n(d) if the organisation is a body corporate – a director or an officer\nof the body corporate, as defined in section 9 of the\nCorporations Act 2001.\nobjector means:\n(a) for an objection to a public safety order – the person who\nlodges a notice of objection to the public safety order under\nsection 51(2); or\n(b) for an objection to a fortification removal order – the person\nwho lodges a notice of objection to the fortification removal\norder under section 63(1).\noccupation means an occupation, trade, profession or calling of\nany kind.\noccupier, in relation to premises, means a person who has, or is\nentitled to, possession or control of the premises.\norganisation means any incorporated body or unincorporated\ngroup (however structured), whether or not the body or group:\n(a) is based outside the Territory; or\n\nPart 2 Definitions and key concepts\nSerious Crime Control Act 2009 5\n(b) consists of persons who are not ordinarily resident in the\nTerritory; or\n(c) is part of a larger organisation.\npersonal details, in relation to a person, means the following:\n(a) the person’s full name;\n(b) the person’s date of birth;\n(c) the address where the person is living;\n(d) the address where the person usually lives;\n(e) the person’s business address.\npremises includes:\n(a) a building or other structure on land; and\n(b) a part of a building or other structure on land; and\n(c) land.\nprescribed activity means any of the following:\n(a) being a Licensee or licensed employee as defined in section 3\nof the Gaming Control Act 1993;\n(b) being a crowd controller or security officer, or operating a\nbusiness as a security provider, as defined in section 3 of the\nPrivate Security Act 1995;\n(c) acting as a pawnbroker or second-hand dealer as defined in\nsection 244(1) of the Consumer Affairs and Fair Trading\nAct 1990;\n(d) carrying on business as a commercial agent, inquiry agent,\nprocess server or private bailiff as defined in section 3(1) of\nthe Commercial and Private Agents Licensing Act 1979;\n(e) using a firearm as defined in section 3(1) of the Firearms\nAct 1997 or carrying on business under a firearms dealer\nlicence as mentioned in section 16 of that Act;\n(f) being a tow truck operator as defined in clause 3 of the\nSchedule to the Consumer Affairs and Fair Trading (Tow\nTruck Operators Code of Practice) Regulations 1996;\n\nPart 2 Definitions and key concepts\nSerious Crime Control Act 2009 6\n(g) carrying on the business of a licenced dealer as defined in\nsection 125(1) of the Consumer Affairs and Fair Trading\nAct 1990;\n(h) being a licensee under the Liquor Act 2019;\n(i) conducting business under a licence issued under the Racing\nand Wagering Act 2024;\n(j) any activity required to be registered under the Racing and\nWagering Act 2024;\n(k) an activity required to be licensed under the Dangerous\nGoods Act 1998;\n(l) any other activity prescribed by regulation, including an activity\nunder an Act mentioned in paragraphs (a) to (k).\npublic safety order has the meaning given in section 9(1) and\nincludes a copy of the order.\nreasonably believes means believes on reasonable grounds.\nreasonably suspects means suspects on reasonable grounds.\nregistered proprietor, see section 4 of the Land Title Act 2000.\nregistrar means the following:\n(a) for the Supreme Court and Court of Appeal – a Registrar of\nthe Supreme Court of the Northern Territory appointed under\nsection 48 of the Supreme Court Act 1979;\n(b) for the Local Court – a registrar as defined in section 3 of the\nLocal Court Act 2015.\nregulatory authority means a person or body having a function\nconferred by legislation of authorising persons in connection with\ncarrying on an occupation or activity.\nrespondent means the organisation to whom a declaration\napplication relates.\nrestriction period, see section 9(2).\nsenior police officer means any of the following:\n(a) the Commissioner;\n(b) an Assistant Commissioner;\n\nPart 2 Definitions and key concepts\nSerious Crime Control Act 2009 7\n(c) a Deputy Commissioner;\n(d) another police officer of or above the rank as prescribed by\nregulation that is at least the rank of sergeant.\nserious criminal activity means the commission of serious\ncriminal offences.\nserious criminal offence means:\n(a) an offence for which a law in force in the Territory provides for\na maximum penalty of a period of imprisonment of 5 years or\nmore, other than an offence prescribed by regulation; or\n(b) an act or omission committed outside the Territory that would\nbe an offence of a kind mentioned in paragraph (a) if it were\ncommitted in the Territory.\nNote for section 6\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Declared organisation","content":"7 Declared organisation\nA declared organisation is an organisation in relation to which a\ndeclaration under section 15 is in force.\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Control order and controlled person","content":"8 Control order and controlled person\n(1) A control order is an order made by the Supreme Court under\nsection 25(2)(a) or 26(4)(a) in relation to a specified person, that\nprohibits the person from:\n(a) associating with another controlled person; and\n(b) if the order is made on the ground that the person is a\nmember or former member of a declared organisation –\nengaging in conduct for the purpose of recruiting another\nperson to become a member of the organisation.\n(2) The control order may also contain terms mentioned in section 27.\n(3) A controlled person is a person to whom a control order that is in\nforce relates.\n","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Public safety order and restriction period","content":"9 Public safety order and restriction period\n(1) A public safety order is an order made by a senior police officer\nunder section 42 prohibiting a person or class of persons from\nbeing present at specified premises for a specified period.\n\n","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"Definitions and key concepts","content":"Part 2 Definitions and key concepts\nSerious Crime Control Act 2009 8\n(2) The specified period is the restriction period for the public safety\norder.\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Fortification and fortification removal order","content":"10 Fortification and fortification removal order\n(1) A fortification is any security measure involving a structure or\ndevice forming part of, or attached to, premises, if the security\nmeasure:\n(a) is intended or designed to prevent or impede police access to\nthe premises; or\n(b) has, or could have, the effect of preventing or impeding police\naccess to the premises and is excessive for the particular type\nof premises.\n(2) A fortification removal order is an order that:\n(a) is made by the Local Court under section 60; and\n(b) is directed to the occupier of premises or, if there is more than\n1 occupier, any 1 or more of the occupiers of the premises;\nand\n(c) requires the named occupier or occupiers to remove or modify\nfortifications at the premises, as specified in the order.\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Matters before commencement may be relevant","content":"11 Matters before commencement may be relevant\n(1) This section applies to a reference in this Act to any of the following\nmatters (each of which is a relevant matter):\n(a) an offence;\n(b) a conviction for an offence;\n(c) an act or omission (including, for example, engaging in an\nactivity, behaving in a way and associating with a person);\n(d) membership of an organisation.\n(2) A reference to a relevant matter includes an offence committed,\nconviction recorded, act or omission committed, and being a\nmember of an organisation, as the case requires, whether:\n(a) before or after the commencement of this section; or\n(b) in or outside the Territory.\n(3) This section is subject to an express provision to the contrary in\nanother provision of this Act.\n\nPart 3 Declared organisations\nDivision 1 Making declaration\nSerious Crime Control Act 2009 9\nPart 3 Declared organisations\nDivision 1 Making declaration\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Grounds for making declaration","content":"12 Grounds for making declaration\n(1) The grounds for making a declaration under section 15 in relation to\nan organisation are:\n(a) that members of the organisation associate for the purpose of\norganising, planning, facilitating, supporting or engaging in\nserious criminal activity; and\n(b) that the organisation represents a risk to public safety and\norder.\n(2) For subsection (1)(a), the Supreme Court may be satisfied\nmembers of an organisation associate for the purpose of\norganising, planning, facilitating, supporting or engaging in serious\ncriminal activity:\n(a) whether or not all the members associate for that purpose or\nonly some of the members provided that, if the Court is\nsatisfied only some of the members associate for that\npurpose, the Court must be satisfied those members\nconstitute a significant group within the organisation, either in\nterms of their numbers or in terms of their capacity to influence\nthe organisation or its members; and\n(b) whether or not members associate for the purpose of\norganising, planning, facilitating, supporting or engaging in the\nsame serious criminal activities or different ones; and\n(c) whether or not the members also associate for other\npurposes.\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Commissioner may apply for declaration","content":"13 Commissioner may apply for declaration\n(1) The Commissioner may apply to the Supreme Court for a\ndeclaration under section 15 that an organisation is a declared\norganisation for this Act if the Commissioner reasonably believes\nthere are grounds as mentioned in section 12(1)(a) and (b) for\nmaking a declaration in relation to the organisation.\nNote for subsection (1)\nSection 74 requires the Commissioner to notify the Attorney-General of the\ndeclaration application.\n\nPart 3 Declared organisations\nDivision 1 Making declaration\nSerious Crime Control Act 2009 10\n(2) The declaration application may identify the respondent by\nspecifying the name of the respondent or the name by which the\nrespondent is commonly known or by providing other particulars\nidentifying the respondent.\n(3) The declaration application must be supported by an affidavit from\nthe Commissioner or affidavits from one or more other senior police\nofficers.\n(4) The affidavit or, if there is more than one, the affidavits together\nmust include the following:\n(a) a description of the nature of the respondent and any of its\ndistinguishing characteristics;\n(b) a statement as to whether the respondent is a declared\norganisation under a corresponding law;\n(c) the name of any person the deponent of the affidavit\nreasonably believes is a member or former member of the\nrespondent, or the name by which the person is commonly\nknown;\n(d) information supporting the grounds on which the declaration is\nsought;\n(e) details of any previous declaration application made in relation\nto the respondent and the outcome of the application.\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Protected submission","content":"14 Protected submission\n(1) This section applies if a person:\n(a) wishes to make a submission in relation to a declaration\napplication; but\n(b) does not wish to be present at the hearing for the declaration\napplication because the person reasonably believes he or she\nmay be subjected to action comprising or involving injury,\ndamage, loss, intimidation or harassment in reprisal for\nmaking the submission.\n(2) The Supreme Court may allow the person to make a submission to\nthe Court in private in the absence of the parties to the\nproceedings, their representatives and the public (a protected\nsubmission).\n(3) If a protected submission is made, the Supreme Court must take\nsteps to maintain the confidentiality of the submission.\n\nPart 3 Declared organisations\nDivision 1 Making declaration\nSerious Crime Control Act 2009 11\n(4) Despite subsections (2) and (3):\n(a) the registrar must advise the Commissioner and Attorney-\nGeneral about a protected submission before it is made; and\n(b) the Commissioner and Attorney-General are entitled to be\npresent when the submission is made.\n(5) In this section, a reference to the Commissioner or the Attorney-\nGeneral includes a legal practitioner representing the\nCommissioner or the Attorney-General or both.\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Supreme Court may make declaration","content":"15 Supreme Court may make declaration\n(1) At the hearing for a declaration application, the Supreme Court\nmust determine whether there are grounds as mentioned in\nsection 12(1)(a) and (b) for making a declaration in relation to the\nrespondent and whether it is appropriate to do so.\n(2) In considering whether or not to make a declaration, the Supreme\nCourt may have regard to any of the following:\n(a) whether the respondent is a declared organisation under a\ncorresponding law;\n(b) any information suggesting a link exists between the\nrespondent and serious criminal activity;\n(c) any convictions recorded in relation to current or former\nmembers of the respondent;\n(d) any information suggesting current or former members of the\nrespondent have been or are involved in serious criminal\nactivity (whether directly or indirectly and whether or not the\ninvolvement has resulted in any convictions);\n(e) any information suggesting members of an interstate or\noverseas chapter or branch of the respondent associate for\nthe purpose of organising, planning, facilitating, supporting or\nengaging in serious criminal activity;\n(f) any other matter the Court considers relevant.\n(3) The Supreme Court may:\n(a) if it determines there are grounds as mentioned in\nsection 12(1)(a) and (b) for making a declaration in relation to\nthe respondent and it is appropriate to do so – make a\ndeclaration that the respondent is a declared organisation for\nthis Act; or\n\nPart 3 Declared organisations\nDivision 2 Revoking declaration\nSerious Crime Control Act 2009 12\n(b) if it determines otherwise – dismiss the application.\n(4) A declaration may be made whether or not the respondent is\npresent.\n(5) To avoid doubt, nothing prevents the making of a declaration in\nrelation to an organisation that has been the subject of a previous\ndeclaration that has been revoked in accordance with this Part.\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Notice of declaration","content":"16 Notice of declaration\n(1) As soon as practicable after a declaration is made under this Part,\nthe Commissioner must publish notice of the declaration:\n(a) in the Gazette; and\n(b) in a newspaper circulating throughout the Territory.\n(2) The declaration is of no effect until notice of it is published under\nsubsection (1)(a).\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Duration and application of declaration","content":"17 Duration and application of declaration\n(1) A declaration remains in force unless and until it is revoked in\naccordance with this Part.\n(2) A change in the name or membership of a declared organisation\ndoes not affect the declaration relating to the organisation.\nDivision 2 Revoking declaration\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Revocation of declaration","content":"18 Revocation of declaration\n(1) The Supreme Court may revoke a declaration on an application to\ndo so under this section.\n(2) An application may be made by:\n(a) the Commissioner, at any time; or\n(b) subject to section 20 – the declared organisation, or a member\nof the declared organisation, to which the declaration relates.\nNote for subsection (2)\nSection 74 requires the Commissioner to notify the Attorney-General of an\napplication made under this section.\n(3) The Commissioner is a party to any proceedings for an application\nmade by the declared organisation or a member of the declared\norganisation.\n\nPart 3 Declared organisations\nDivision 3 Evidence\nSerious Crime Control Act 2009 13\n(4) The Supreme Court may revoke the declaration only if satisfied\nthere has been a substantial change in the nature or membership of\nthe declared organisation to the extent that:\n(a) members of the organisation no longer associate for the\npurpose of organising, planning, facilitating, supporting or\nengaging in serious criminal activity; and\n(b) the organisation no longer represents a risk to public safety\nand order.\n(5) If the Supreme Court decides to revoke a declaration, the\ndeclaration is revoked on the date specified by the Court, which\nmust be no earlier than 28 days after the day on which the decision\nof the Court takes effect.\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Notice of revocation","content":"19 Notice of revocation\nAs soon as reasonably practicable after a declaration is revoked,\nthe Commissioner must publish notice of the revocation in the\nGazette and in a newspaper circulating throughout the Territory.\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Limitation on number and timing of applications for revocation","content":"20 Limitation on number and timing of applications for revocation\n(1) A declared organisation or a member of a declared organisation\nmay not apply for the revocation of a declaration until at\nleast 12 months after the declaration is made.\n(2) An application may not be made under section 18(2)(b) if any\napplication has been made under that paragraph (whether by the\nsame or a different applicant) within the preceding period\nof 12 months.\nDivision 3 Evidence\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Court not bound by rules of evidence","content":"21 Court not bound by rules of evidence\n(1) This section applies to:\n(a) the hearing of an application made under this Part by the\nSupreme Court; and\n(b) the hearing of an appeal against a decision of the Supreme\nCourt under this Part by the Court of Appeal.\n(2) In conducting the hearing the court is not bound by the rules of\nevidence and may inform itself in any way it considers appropriate.\n\nPart 4 Control orders\nDivision 1 Making control order\nSerious Crime Control Act 2009 14\nPart 4 Control orders\nDivision 1 Making control order\n","sortOrder":20},{"sectionNumber":"23","sectionType":"section","heading":"Grounds for making control order","content":"23 Grounds for making control order\n(1) Each of the following is a ground for making a control order in\nrelation to a person:\n(a) the person is a member of a declared organisation;\n(b) the person is a former member of an organisation that is a\ndeclared organisation;\n(c) the person:\n(i) engages, or has engaged, in serious criminal activity;\nand\n(ii) regularly associates with members of a declared\norganisation;\n(d) the person:\n(i) engages, or has engaged, in serious criminal activity;\nand\n(ii) regularly associates with other persons who engage, or\nhave engaged, in serious criminal activity.\n(2) To avoid doubt, a control order may be made in relation to a person\non the ground that he or she is a member or former member of a\ndeclared organisation even if an application has been made under\nsection 18 to revoke the declaration relating to the organisation and\nthe application has yet to be decided.\n","sortOrder":21},{"sectionNumber":"24","sectionType":"section","heading":"Application for control order","content":"24 Application for control order\n(1) The Commissioner may apply to the Supreme Court for a control\norder in relation to a specified person if the Commissioner\nreasonably believes there is a ground for making a control order in\nrelation to the person.\n(2) The grounds of the application must be verified by:\n(a) an affidavit from the Commissioner; or\n(b) affidavits from 1 or more other senior police officers.\n\nPart 4 Control orders\nDivision 1 Making control order\nSerious Crime Control Act 2009 15\n","sortOrder":22},{"sectionNumber":"25","sectionType":"section","heading":"Hearing of application by Supreme Court","content":"25 Hearing of application by Supreme Court\n(1) At the hearing of an application for a control order, in relation to\neach person specified in the application the Supreme Court:\n(a) may hear further information from the Commissioner; and\n(b) must determine whether there is a ground for making a control\norder in relation to the person, and whether it is appropriate to\ndo so, taking into account:\n(i) the affidavit or affidavits verifying the grounds of the\napplication for the order; and\n(ii) any further information supplied by the Commissioner.\n(2) The Supreme Court may:\n(a) if it determines there is a ground for making a control order in\nrelation to the person and it is appropriate to do so – make a\ncontrol order; or\n(b) if it determines otherwise – do either of the following:\n(i) dismiss the application;\n(ii) order the hearing (the adjourned hearing) be adjourned\nuntil the person is given notice of the application, and fix\nthe date on which, and time at which, the adjourned\nhearing is to be held.\nNote for subsection (2)\nAlthough an application may be made in relation to more than 1 person, a control\norder must relate only to a single person.\n(3) Despite anything to the contrary in the Supreme Court Act 1979, a\ndecision of the Supreme Court under subsection (2)(a) cannot be\nappealed.\n","sortOrder":23},{"sectionNumber":"26","sectionType":"section","heading":"Adjourned hearing","content":"26 Adjourned hearing\n(1) This section applies if the Supreme Court orders an adjourned\nhearing for an application for a control order in relation to a person.\n(2) At least 28 days before the date fixed for the adjourned hearing, the\nCommissioner must serve on the person a written notice setting out\nthe following information:\n(a) a statement that an application under section 24 for a control\norder has been made in relation to the person;\n\nPart 4 Control orders\nDivision 1 Making control order\nSerious Crime Control Act 2009 16\n(b) a brief explanation of the effect of Part 4, Division 3 if a control\norder is made;\n(c) the date on which, and the time at which, the adjourned\nhearing will be held.\n(3) At the adjourned hearing, the Supreme Court:\n(a) may hear evidence by or for the Commissioner and the\nperson; and\n(b) must determine whether there is a ground for making a control\norder in relation to the person, and whether it is appropriate to\ndo so, taking into account:\n(i) the affidavit or affidavits verifying the grounds of the\napplication for the control order; and\n(ii) any other evidence provided at the hearing by or for the\nCommissioner or the person.\n(4) The Supreme Court may:\n(a) if it determines there is a ground for making a control order in\nrelation to the person and it is appropriate to do so – make a\ncontrol order; or\n(b) if it determines otherwise – dismiss the application.\n","sortOrder":24},{"sectionNumber":"27","sectionType":"section","heading":"Control order may include prohibition, suspension of","content":"27 Control order may include prohibition, suspension of\napplication or authority or exemption\n(1) This section applies if the Supreme Court makes a control order in\nrelation to a person, whether under section 25(2)(a) or 26(4)(a).\n(2) If the Supreme Court considers it appropriate, the control order may\nprohibit the person from:\n(a) doing any of the following:\n(i) associating with a specified person;\n(ii) being present at specified premises;\n(iii) being present at a specified event;\n(iv) possessing a specified article;\n(v) associating with a person who is a member of a declared\norganisation; or\n\nPart 4 Control orders\nDivision 1 Making control order\nSerious Crime Control Act 2009 17\n(b) possessing any of the following:\n(i) a firearm;\n(ii) a controlled weapon, offensive weapon or prohibited\nweapon or body armour, as defined in section 3 of the\nWeapons Control Act 2001;\n(iii) an explosive as defined in section 116(2) of the Police\nAdministration Act 1978;\n(iv) a dangerous drug, or drug manufacturing equipment, as\ndefined in section 120A of the Police Administration\nAct 1978.\n(3) If the Supreme Court considers it appropriate, the control order\nmay:\n(a) prohibit the person from applying for an authority to carry on a\nspecified prescribed activity or all prescribed activities; or\n(b) suspend:\n(i) any application for an authority for the person to carry on\na prescribed activity; or\n(ii) any authority to carry on a prescribed activity held by the\nperson.\n(4) If the Supreme Court considers there is a good reason why the\nperson should be allowed to associate with a particular controlled\nperson, the Court may exempt the person from the operation of\nsection 36 to the extent, and subject to the conditions, specified in\nthe control order.\n(5) The Supreme Court may exercise a power under subsection (4) on\napplication by the person or on its own initiative.\n(6) If an application or authority is suspended under subsection (3)(b):\n(a) the Commissioner must notify the relevant regulatory authority\nabout the control order and the suspension; and\n(b) the authority is suspended even if the Act providing for the\nauthority does not provide for a suspension of the authority.\n(7) A regulation may provide for matters relevant to a suspension of an\napplication or an authority.\n\nPart 4 Control orders\nDivision 1 Making control order\nSerious Crime Control Act 2009 18\n","sortOrder":25},{"sectionNumber":"28","sectionType":"section","heading":"Form of control order","content":"28 Form of control order\n(1) A control order must:\n(a) specify the name and address of the person to whom it\nrelates; and\n(b) subject to subsection (2), include a statement of the ground on\nwhich the order has been made; and\n(c) if the order is made on the ground that the person is a\nmember or former member of a declared organisation:\n(i) include a statement that the person is a member or\nformer member of a declared organisation; and\n(ii) identify the organisation and state details of the\ndeclaration under section 15; and\n(d) include a statement that the person is prohibited from:\n(i) associating with another controlled person; and\n(ii) if the order is made on the ground that the person is a\nmember or former member of a declared organisation –\nengaging in conduct for the purpose of recruiting another\nperson to become a member of the declared\norganisation; and\n(e) set out any prohibitions or other terms made under section 27;\nand\n(f) subject to subsection (3), have attached to it a copy of the\naffidavit or affidavits mentioned in section 24(2); and\n(g) set out a brief explanation of:\n(i) if the order was made under section 25(2)(a) – the\nperson's right of objection under section 31; or\n(ii) if the order was made under section 26(4)(a) – the\nperson's right of appeal.\n(2) The statement of the ground on which a control order has been\nmade must not contain information that must not be disclosed\nunder section 73.\n\nPart 4 Control orders\nDivision 2 Review of control order\nSerious Crime Control Act 2009 19\n(3) If disclosure of information included in any affidavit would\ncontravene section 73:\n(a) the affidavit does not need to be attached to the control order;\nbut\n(b) an edited copy of the affidavit, from which the information that\ncannot be disclosed has been removed or erased, must be\nattached to the order.\n","sortOrder":26},{"sectionNumber":"29","sectionType":"section","heading":"When does control order take effect","content":"29 When does control order take effect\n(1) A control order takes effect:\n(a) if the person to whom the order relates is present in court\nwhen it is made – immediately; or\n(b) otherwise – when the person is served with the order.\n(2) If the person to whom a control order relates is not present in court\nwhen the order is made, the Commissioner must serve the order on\nthe person.\n","sortOrder":27},{"sectionNumber":"30","sectionType":"section","heading":"Duration of control order","content":"30 Duration of control order\n(1) A control order remains in force until it is revoked.\n(2) If a court decides to revoke the declaration of a declared\norganisation, a control order that includes a statement that the\ncontrolled person is a member or former member of the declared\norganisation is revoked on the date the declaration is revoked.\nDivision 2 Review of control order\n","sortOrder":28},{"sectionNumber":"31","sectionType":"section","heading":"Right of objection","content":"31 Right of objection\n(1) If a control order is made in relation to a person under\nsection 25(2)(a), the person may object to the control order by\nlodging a notice of objection with the Supreme Court.\n(2) The notice of objection must:\n(a) state the grounds for the objection; and\n(b) be supported by an affidavit verifying the grounds.\n(3) The notice of objection must be lodged within 14 days after the date\nthe control order was served on the person, unless the Supreme\nCourt gives leave for it to be lodged after that period.\n\nPart 4 Control orders\nDivision 2 Review of control order\nSerious Crime Control Act 2009 20\n(4) The controlled person must serve a copy of the notice of objection\nand affidavit on the Commissioner at least 7 days before the day\nappointed for the hearing of the objection.\n(5) This section has effect despite anything to the contrary in the\nSupreme Court Act 1979.\n","sortOrder":29},{"sectionNumber":"32","sectionType":"section","heading":"Procedure on hearing of objection","content":"32 Procedure on hearing of objection\n(1) This section applies to the Supreme Court when hearing an\nobjection to a control order by the controlled person.\n(2) The objection does not affect the operation of the control order\nunless the Court orders the operation of the order is stayed until\nproceedings in relation to the objection end.\n(3) The Supreme Court:\n(a) must consider the notice of objection; and\n(b) may hear evidence by or for the controlled person and the\nCommissioner; and\n(c) must determine whether there is a ground for making a control\norder and if it is appropriate to do so.\n(4) The Supreme Court must:\n(a) if it determines there is a ground for making a control order\nand it is appropriate to do so – confirm or vary the control\norder; or\n(b) if it determines otherwise – revoke the control order.\n","sortOrder":30},{"sectionNumber":"34","sectionType":"section","heading":"Variation or revocation of control order","content":"34 Variation or revocation of control order\n(1) The Supreme Court may vary or revoke a control order on\napplication by the Commissioner or the controlled person (each of\nwhom is a party).\n(2) However, an application for variation or revocation of a control\norder may only be made by the controlled person with the leave of\nthe Supreme Court.\n(3) The Supreme Court may grant leave under subsection (2) only if\nsatisfied there has been a substantial change in the relevant\ncircumstances since the control order was made or last varied.\n\nPart 4 Control orders\nDivision 2 Review of control order\nSerious Crime Control Act 2009 21\n(4) An application for variation or revocation of a control order made by\nthe controlled person must be supported by oral evidence given on\noath.\n(5) A party who makes an application under this section must, within\n7 days of making the application, serve a copy of it on the other\nparty.\n(6) Before varying or revoking a control order, the Supreme Court must\nallow the parties a reasonable opportunity to be heard on the\nmatter.\n","sortOrder":31},{"sectionNumber":"35","sectionType":"section","heading":"Notice of variation or revocation of control order","content":"35 Notice of variation or revocation of control order\n(1) This section applies if a control order is varied or revoked.\n(2) The variation takes effect:\n(a) if the controlled person is present in court when the variation is\nmade – immediately; or\n(b) otherwise – when the controlled person is served with notice\nof the variation.\n(2A) The revocation takes effect immediately whether or not the\ncontrolled person is present in court when the revocation is made.\n(3) A registrar for the court that makes the variation or revocation must\ngive notice of the variation or revocation to:\n(a) if the Commissioner is not present in court when the control\norder is varied or revoked – the Commissioner; and\n(b) the Attorney-General.\n(4) If the controlled person is not present in court when the control\norder is varied or revoked, the Commissioner must, as soon as\npracticable after the variation or revocation is made, serve on the\ncontrolled person notice of the variation or revocation of the order.\n\nPart 4 Control orders\nDivision 3 Consequences of control order\nSerious Crime Control Act 2009 22\nDivision 3 Consequences of control order\n","sortOrder":32},{"sectionNumber":"36","sectionType":"section","heading":"Associating with another controlled person","content":"36 Associating with another controlled person\n(1) A controlled person must not associate with another controlled\nperson.\nFault elements:\nThe person:\n(a) knows, or is reckless as to whether, the other person is a\ncontrolled person; and\n(b) intends to associate with the other person.\nMaximum penalty: Imprisonment for 5 years.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the association is in accordance with an exemption\nunder section 27(4).\n(3) Subject to the terms of a control order, the following forms of\nassociations are to be disregarded in applying subsection (1) to a\ndefendant to whom the control order relates if the defendant proves\nthe association was reasonable in the circumstances:\n(a) associations between close family members;\n(aa) associations between a person who has impaired\ndecision-making capacity (as defined in section 3 of the\nAdvance Personal Planning Act 2013) for a matter and a\ndecision maker (as defined in that section) for the person for\nthat matter;\n(b) associations occurring in the course of a lawful occupation,\nbusiness or profession;\n(c) associations occurring at a course of training or education, as\nprescribed by regulation, between persons enrolled in the\ncourse;\n(d) associations occurring at a rehabilitation, counselling or\ntherapy session, as prescribed by regulation;\n(e) associations occurring in lawful custody or in the course of\ncomplying with a court order;\n(f) other associations, as prescribed by regulation.\n\nPart 4 Control orders\nDivision 3 Consequences of control order\nSerious Crime Control Act 2009 23\n(4) To avoid doubt, in proceedings for an offence against\nsubsection (1), it is not necessary for the prosecution to prove:\n(a) the defendant associated with another person for any\nparticular purpose; or\n(b) the association would have led to the commission of any\noffence.\n(5) In this section:\nclose family member, of a specified person, means:\n(a) a person who is a spouse or former spouse of the specified\nperson; or\n(b) a person who is, or has been, in a domestic relationship with\nthe specified person; or\n(c) a person who is a parent or grandparent of the specified\nperson (whether by blood or by marriage); or\n(d) a person who is a child or grandchild of the specified person\n(whether by blood or by marriage); or\n(e) a person who is a brother or sister of the specified person\n(whether by blood or by marriage); or\n(f) a person who is a guardian or carer of the specified person; or\n(g) a person for whom the specified person is a guardian or carer.\ndomestic relationship means the relationship between 2 persons\n(whether or not they are related by family and irrespective of their\ngender) who live together as a couple on a genuine domestic basis,\nbut does not include:\n(a) the relationship between spouses; or\n(b) a relationship where 1 of the persons provides the other with\ndomestic support or personal care (or both) for fee or reward,\nor on behalf of some other person or an organisation of\nwhatever kind.\nNote for definition domestic relationship\nTwo persons may live together as a couple on a genuine domestic basis whether\nor not a sexual relationship exists, or has ever existed, between them.\n\nPart 4 Control orders\nDivision 3 Consequences of control order\nSerious Crime Control Act 2009 24\n","sortOrder":33},{"sectionNumber":"37","sectionType":"section","heading":"Recruiting person to become member of declared organisation","content":"37 Recruiting person to become member of declared organisation\n(1) This section applies to a controlled person who is stated to be a\nmember or former member of a declared organisation in a control\norder that is in force.\n(2) The controlled person must not engage in conduct for the purpose\nof recruiting another person to become a member of the declared\norganisation.\nFault elements:\nThe person:\n(a) intentionally engages in conduct; and\n(b) intends that the other person become a member of the\ndeclared organisation.\nMaximum penalty: Imprisonment for 5 years.\n(3) In this section:\nrecruiting includes counselling, procuring, soliciting, inciting and\ninducing.\n","sortOrder":34},{"sectionNumber":"38","sectionType":"section","heading":"Applying for authority in contravention of control order","content":"38 Applying for authority in contravention of control order\n(1) This section applies to a controlled person if a control order that is\nin force in relation to the person prohibits him or her from applying\nfor an authority to carry on a prescribed activity.\n(2) The controlled person must not apply for an authority to carry on\nthe prescribed activity.\nFault element: Intention.\nMaximum penalty: 50 penalty units or imprisonment for\n6 months.\n","sortOrder":35},{"sectionNumber":"39","sectionType":"section","heading":"Other contravention of control order","content":"39 Other contravention of control order\n(1) A controlled person commits an offence if he or she engages in\nconduct that contravenes a control order that is in force.\nFault element: Intention.\nMaximum penalty: Imprisonment for 5 years.\n\nPart 4 Control orders\nDivision 3 Consequences of control order\nSerious Crime Control Act 2009 25\n(2) This section does not apply to the following conduct:\n(a) associating with another controlled person;\n(b) engaging in conduct for the purpose of recruiting another\nperson to become a member of a declared organisation;\n(c) applying for an authority to carry on a prescribed activity.\nNote for subsection (2)\nConduct mentioned in subsection (2) is dealt with in sections 36 to 38.\n","sortOrder":36},{"sectionNumber":"40","sectionType":"section","heading":"Defence and evidence","content":"40 Defence and evidence\n(1) It is a defence to a prosecution for an offence against this Division if\nthe defendant did not know he or she was a controlled person and\nthe defendant is a controlled person as a result of a control order\nbeing served on him or her only in 1 or more of the following ways:\n(a) by sending the order by prepaid post to premises at which the\ndefendant did not, at the time of service, live or work;\n(b) by sending the order by fax to a fax number for premises at\nwhich the defendant did not, at the time of service, live or\nwork;\n(c) by leaving the order with a person at premises at which the\ndefendant did not, at the time of service, live or work.\n(2) For this Division, a control order made in relation to a person is\nconclusive evidence of the terms of the order.\n","sortOrder":37},{"sectionNumber":"41","sectionType":"section","heading":"Authority for prescribed activity","content":"41 Authority for prescribed activity\n(1) Any proceedings under another Act (including an appeal or review)\nrelating to an authority that is suspended under section 27 are\nstayed while the authority is suspended.\n(2) A suspension of an application for an authority or authority, and a\nstay of proceedings, is effected despite any other Act or any law,\naward or industrial or other agreement affecting the employment of\nthe person holding the authority, and neither the Territory nor the\nregulatory authority that issues the authority incurs any liability\nbecause of the suspension or stay.\n(3) The suspension under this Act of an application for an authority or\nan authority does not limit the power of a regulatory authority to\nreject the application or cancel or revoke the authority.\n\nPart 5 Public safety orders\nDivision 1 Making, varying and revoking public safety order\nSerious Crime Control Act 2009 26\nPart 5 Public safety orders\nDivision 1 Making, varying and revoking public safety order\n","sortOrder":38},{"sectionNumber":"42","sectionType":"section","heading":"Senior police officer may make public safety order","content":"42 Senior police officer may make public safety order\n(1) A senior police officer may make a public safety order in relation to\na specified person, or a class of persons, for a specified period if\nsatisfied:\n(a) the person being present at, or members of the class of\npersons being present at, premises for the period poses a\nserious risk to public safety or security; and\n(b) making the order for the period is appropriate.\n(2) In considering whether to make a public safety order in relation to a\nperson or class of persons, the senior police officer must have\nregard to the following:\n(a) whether the person, or members of the class of persons, have\npreviously behaved in a way that posed a serious risk to public\nsafety or security or have a history of engaging in serious\ncriminal activity;\n(b) whether the person or members of the class of persons:\n(i) are members or former members of an organisation that\nis a declared organisation; or\n(ii) are or have been controlled persons; or\n(iii) associate, or have associated, with a member of a\ndeclared organisation or a controlled person;\n(c) whether the degree of risk involved justifies the imposition of\nthe prohibition to be specified in the order (having regard, in\nparticular, to any legitimate reason the person or members of\nthe class of persons may have for being present at the\nrelevant premises);\n(d) the extent to which making the order will mitigate any serious\nrisk to public safety or security;\n(e) the extent to which the order is necessary having regard to\nother measures reasonably available to mitigate any serious\nrisk to public safety or security;\n(f) any other matter the officer thinks fit.\n\nPart 5 Public safety orders\nDivision 1 Making, varying and revoking public safety order\nSerious Crime Control Act 2009 27\n(3) A public safety order:\n(a) may prohibit a person from being present at premises,\nregardless of whether the person has a legal or equitable\ninterest in the premises; but\n(b) must not prohibit the person from being present at premises\nthat are the person's principal place of residence.\n(4) A person or members of a class of persons being present at\npremises poses a serious risk to public safety or security if\nthere is a serious risk the presence of the person or members of the\nclass of persons might result in:\n(a) the death of a person; or\n(b) serious physical harm to a person; or\n(c) serious damage to property or an animal.\n(5) In this section:\nserious damage includes:\n(a) in relation to property – the following:\n(i) destruction of the property;\n(ii) an alteration to the property that depreciates its value;\n(iii) rendering the property useless or inoperative; and\n(b) in relation to an animal – injuring, wounding and killing the\nanimal.\n","sortOrder":39},{"sectionNumber":"43","sectionType":"section","heading":"Limitations on making public safety order","content":"43 Limitations on making public safety order\n(1) A senior police officer must not make a public safety order\nprohibiting a person or class of persons from being present at\npremises if the officer reasonably believes the likely reason for the\nperson or members of the class of persons being present at the\npremises is non-violent advocacy, protest, dissent or industrial\naction.\n(2) Except in accordance with an authorisation order, a senior police\nofficer must not:\n(a) make a public safety order with a restriction period exceeding\n72 hours; or\n\nPart 5 Public safety orders\nDivision 1 Making, varying and revoking public safety order\nSerious Crime Control Act 2009 28\n(b) make a public safety order in relation to a person (other than a\nperson who is a member of a declared organisation) or class\nof persons if the person or class of persons has been\nrestricted, within the immediately preceding period of\n72 hours, from being present at particular premises by another\npublic safety order.\n(3) Subsections (1) and (2) apply despite sections 42 and 45.\n","sortOrder":40},{"sectionNumber":"44","sectionType":"section","heading":"Form of public safety order","content":"44 Form of public safety order\n(1) A public safety order must specify:\n(a) if the order is made in relation to 1 or more persons – the\nname and address of each person in relation to whom the\norder is made; or\n(b) if the order is made in relation to a class of persons – the class\nof persons in relation to whom the order is made.\n(2) The public safety order must also set out the terms of the order.\n","sortOrder":41},{"sectionNumber":"45","sectionType":"section","heading":"Variation of public safety order by senior police officer","content":"45 Variation of public safety order by senior police officer\n(1) A senior police officer may vary a public safety order.\n(2) However, a senior police officer may not extend the restriction\nperiod of a public safety order unless the extension is in\naccordance with an authorisation order.\n(3) In considering whether to vary a public safety order, the senior\npolice officer must have regard to the same matters a senior police\nofficer is required to have regard to in considering whether to make\na public safety order.\n(4) If a senior police officer varies a public safety order, the order as\nvaried is taken to be a public safety order made on the date of the\nvariation.\n","sortOrder":42},{"sectionNumber":"46","sectionType":"section","heading":"When does public safety order take effect","content":"46 When does public safety order take effect\n(1) A public safety order made by a senior police officer takes effect in\nrelation to a person when the following documents are served on\nthe person (regardless of whether the documents have been served\non any other person to whom the order relates):\n(a) the order;\n\nPart 5 Public safety orders\nDivision 1 Making, varying and revoking public safety order\nSerious Crime Control Act 2009 29\n(b) a written notice specifying the date the order was made and, if\nsection 51 applies to the order, setting out:\n(i) subject to subsection (2), a statement of the grounds on\nwhich the order and any relevant authorisation order was\nmade; and\n(ii) a brief explanation of the right of objection under\nsection 51.\nNote for subsection (1)\nIf a public safety order is varied by a senior police officer, under section 45(4) the\nvaried order is taken to be a new order and this section would apply.\n(2) However, if the public safety order is served under section 78(1)(b),\nthe order takes effect on the date of the Gazette published as\nstated in that paragraph.\n(3) A statement of the grounds on which a public safety order or an\nauthorisation order has been made must not contain information\nthat must not be disclosed under section 73.\n","sortOrder":43},{"sectionNumber":"47","sectionType":"section","heading":"Duration of public safety order","content":"47 Duration of public safety order\nA public safety order remains in force until:\n(a) it is revoked; or\n(b) the end of the restriction period specified in the order.\n","sortOrder":44},{"sectionNumber":"48","sectionType":"section","heading":"Revocation of public safety order","content":"48 Revocation of public safety order\n(1) A senior police officer:\n(a) may revoke a public safety order; and\n(b) must revoke a public safety order if satisfied the grounds for\nmaking the order no longer exist.\n(2) If the Commissioner is satisfied the grounds for making a public\nsafety order no longer exist, the Commissioner must revoke it.\n(3) As soon as practicable after a person revokes a public safety order,\nthe person must serve notice of the revocation on each person to\nwhom the order related.\n\nPart 5 Public safety orders\nDivision 2 Procedure for obtaining authorisation order\nSerious Crime Control Act 2009 30\nDivision 2 Procedure for obtaining authorisation order\n","sortOrder":45},{"sectionNumber":"49","sectionType":"section","heading":"Particular public safety orders must be authorised by Local","content":"49 Particular public safety orders must be authorised by Local\nCourt\n(1) If a senior police officer wishes to make a public safety order of a\nkind mentioned in section 43(2)(a) or (b), the officer may apply to\nthe Local Court for an order (an authorisation order) authorising\nthe officer to make an order of that kind.\n(2) The grounds of the application must be verified by affidavit.\n(3) An authorisation order may be made by the Local Court on an\napplication made without notice to any person.\n(4) An authorisation order must specify the maximum restriction period\nthat may be specified in the relevant public safety order.\n","sortOrder":46},{"sectionNumber":"50","sectionType":"section","heading":"Application for authorisation order by telephone","content":"50 Application for authorisation order by telephone\n(1) If it is impracticable for a senior police officer to make an application\nto the Local Court for an authorisation order, the officer may apply\nto a Local Court Judge for the order, and the application may be\ndealt with by a Local Court Judge, by telephone under this section.\n(2) The applicant must inform the Local Court Judge:\n(a) the applicant is a senior police officer; and\n(b) of the applicant's name and rank.\n(3) On receiving the information mentioned in subsection (2), the Local\nCourt Judge is entitled to assume, without further inquiry, the\napplicant is authorised to make an application for an authorisation\norder.\n(4) The Local Court Judge must satisfy himself or herself (as far as\npracticable), by the oral questioning of the applicant and any other\navailable witness by telephone, that the case is of sufficient urgency\nto justify dealing with the application without requiring the personal\nattendance of the applicant.\n(5) If under subsection (4):\n(a) the Local Court Judge is not satisfied it is appropriate to deal\nwith the application, the Local Court Judge must direct the\napplicant to apply to the Local Court under section 49; or\n\nPart 5 Public safety orders\nDivision 3 Review of public safety order\nSerious Crime Control Act 2009 31\n(b) the Local Court Judge is satisfied it is appropriate to deal with\nthe application, the applicant must inform the Local Court\nJudge of the grounds on which the applicant proposes to\nmake the public safety order.\n(6) If the Local Court Judge is satisfied there are sufficient grounds for\nthe applicant to make the public safety order, the Local Court Judge\nmust inform the applicant of the facts the magistrate considers\njustify the making of the public safety order (the relevant facts).\n(7) If the applicant undertakes to make an affidavit verifying the\nrelevant facts, the Local Court Judge may:\n(a) make the authorisation order noting on the order the relevant\nfacts; and\n(b) inform the applicant of the terms of the authorisation order.\n(8) As soon as practicable after the authorisation order is made:\n(a) the applicant must forward to the Judge an affidavit verifying\nthe relevant facts; and\n(b) the Local Court Judge must:\n(i) forward to the applicant a copy of the order; and\n(ii) file the order, or a copy of the order, and the affidavit\nforwarded by the applicant, in the Local Court .\n(9) An authorisation order made by a Local Court Judge under this\nsection is taken to be an authorisation order made by the Local\nCourt under section 49.\nDivision 3 Review of public safety order\n","sortOrder":47},{"sectionNumber":"51","sectionType":"section","heading":"Right of objection","content":"51 Right of objection\n(1) This section applies to a person to whom a public safety order\nrelates if the restriction period specified in the order:\n(a) is more than 7 days; or\n(b) does not start on or immediately after the date the order takes\neffect under section 46.\n(2) The person may object to the public safety order by lodging a notice\nof objection with the Local Court.\n\nPart 5 Public safety orders\nDivision 3 Review of public safety order\nSerious Crime Control Act 2009 32\n(3) The notice of objection must:\n(a) state the grounds for the objection; and\n(b) be lodged by the earlier of:\n(i) the end of the restriction period specified in the public\nsafety order; or\n(ii) the end of the 14 day period starting on the date the\norder, or the order as varied, took effect in relation to the\nobjector.\n(4) The objector must serve a copy of the notice of objection on the\nCommissioner at least 7 days before the day appointed for the\nhearing of the objection.\n(5) This section has effect despite anything to the contrary in the Local\nCourt (Criminal Procedure) Act 1928.\n","sortOrder":48},{"sectionNumber":"52","sectionType":"section","heading":"Procedure on hearing of objection","content":"52 Procedure on hearing of objection\n(1) This section applies to the Local Court when hearing an objection to\na public safety order.\n(2) The objection does not affect the operation of the public safety\norder.\n(3) The Local Court:\n(a) must consider the notice of objection; and\n(b) may hear evidence by or for the objector and the\nCommissioner about the objection; and\n(c) must determine whether there are sufficient grounds for\nmaking a public safety order and if it is appropriate to do so.\n(4) The Local Court must:\n(a) if it determines there are sufficient grounds for making a public\nsafety order and it is appropriate to do so – confirm or vary the\norder; or\n(b) if it determines otherwise – rescind the order.\n(5) If a public safety order is rescinded it is taken never to have come\ninto effect.\n\nPart 5 Public safety orders\nDivision 3 Review of public safety order\nSerious Crime Control Act 2009 33\n","sortOrder":49},{"sectionNumber":"54","sectionType":"section","heading":"Notice of making, variation or rescission of public safety order","content":"54 Notice of making, variation or rescission of public safety order\nby court\n(1) This section applies if, as a result of a court decision, a public\nsafety order is made, varied or rescinded.\n(2) The public safety order or variation of the public safety order takes\neffect:\n(a) for a class order – when the order or notice of the variation is\nserved as mentioned in subsection (4); or\n(b) for an order other than a class order if the person to whom the\norder relates is present in court when the order or variation is\nmade – immediately; or\n(c) for an order other than a class order if the person to whom the\norder relates is not present in court when the order or variation\nis made – when the person is served with the order or notice\nof the variation as mentioned in subsection (5).\n(3) If the Commissioner is not present in court when the public safety\norder is made, varied or rescinded, a registrar for the court must\ngive notice of the making, variation or rescission of the order to the\nCommissioner.\n(4) If a class order is made, varied or rescinded the Commissioner\nmust, as soon as practicable, serve the order or notice of the\nvariation or rescission under section 78.\n(5) If a public safety order, other than a class order, is made, varied or\nrescinded, and the person to whom the order relates or related is\nnot present in court when the order is made, varied or rescinded,\nthe Commissioner must, as soon as practicable, serve the order or\nnotice of the variation or rescission on the person.\n(6) In this section:\nclass order means a public safety order in relation to a class of\npersons.\n\nPart 5 Public safety orders\nDivision 4 Offence, enforcement and related matters\nSerious Crime Control Act 2009 34\nDivision 4 Offence, enforcement and related matters\n","sortOrder":50},{"sectionNumber":"55","sectionType":"section","heading":"Contravention of public safety order","content":"55 Contravention of public safety order\n(1) A person in relation to whom a public safety order is in force must\nnot contravene the order.\nFault elements:\nThe person:\n(a) knows, or is reckless as to whether, the order is in force; and\n(b) intentionally engages in conduct which contravenes the order.\nMaximum penalty: Imprisonment for 5 years.\nNote for subsection (1)\nA public safety order is not in force in relation to a person until it has been served\non the person.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if:\n(a) the defendant has a reasonable excuse; or\n(b) the defendant did not know the public safety order was in\nforce and the public safety order was served on the defendant\nonly in 1 or more of the following ways:\n(i) by sending the order by prepaid post to premises at\nwhich the defendant did not, at the time of service, live\nor work;\n(ii) by sending the order by fax to a fax number for premises\nat which the defendant did not, at the time of service, live\nor work;\n(iii) by leaving the order with a person at premises at which\nthe defendant did not, at the time of service, live or work.\n","sortOrder":51},{"sectionNumber":"56","sectionType":"section","heading":"Power to search premises and vehicles","content":"56 Power to search premises and vehicles\n(1) A police officer may search any premises specified in a public\nsafety order if the officer reasonably suspects a person in relation to\nwhom a public safety order is in force is at or in the premises.\n(2) However, the police officer may remain on the premises only for as\nlong as is reasonably necessary to find out if the person is or has\nbeen on the premises.\n\n","sortOrder":52},{"sectionNumber":"Part 5","sectionType":"part","heading":"Public safety orders","content":"Part 5 Public safety orders\n","sortOrder":53},{"sectionNumber":"Div 4","sectionType":"division","heading":"Offence, enforcement and related matters","content":"Division 4 Offence, enforcement and related matters\nSerious Crime Control Act 2009 35\n(3) A police officer may stop and search a vehicle, and search anything\nin or on the vehicle, if the officer reasonably suspects:\n(a) a person in the vehicle is a person in relation to whom a public\nsafety order is in force; and\n(b) the vehicle is approaching, is in or has recently left any\npremises specified in the public safety order.\n(4) However, the police officer may detain the vehicle, or an occupant\nof the vehicle, only for as long as is reasonably necessary to find\nout if the person in relation to whom a public safety order is in force\nis in the vehicle.\n(5) If a police officer detains an occupant of a vehicle stopped under\nthis section only for as long as is reasonably necessary to conduct\na search under this section, that action does not, by itself, constitute\nan arrest of the person.\n(6) For section 112(1) of the Criminal Code, a person detained under\nthis section is in the lawful custody of the police officer while\ndetained.\n(7) For exercising a power under subsections (1) to (4), a police officer\nmay require a person to do a specified act directed towards\nascertaining whether a public safety order has been contravened.\n(8) A person must not fail or refuse to comply with a requirement of a\npolice officer under this section.\nFault elements:\nThe person:\n(a) knows, or is reckless as to whether, the person who issued\nthe requirement is a police officer; and\n(b) intentionally fails or refuses to comply with the requirement.\nMaximum penalty: Imprisonment for 5 years.\n(9) It is a defence to a prosecution for an offence against\nsubsection (8) if the defendant has a reasonable excuse.\n","sortOrder":54},{"sectionNumber":"57","sectionType":"section","heading":"Proof of public safety order","content":"57 Proof of public safety order\nIn any proceedings, an apparently genuine document purporting to\nbe a public safety order is to be accepted, in the absence of proof\nto the contrary, as proof of the order and its terms.\n\nPart 6 Fortification removal orders\nDivision 1 Making fortification removal order\nSerious Crime Control Act 2009 36\nPart 6 Fortification removal orders\nDivision 1 Making fortification removal order\n","sortOrder":55},{"sectionNumber":"58","sectionType":"section","heading":"Grounds for making fortification removal order","content":"58 Grounds for making fortification removal order\n(1) Each of the following is a ground for making a fortification removal\norder in relation to premises:\n(a) the premises are fortified and it is reasonable to believe the\npremises are being, have been, or are likely to be, used:\n(i) for, or in connection with, the commission of a serious\ncriminal offence; or\n(ii) to conceal evidence of, or in connection with, the\ncommission of a serious criminal offence; or\n(iii) to keep the proceeds of a serious criminal offence;\n(b) the premises are fortified and:\n(i) are owned, either legally or beneficially, by a declared\norganisation or a member of a declared organisation; or\n(ii) are occupied or habitually used as a place of resort by\nmembers of a declared organisation.\n(2) In this section:\nowned, for a body corporate, includes owned by a related body\ncorporate of the body corporate.\nrelated body corporate, see section 9 of the Corporations\nAct 2001.\n","sortOrder":56},{"sectionNumber":"59","sectionType":"section","heading":"Application for fortification removal order","content":"59 Application for fortification removal order\n(1) The Commissioner may apply to the Local Court for a fortification\nremoval order in relation to specified premises.\n(2) The grounds of the application must be verified by affidavit.\n\nPart 6 Fortification removal orders\n","sortOrder":57},{"sectionNumber":"Div 1","sectionType":"division","heading":"Making fortification removal order","content":"Division 1 Making fortification removal order\nSerious Crime Control Act 2009 37\n","sortOrder":58},{"sectionNumber":"60","sectionType":"section","heading":"Local Court may make fortification removal order","content":"60 Local Court may make fortification removal order\n(1) At the hearing of an application for a fortification removal order, the\nLocal Court must:\n(a) if it determines there is a ground for making a fortification\nremoval order and it is appropriate to do so – make a\nfortification removal order; or\n(b) if it determines otherwise – dismiss the application.\n(2) The fortification removal order may be made on an application\nmade without notice to any person.\n(3) Despite anything to the contrary in the Local Court (Criminal\nProcedure) Act, a decision of the Local Court under\nsubsection (1)(a) cannot be appealed.\n","sortOrder":59},{"sectionNumber":"61","sectionType":"section","heading":"Form of fortification removal order","content":"61 Form of fortification removal order\n(1) A fortification removal order must:\n(a) identify the premises in relation to which the order is made;\nand\n(b) name the occupier or occupiers of the premises to whom the\norder is directed; and\n(c) subject to subsection (2), include a statement of the ground on\nwhich the order has been made; and\n(d) include a statement to the effect that specified fortifications at\nthe premises must be removed or modified, as directed by the\nLocal Court, before the end of the period specified in the order\n(which must not be less than 14 days after the date of service\nof the order); and\n(e) subject to subsection (3), have attached to it a copy of the\naffidavit mentioned in section 59(2); and\n(f) set out a brief explanation of the right of objection under\nsection 63; and\n(g) set out a brief explanation of the Commissioner's power to\nenforce the order under section 67.\n(2) The statement of the ground on which the fortification removal order\nhas been made must not contain information that must not be\ndisclosed under section 73.\n\nPart 6 Fortification removal orders\nDivision 2 Review of fortification removal order\nSerious Crime Control Act 2009 38\n(3) If disclosure of information included in the affidavit would\ncontravene section 73:\n(a) the affidavit does not need to be attached to the fortification\nremoval order; but\n(b) an edited copy of the affidavit, from which the information that\ncannot be disclosed has been removed or erased, must be\nattached to the fortification removal order.\n","sortOrder":60},{"sectionNumber":"62","sectionType":"section","heading":"Service of fortification removal order","content":"62 Service of fortification removal order\nA fortification removal order must be served on:\n(a) the occupier or occupiers named in the order; and\n(b) if the registered proprietor of the premises in relation to which\nthe order has been made is not named in the order – the\nregistered proprietor.\nDivision 2 Review of fortification removal order\n","sortOrder":61},{"sectionNumber":"63","sectionType":"section","heading":"Right of objection","content":"63 Right of objection\n(1) Subject to subsection (2), a person who has been served with a\nfortification removal order may object to the order by lodging a\nnotice of objection with the Local Court.\n(2) A notice of objection cannot be lodged if a notice of objection has\npreviously been lodged in relation to the fortification removal order\n(unless proceedings in relation to the earlier notice have been\ndiscontinued).\n(3) The notice of objection must:\n(a) state the grounds for the objection; and\n(b) be lodged within 14 days after the date on which the\nfortification removal order was served on the objector.\n(4) The objector must serve a copy of the notice of objection on the\nCommissioner at least 7 days before the day appointed for the\nhearing of the objection.\n(5) This section has effect despite anything to the contrary in the Local\nCourt (Criminal Procedure) Act 1928.\n\nPart 6 Fortification removal orders\n","sortOrder":62},{"sectionNumber":"Div 2","sectionType":"division","heading":"Review of fortification removal order","content":"Division 2 Review of fortification removal order\nSerious Crime Control Act 2009 39\n","sortOrder":63},{"sectionNumber":"64","sectionType":"section","heading":"Procedure on hearing of objection","content":"64 Procedure on hearing of objection\n(1) This section applies to the Local Court when hearing an objection to\na fortification removal order.\n(2) The Local Court must, if convenient to the Court, be constituted by\nthe Local Court Judge or justices of the peace who issued the\nfortification removal order to which the objection relates.\n(3) The Local Court:\n(a) must consider the notice of objection; and\n(b) may hear evidence by or for the objector and the\nCommissioner; and\n(c) must determine whether there is a ground for making a\nfortification removal order and if it is appropriate to do so.\n(4) The Local Court must:\n(a) if it determines there is a ground for making a fortification\nremoval order and it is appropriate to do so – confirm or vary\nthe fortification removal order; or\n(b) if it determines otherwise – revoke the fortification removal\norder.\n(5) If the fortification removal order is confirmed or varied as a result of\na decision by the Local Court, the period of time allowed for\ncompliance with the order, as specified in the order, is taken to start\non the day of the Court's decision (unless the Court specifies\notherwise).\n","sortOrder":64},{"sectionNumber":"66","sectionType":"section","heading":"Notice of variation or revocation of fortification removal order","content":"66 Notice of variation or revocation of fortification removal order\n(1) This section applies if a fortification removal order is varied or\nrevoked.\n(2) If the Commissioner is not present in court when the fortification\nremoval order is varied or revoked, a registrar for the court must\ngive notice of the variation or revocation to the Commissioner.\n(3) If a person on whom the fortification removal order was served or\nrequired to be served is not present in court when the order is\nvaried or revoked, the Commissioner must, as soon as practicable,\nserve on the person notice of the variation or revocation of the\norder.\n\nPart 6 Fortification removal orders\nDivision 3 Offence, enforcement and related matters\nSerious Crime Control Act 2009 40\nDivision 3 Offence, enforcement and related matters\n","sortOrder":65},{"sectionNumber":"67","sectionType":"section","heading":"Enforcement","content":"67 Enforcement\n(1) The Commissioner may remove or modify fortifications specified in\na fortification removal order to the extent required by the order if:\n(a) any of the following apply:\n(i) a notice of objection is not lodged by the end of the\nperiod allowed under section 63(3)(b);\n(ii) the fortification removal order is confirmed or varied by\nthe Local Court under section 64 and an appeal in\nrelation to the decision of the court is not started within\nthe time prescribed under the Supreme Court Act 1979;\n(iii) an appeal results in confirmation or variation of the\nfortification removal order; and\n(b) the Commissioner is not satisfied the fortifications have, within\nthe period of time specified in the order or any further time\nallowed by the Commissioner under subsection (2), been\nremoved or modified to the extent required by the order.\n(2) The Commissioner may extend the time allowed by the fortification\nremoval order if, before the time elapses, an application is made to\nthe Commissioner for an extension of the time.\n(3) For causing fortifications to be removed or modified to the extent\nrequired by a fortification removal order, the Commissioner, or any\npolice officer authorised by the Commissioner for this section, may\ndo any of the following:\n(a) enter the premises identified in the order without warrant;\n(b) obtain expert or technical advice;\n(c) make use of any person or equipment considered necessary.\n(4) The Commissioner may seize anything that can be salvaged in the\ncourse of removing or modifying fortifications under this section,\nand may sell or dispose of it as the Commissioner considers\nappropriate.\n(5) The proceeds of any sale under subsection (4) are forfeited to the\nTerritory and, to the extent they are insufficient to meet the costs\nincurred by the Commissioner under this section, the Commissioner\nmay recover those costs as a debt from any person who caused the\nfortifications to be created.\n\n","sortOrder":66},{"sectionNumber":"Part 6","sectionType":"part","heading":"Fortification removal orders","content":"Part 6 Fortification removal orders\n","sortOrder":67},{"sectionNumber":"Div 3","sectionType":"division","heading":"Offence, enforcement and related matters","content":"Division 3 Offence, enforcement and related matters\nSerious Crime Control Act 2009 41\n","sortOrder":68},{"sectionNumber":"68","sectionType":"section","heading":"Hindering removal or modification of fortifications","content":"68 Hindering removal or modification of fortifications\n(1) A person must not obstruct the removal or modification of\nfortifications in accordance with a fortification removal order.\nFault elements:\nThe person:\n(a) knows of, or is reckless as to, the existence of the fortification\nremoval order; and\n(b) knows, or is reckless as to whether, the removal or\nmodification of fortifications is in accordance with the order;\nand\n(c) intentionally obstructs the removal or modification of\nfortifications.\nMaximum penalty: 500 penalty units or imprisonment for\n3 years.\n(2) Subsection (1) applies to the removal or modification of fortifications\nby a person who:\n(a) is, or is acting for or on the instructions of, an occupier or\nregistered proprietor of the premises; or\n(b) is acting under section 67.\n(3) In this section:\nobstruct includes any act or omission that prevents, interferes with\nor delays.\n","sortOrder":69},{"sectionNumber":"69","sectionType":"section","heading":"Liability for damage","content":"69 Liability for damage\n(1) Subject to subsection (2), no action lies against the Territory or any\nperson for damage to property resulting from enforcement of a\nfortification removal order involving the premises identified in the\norder.\n(2) However, a registered proprietor of premises may recover the\nreasonable costs associated with repair or replacement of property\ndamaged as a result of the creation of fortifications, or enforcement\nof a fortification removal order, as a debt from any person who\ncaused the fortifications to be created.\n\nPart 7 Miscellaneous\nSerious Crime Control Act 2009 42\n","sortOrder":70},{"sectionNumber":"70","sectionType":"section","heading":"Withdrawal notice","content":"70 Withdrawal notice\n(1) If the Commissioner decides not to enforce a fortification removal\norder, the Commissioner must lodge a withdrawal notice with the\nLocal Court.\n(2) The withdrawal notice must identify the relevant premises, refer to\nthe fortification removal order and state the Commissioner has\ndecided not to enforce the order.\n(3) The withdrawal notice must be served on the occupier or occupiers\nnamed in the order and all persons on whom the fortification\nremoval order was served.\n","sortOrder":71},{"sectionNumber":"71","sectionType":"section","heading":"Application of Part","content":"71 Application of Part\n(1) If the provisions of this Part are inconsistent with any other Act or\nlaw, the provisions of this Part prevail.\n(2) No application for approval is required under the Building Act 1993\nfor work required by a fortification removal order.\n(3) To avoid doubt, the Building Act 1993 applies to premises after\nwork required by a fortification removal order is completed.\n(4) This section is subject to section 84.\nPart 7 Miscellaneous\n","sortOrder":72},{"sectionNumber":"72","sectionType":"section","heading":"Court may make ancillary or consequential order","content":"72 Court may make ancillary or consequential order\n(1) This section applies if, under this Act, a court:\n(a) decides a matter in relation to a declaration under\nsection 15,control order, public safety order or fortification\nremoval order including by:\n(i) making a declaration or order; and\n(ii) confirming a declaration or order, with or without\nvariation; and\n(iii) revoking or rescinding a declaration or order; or\n(b) hears an appeal against a decision mentioned in\nparagraph (a).\n(2) In deciding the matter or the appeal, the court may make any\nancillary or consequential order it considers appropriate.\n\nPart 7 Miscellaneous\nSerious Crime Control Act 2009 43\n","sortOrder":73},{"sectionNumber":"73","sectionType":"section","heading":"Criminal intelligence","content":"73 Criminal intelligence\n(1) This section applies to the following:\n(a) an application for the making or revocation of a declaration\nmade to, and the hearing of the application by, the Supreme\nCourt under Part 3;\n(b) an appeal against a decision of the Supreme Court under\n","sortOrder":74},{"sectionNumber":"Part 3","sectionType":"part","heading":"made to, and the hearing of the appeal by, the Court of","content":"Part 3 made to, and the hearing of the appeal by, the Court of\nAppeal;\n(c) an application for the making, variation or revocation of a\ncontrol order made to, and the hearing of the application by,\nthe Supreme Court under Part 4;\n(d) an objection to the making of a control order made to, and the\nhearing of the objection by, the Supreme Court under Part 4;\n(e) an appeal against a decision of the Supreme Court under\n","sortOrder":75},{"sectionNumber":"Part 4","sectionType":"part","heading":"made to, and the hearing of the appeal by, the Court of","content":"Part 4 made to, and the hearing of the appeal by, the Court of\nAppeal;\n(f) an application for the making of an authorisation order, and\nthe hearing of the application by the Local Court or the dealing\nwith the application by a Local Court Judge, under Part 5;\n(g) an objection to the making of a public safety order made to,\nand the hearing of the objection by, the Local Court under\nPart 5;\n(h) an appeal against a decision of a Local Court Judge or the\nLocal Court under Part 5 made to, and the hearing of the\nappeal by, the Supreme Court;\n(i) an application for the making of a fortification removal order\nmade to, and the hearing of the application by, the Local Court\nunder Part 6;\n(j) an objection to the making of a fortification removal order\nmade to, and the hearing of the objection by, the Local Court\nunder Part 6;\n(k) an appeal against a decision of the Local Court under Part 6\nmade to, and the hearing of the appeal by, the Supreme\nCourt.\n(2) A court to which an application, objection or appeal to which this\nsection applies is made, must take steps to maintain the\nconfidentiality of classified information provided to it by the\n\nPart 7 Miscellaneous\nSerious Crime Control Act 2009 44\nCommissioner, including steps to receive evidence and hear\nargument about the information in private in the absence of the\nparties to the proceedings, their representatives and the public, if\nthe court considers the classified information is criminal intelligence.\n(3) If the court considers classified information is not criminal\nintelligence, the court must allow the Commissioner to withdraw the\nclassified information from consideration.\n(4) A person (other than the Commissioner or a person authorised by\nthe Commissioner) must not disclose information the court\nconsiders is criminal intelligence.\nFault elements:\nThe person:\n(a) knows, or is reckless as to whether, the information is\nconsidered criminal intelligence; and\n(b) is reckless as to whether the information is disclosed.\nMaximum penalty: 2 000 penalty units or imprisonment for\n5 years.\n(5) A person (other than the Commissioner or a person authorised by\nthe Commissioner) must not disclose classified information that is\nwithdrawn under subsection (3) to any person except:\n(a) a person conducting a review under section 85 or 86; or\n(b) the Attorney-General; or\n(c) a person to whom the Commissioner or Attorney-General\nauthorises disclosure.\nFault elements:\nThe person:\n(a) knows, or is reckless as to whether, the Commissioner has\nwithdrawn the classified information; and\n(b) is reckless as to whether the information is disclosed.\nMaximum penalty: 2 000 penalty units or imprisonment for\n5 years.\n\nPart 7 Miscellaneous\nSerious Crime Control Act 2009 45\n(6) Despite subsections (2) and (4), the court may disclose information\nit considers is criminal intelligence to:\n(a) a person conducting a review under section 85 or 86; or\n(b) the Attorney-General; or\n(c) a court or a person to whom the Commissioner authorises\ndisclosure.\n(7) In this section:\ncourt means a Local Court Judge, the Local Court, the Supreme\nCourt or the Court of Appeal.\n","sortOrder":76},{"sectionNumber":"74","sectionType":"section","heading":"Attorney-General to be notified","content":"74 Attorney-General to be notified\n(1) The Commissioner must give notice of any application under Part 3\nor 4 to the Attorney-General as soon as practicable after the\napplication is made or the Commissioner receives notice of it.\n(2) The Commissioner must provide the Attorney-General with a copy\nof the application (including any classified information) if the\nAttorney-General requests.\n(3) The Attorney-General or a legal practitioner representing the\nAttorney-General is entitled to be present and make submissions at\nthe hearing of the application.\n","sortOrder":77},{"sectionNumber":"75","sectionType":"section","heading":"Commissioner to keep register","content":"75 Commissioner to keep register\n(1) The Commissioner must keep a register of information (the\nregister) about declarations under section 15, control orders and\nfortification removal orders as in force from time to time under this\nAct.\n(2) The register may contain the following:\n(a) the name of any declared organisation (or the name by which\nit is commonly known);\n(b) the name of any person to whom a control order that is in\nforce relates (or the name by which the person is commonly\nknown).\n(4) Information contained in the register may be provided to members\nof the public in any way approved by the Commissioner.\n\nPart 7 Miscellaneous\nSerious Crime Control Act 2009 46\n(5) Without limiting subsection (4), the Commissioner may publish any\ninformation contained in the register in a newspaper circulating in\nthe Territory.\n","sortOrder":78},{"sectionNumber":"76","sectionType":"section","heading":"Provision of information relating to declared organisations","content":"76 Provision of information relating to declared organisations\n(1) A regulatory authority and the Commissioner may enter into\narrangements for supplying the regulatory authority with information\nthat:\n(a) is contained in the records of the Police Force of the Northern\nTerritory of Australia; and\n(b) concerns:\n(i) any organisation that is a declared organisation; or\n(ii) any controlled person who is an applicant for, or holder\nof, an authority under the regulatory legislation; or\n(iii) any person who is an applicant for, or holder of, an\nauthority under the regulatory legislation and who is a\nmember, or associates with any member, of a declared\norganisation; and\n(c) is reasonably necessary for the proper exercise of any\nfunction of the regulatory authority relating to authorities and\ndisciplinary proceedings under the regulatory legislation.\n(2) Arrangements made under subsection (1) are sufficient authority for\nsupplying information as mentioned in subsection (1).\n(3) The regulatory authority:\n(a) must take steps to maintain the confidentiality of any\ninformation provided by the Commissioner under\nsubsection (1) that is classified information; and\n(b) must not disclose the information to any person unless\nauthorised to do so by the Commissioner.\n(4) Nothing in this section limits or affects any other power or duty\nconferred or imposed on the Commissioner or the regulatory\nauthority under the regulatory legislation.\n\nPart 7 Miscellaneous\nSerious Crime Control Act 2009 47\n(5) In this section:\nregulatory legislation means legislation of the Territory, the\nCommonwealth, a State or another Territory requiring the\nauthorisation of persons in connection with carrying on an\noccupation or activity.\n","sortOrder":79},{"sectionNumber":"77","sectionType":"section","heading":"Service of documents under this Act","content":"77 Service of documents under this Act\n(1) A document required to be served under this Act must be served\nunder section 25 of the Interpretation Act 1978.\n(2) If it is not reasonably practicable for a document to be served on a\nperson as mentioned in subsection (1), the document may be\nserved by affixing it to a prominent place at or near to the entrance\nto premises if:\n(a) the person serving the document (the process server)\nreasonably believes the person on whom the document must\nbe served is present at the premises; but\n(b) the process server is unable to gain access to the person at\nthe premises to personally serve the document.\n(3) Despite subsections (1) and (2), if a police officer is satisfied an\norder should take effect in relation to a person to whom the order\nrelates as a matter of urgency:\n(a) the officer may tell the person the contents of the order and\nadvise the person of the place at which the person may obtain\nthe order and any document required by this Act to\naccompany the order; and\n(b) on the person being told the information mentioned in\nparagraph (a), the order is taken to be served on the person.\n(4) The police officer who tells the person the contents of the order\nmust ensure the following documents are available for collection by\nthe person at the place as mentioned in subsection (3)(a) on the\nnext business day following the day on which the order was\ncommunicated (during the ordinary business hours applicable to the\nplace):\n(a) the order;\n(b) any document that would have been required to accompany\nthe order if the order had been served on the person under\nsubsection (1).\n\nPart 7 Miscellaneous\nSerious Crime Control Act 2009 48\n(5) In this section:\nbusiness day means a day that is not a Saturday, Sunday or\npublic holiday.\norder means:\n(a) a control order, public safety order or fortification removal\norder; or\n(b) a variation to a control order, public safety order or fortification\nremoval order.\n","sortOrder":80},{"sectionNumber":"78","sectionType":"section","heading":"Service of a public safety order on a class of persons","content":"78 Service of a public safety order on a class of persons\n(1) A public safety order in relation to a class of persons may be\nserved:\n(a) separately on each member of the class as mentioned in\nsection 46(1); or\n(b) on the class of persons by publishing in the Gazette:\n(i) the order; and\n(ii) information about how a written notice of the type\nmentioned in section 46(1)(b) can be obtained.\n(2) If a public safety order in relation to a class of persons is varied,\nrevoked or rescinded, notice of the variation, revocation or\nrescission of the order may be served:\n(a) separately on each member of the class; or\n(b) on the class of persons by publishing the notice in the\nGazette.\n(3) This section applies despite section 77.\n","sortOrder":81},{"sectionNumber":"79","sectionType":"section","heading":"Order for substituted service","content":"79 Order for substituted service\n(1) If it is not reasonably practicable for a document to be served under\nsection 77, the Commissioner may apply for an order for substituted\nservice to:\n(a) for a control order or a document relating to a control order –\nthe Supreme Court; or\n(b) for a public safety order, fortification removal order or a\ndocument relating to a public safety order or fortification\nremoval order – the Local Court.\n\nPart 7 Miscellaneous\nSerious Crime Control Act 2009 49\n(2) If the court is satisfied the Commissioner has taken all reasonable\nsteps possible to serve the document under section 77 on the\nperson on whom it must be served, the court may, by order, direct\nthat:\n(a) service of the document be postponed for a period specified\nby the court; or\n(b) instead of service under section 77, steps, as specified by the\ncourt in the order, are to be taken to bring the document to the\nattention of the person.\n(3) An order of the court under subsection (2) may direct that the\ndocument is taken to have been served on the person on whom it\nmust be served on the happening of a specified event or on the\nexpiry of a specified time.\n(4) If the court is satisfied that steps specified in an order under\nsubsection (2)(b) have not (despite the best endeavours of the\nCommissioner) brought a document to the attention of the person\non whom it must be served, the court may specify that the\ndocument be published in the Gazette or a newspaper circulating\ngenerally in the Territory or by some other form of public\nnotification.\n(5) Service in accordance with an order of the court under this section\nis taken to constitute service for this Act.\n(6) In this section:\nthe court means the court to which an application under\nsubsection (1) is made.\n","sortOrder":82},{"sectionNumber":"80","sectionType":"section","heading":"Delegation","content":"80 Delegation\nThe Commissioner may not delegate:\n(a) the function of classifying information as criminal intelligence\nfor this Act except to a Deputy Commissioner or Assistant\nCommissioner; and\n(b) any other function or power of the Commissioner under this\nAct except to a senior police officer.\nNote for section 80\nSection 14 of the Police Administration Act 1978 permits the Commissioner to\ndelegate the Commissioner's powers and functions in certain circumstances.\n\nPart 7 Miscellaneous\nSerious Crime Control Act 2009 50\n","sortOrder":83},{"sectionNumber":"81","sectionType":"section","heading":"Protection from liability","content":"81 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as any of the following:\n(a) the Attorney-General;\n(b) the Commissioner;\n(c) a police officer, including as a senior police officer;\n(d) a person conducting a review under section 85 or 86.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3) In this section:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n","sortOrder":84},{"sectionNumber":"82","sectionType":"section","heading":"Protection from proceedings","content":"82 Protection from proceedings\n(1) A proceeding for judicial review or for a declaration, injunction, writ,\norder or other remedy cannot be brought to challenge or question\nany of the following:\n(a) a decision, determination or order made under this Act;\n(b) proceedings or procedures under this Act;\n(c) an act or omission made in the exercise of powers or functions\nunder this Act;\n(d) an act, omission, matter or thing incidental or relating to the\noperation of this Act.\n(2) The validity and legality of a declaration under section 15, control\norder, public safety order or fortification removal order, or a\nvariation of such a declaration or order, cannot be challenged or\nquestioned in proceedings for an offence against this Act.\n(3) This section is subject to any right of appeal provided for under\nanother Act.\n\nPart 7 Miscellaneous\nSerious Crime Control Act 2009 51\n","sortOrder":85},{"sectionNumber":"83","sectionType":"section","heading":"Burden of proof","content":"83 Burden of proof\n(1) A question of fact to be decided by a court in proceedings under\nthis Act is to be decided on the balance of probabilities.\n(2) This section does not apply in relation to proceedings for an offence\nagainst this Act.\n","sortOrder":86},{"sectionNumber":"84","sectionType":"section","heading":"Acquisition on just terms","content":"84 Acquisition on just terms\nIf, apart from this section, property would be acquired from a person\nbecause of the operation of this Act other than on just terms:\n(a) the person is entitled to receive from the Territory the\ncompensation necessary to ensure the acquisition is on just\nterms; and\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n","sortOrder":87},{"sectionNumber":"85","sectionType":"section","heading":"Annual review","content":"85 Annual review\n(1) The Attorney-General must, before the end of each financial year,\nappoint a former judicial officer to:\n(a) conduct a review to determine whether, during the financial\nyear, powers under this Act were exercised in an appropriate\nway having regard to the purposes of this Act; and\n(b) report, in writing, to the Attorney-General on the review.\n(2) The Attorney-General and the Commissioner must ensure the\nformer judicial officer is provided with the information the officer\nrequires for conducting the review.\n(3) A report on a review relating to a financial year must be given to the\nAttorney-General on or before 31 December immediately following\nthe end of the financial year.\n(4) The former judicial officer must not include classified information in\nthe report under subsection (3).\n(5) The Attorney-General must, within 8 sitting days of receiving a\nreport under subsection (3), table the report in the Legislative\nAssembly.\n\n","sortOrder":88},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"Part 7 Miscellaneous\nSerious Crime Control Act 2009 52\n(6) If the former judicial officer considers it appropriate to report to the\nAttorney-General on a matter involving classified information, the\nformer judicial officer may prepare a separate report that includes\nthe classified information and give it to the Attorney-General.\n(7) In this section:\nformer judicial officer means a person who was previously\nappointed as:\n(a) a Supreme Court Judge; or\n(b) a judge of a supreme court of a State or another Territory.\n","sortOrder":89},{"sectionNumber":"86","sectionType":"section","heading":"Review of operation of Act","content":"86 Review of operation of Act\n(1) As soon as practicable after the fourth anniversary of the\ncommencement of this section, the Attorney-General must conduct\na review of the operation and effectiveness of this Act.\n(2) The Attorney-General, or any person conducting the review on\nbehalf of the Attorney-General, must maintain the confidentiality of\nclassified information provided to the Attorney-General or other\nperson.\n(3) The Attorney-General must prepare a report based on the review\nand, within 8 sitting days after the report is prepared, table the\nreport in the Legislative Assembly.\n","sortOrder":90},{"sectionNumber":"87","sectionType":"section","heading":"Regulations","content":"87 Regulations\nThe Administrator may make regulations under this Act.\n\nENDNOTES\nSerious Crime Control Act 2009 53\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n","sortOrder":91},{"sectionNumber":"2","sectionType":"section","heading":"LIST OF LEGISLATION","content":"2 LIST OF LEGISLATION\nSerious Crime Control Act 2009 (Act No. 32, 2009)\nAssent date 11 November 2009\nCommenced 1 December 2011 (Gaz S69, 1 December 2011)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (Gaz G7, 16 February 2011, p 4)\nSerious Crime Control Amendment Act 2011 (Act No. 36, 2011)\nAssent date 30 November 2011\nCommenced 1 December 2011 (Gaz S69, 1 December 2011)\nAdvance Personal Planning (Consequential Amendments) Act 2013 (Act No. 36, 2013)\nAssent date 19 December 2013\nCommenced pt 3: 5 February 2014 (Gaz G5, 5 February 2014, p 2);\nrem: 17 March 2014 (Gaz S14, 17 March 2014)\nLocal Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz S34, 29 April 2016)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nLiquor Act 2019 (Act No. 29, 2019)\nAssent date 3 September 2019\nCommenced 1 October 2019 (Gaz G39, 25 September 2019, p 2)\nRacing and Wagering Act 2024 (Act No. 8, 2024)\nAssent date 9 April 2024\nCommenced 1 July 2024 (Gaz G13, 20 June 2024, p 1)\n\nENDNOTES\nSerious Crime Control Act 2009 54\n","sortOrder":92},{"sectionNumber":"3","sectionType":"section","heading":"GENERAL AMENDMENTS","content":"3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 6, 25, 27, 31, 36, 51, 63,\n67, 71, 77 and 80.\n","sortOrder":93},{"sectionNumber":"4","sectionType":"section","heading":"LIST OF AMENDMENTS","content":"4 LIST OF AMENDMENTS\ns 4 hdg amd No. 4, 2017, s 34\ns 5A ins No. 9, 2016, s 145\ns 6 amd No. 36, 2011, s 4; No. 9, 2016, s 146, No. 29, 2019, s 410; No. 8, 2024,\ns 335\ns 7 amd No. 36, 2011, s 18\ns 10 amd No. 9, 2016, s 146\npt 3 hdg sub No. 36, 2011, s 5\npt 3\ndiv 1 hdg sub No. 36, 2011, s 5\ns 12 sub No. 36, 2011, s 5\npt 3\ndiv 2 hdg rep No. 36, 2011, s 5\nss 13 – 17 sub No. 36, 2011, s 5\npt 3\ndiv 3 hdg rep No. 36, 2011, s 5\npt 3\ndiv 2 hdg ins No. 36, 2011, s 5\nss 18 – 20 sub No. 36, 2011, s 5\npt 3\ndiv 3 hdg ins No. 36, 2011, s 5\ns 21 sub No. 36, 2011, s 5\ns 22 rep No. 36, 2011, s 5\ns 23 amd No. 36, 2011, s 6\ns 25 amd No. 36, 2011, s 7\ns 28 amd No. 36, 2011, s 18\ns 30 amd No. 36, 2011, s 8\ns 33 rep No. 36, 2011, s 9\ns 35 amd No. 36, 2011, s 10\ns 36 amd No. 36, 2013, s 139\nss 49 – 52 amd No. 9, 2016, s 146\ns 53 rep No. 36, 2011, s 11\ns 54 amd No. 36, 2011, s 18\ns 59 amd No. 9, 2016, s 146\ns 60 amd No. 36, 2011, s 12; No. 9, 2016, s 146\ns 61 amd No. 9, 2016, s 146\ns 63 amd No. 9, 2016, s 146\ns 64 amd No. 36, 2011, s 18; No. 9, 2016, s 146\ns 65 rep No. 36, 2011, s 13\ns 66 amd No. 36, 2011, s 18\ns 67 amd No. 36, 2011, s 18; No. 9, 2016, s 146\ns 70 amd No. 9, 2016, s 146\ns 72 amd No. 36, 2011, s 18\ns 73 amd No. 36, 2011, s 14; No. 9, 2016, s 146\ns 75 amd No. 36, 2011, s 15\ns 79 amd No. 9, 2016, s 146\ns 82 amd No. 36, 2011, s 16\ns 85 amd No. 36, 2011, s 17; No. 9, 2016, s 146\npt 8 hdg exp No. 32, 2009, s 91\n\nENDNOTES\nSerious Crime Control Act 2009 55\ns 89 amd No. 40, 2010, s 118\nexp No. 32, 2009, s 91\nss 90 – 91 exp No. 32, 2009, s 91","sortOrder":94}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The statute as currently in force has been expanded beyond the 2009 base in ways that broaden operational scope and regulatory reach. Amendments and later insertions have: (a) broadened the list of regulated or \"prescribed\" activities that a court may suspend (adding liquor and recent Racing and Wagering provisions — see section 6 prescribed activity subitems (h)–(j)); (b) increased Local Court and Local Court Judge roles (authorisation orders and fortification remedies — Parts 5 and 6, sections 49–50 and 60); (c) refined urgent telephone authorisation and other operational procedures (section 50); and (d) strengthened interaction with regulatory authorities (information-sharing arrangements in section 76). These changes extend the Act’s practical reach from court-ordered movement and association restraints to more systematic effects on licensing, regulated industries and administrative cooperation between police and regulatory bodies. The core object (protecting the public from violence connected to serious criminal activity — section 3) remains, but the mechanisms for achieving it now involve broader regulatory suspension powers, expanded lists of affected activities, and additional procedural tools for police and the Local Court."},"complexity_factors":["Extensive definitions in section 6 (approximately 40 distinct defined terms and multi-part definitions, including a long \"prescribed activity\" list with many subitems).","Multiple order types with distinct procedures and decision-makers (declarations and control orders by Supreme Court; public safety and fortification removal orders by senior police/Local Court) across Parts 3–6.","Confidentiality/classified information regime with special in-camera procedures and criminal penalties (section 73) increasing procedural complexity and evidence handling.","Cross-references to many other statutes and regulatory regimes (Criminal Code Part IIAA; multiple licensing Acts referenced in \"prescribed activity\" in section 6; Building Act interactions in section 71).","Nested timing, notice and service rules (service by Gazette for class orders, substituted service orders, urgent oral service provisions — sections 46, 78, 77, 79).","Multiple distinct fault elements and penalties across offences (e.g., knowledge/recklessness plus intention in sections 36, 55, 68), requiring careful drafting of charges and proof strategies.","Exceptions, defences and evidentiary rules that alter usual criminal or civil burden rules (court not bound by rules of evidence in certain hearings — section 21; section 83 sets balance of probabilities for fact questions in the Act but excludes criminal proceedings).","Limited review and ouster-style provisions (decisions not appealable in some circumstances — section 25(3); broad restriction on judicial review — section 82), creating legal finality and complexity about available remedies."],"plain_english_summary":"The Act gives police and courts powers to disrupt people and organisations linked to serious criminal activity by declaring organisations, imposing court control orders on individuals, authorising short-term police public-safety orders, and ordering removal of obstructive fortifications. It targets members/former members of declared groups, people who regularly associate with serious offenders, and occupiers whose security impedes police. It matters because it prioritises public protection but imposes significant liberty, reputational and economic costs, relies on classified evidence, and limits some review and disclosure."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":733},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original 2009 purpose. While amendments have expanded procedural details (telephone authorisations in 2011, Local Court jurisdiction clarifications in 2016, updated prescribed activities for racing/wagering in 2024), the core scope remains targeted at disrupting serious criminal activity and organisations through court-supervised orders. No significant mission creep detected."},"complexity_factors":["87 sections across 7 Parts with multiple Divisions","47+ defined terms in section 6 including nested definitions (e.g., 'member' of organisation has 4 sub-clauses)","Extensive cross-referencing between Parts (e.g., control orders depend on declared organisations)","Multiple overlapping procedures: ex parte applications, adjourned hearings, objections, appeals, variations, revocations","Criminal intelligence provisions create parallel confidential proceedings (section 73)","Conditional logic with exceptions to exceptions (e.g., section 36 associating prohibitions with 6 categories of permitted association)","Three different courts involved (Supreme Court, Court of Appeal, Local Court) with different rules","Telephone authorisation procedure for urgent public safety orders (section 50)","Service rules with multiple fallback methods including Gazette publication for class orders","Burden of proof and evidentiary rules modified (section 21: not bound by rules of evidence; section 83: balance of probabilities)"],"plain_english_summary":"This Northern Territory law gives police and courts extraordinary powers to disrupt organised crime and protect public safety. It creates three main tools:\n\n**1. Declared Organisations** — The Supreme Court can declare a group a \"declared organisation\" if its members associate to plan or engage in serious crime and the group poses a risk to public safety. Once declared, members can be subject to special restrictions. The declaration lasts until revoked and isn't affected by name changes.\n\n**2. Control Orders** — The Supreme Court can make orders against individuals who are members (or former members) of declared organisations, or who engage in serious criminal activity and associate with other criminals. These orders can:\n- Ban associating with other \"controlled persons\"\n- Prohibit recruiting new members to declared organisations\n- Ban being present at certain places or events\n- Prohibit possessing weapons, drugs, or explosives\n- Suspend licences for jobs like security work, liquor licensing, firearms dealing, or gaming\n\nBreaching a control order carries up to 5 years imprisonment.\n\n**3. Public Safety Orders** — Senior police can ban people from being at specific premises for up to 72 hours (longer with court approval) if their presence poses a serious risk to public safety. These can target individuals or classes of people (like all members of a group). Breaching carries up to 5 years imprisonment.\n\n**4. Fortification Removal Orders** — The Local Court can order removal of excessive security measures (like reinforced doors, barriers) from properties linked to serious crime or declared organisations. Police can forcibly remove these if not done voluntarily.\n\n**Key safeguards:**\n- Most orders require court approval\n- People can object to or appeal many orders\n- Special rules protect \"criminal intelligence\" (sensitive police information) from disclosure\n- Annual independent reviews of how powers are used\n- Protections for legitimate protest and industrial action\n- Defences for family associations, work, education, and lawful custody\n\nThe law applies both inside and outside the NT, and overrides other laws where inconsistent."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/serious-crime-control-act-2009","history":"/api/acts/serious-crime-control-act-2009/history","analysis":"/api/acts/serious-crime-control-act-2009/analysis","conflicts":"/api/acts/serious-crime-control-act-2009/conflicts","importantCases":"/api/acts/serious-crime-control-act-2009/important-cases","documents":"/api/acts/serious-crime-control-act-2009/documents"}}