{"id":"vic:criminal-organisations-control-act-2012","name":"Criminal Organisations Control Act 2012","slug":"vic-criminal-organisations-control-act-2012","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437220,"registerId":"vic:criminal-organisations-control-act-2012-seed-1775954185897-3qad9i","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"124K","sectionType":"section","heading":"Revocation of unlawful association notice 84","content":"124K Revocation of unlawful association notice 84\n\n124KA Review of related unlawful association notices on revocation 85\n\n124KB Notice of revocation of unlawful association notice 86\n\n124KC Application for revocation does not stay effect of unlawful association notice 87\n\nDivision 3—Internal review of unlawful association notice decisions 87\n\n124L Definitions 87\n\n124M Application for internal review 87\n\n124MA Chief Commissioner may extend time within which an application for internal review may be made 88\n\n124N Decision on internal review 89\n\n124O Amendment of unlawful association notice following review 91\n\n124P Revocation of unlawful association notice following review 92\n\n124Q Application for internal review does not stay effect of unlawful association notice 93\n\nDivision 4—Oversight by the IBAC 93\n\nSubdivision 1—Functions and powers of the IBAC 93\n\n124R Functions of the IBAC 93\n\n124S IBAC may request or require answers, documents and information 94\n\n124T Powers of entry and inspection 95\n\n124U The IBAC may recommend that Chief Commissioner take action 95\n\nSubdivision 2—Review of unlawful association notices 96\n\n124V The IBAC must review notices every quarter 96\n\n124W Review may be of only a proportion of notices 96\n\n124X How notice is to be reviewed 98\n\nSubdivision 3—Reports laid before Parliament 98\n\n124Y Annual report 98\n\n124Z Special report 101\n\n124ZA The IBAC to give advance copy of report to Chief Commissioner 102\n\n124ZB Report to be laid before Parliament 102\n\n","sortOrder":0},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Record keeping and reporting by Chief Commissioner 103","content":"Subdivision 4—Record keeping and reporting by Chief Commissioner 103\n\n124ZC Chief Commissioner to keep records 103\n\n124ZD Chief Commissioner must report on unlawful association notices 104\n\n","sortOrder":1},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Offences 109","content":"Subdivision 5—Offences 109\n\n124ZE Offence to hinder or obstruct an IBAC officer 109\n\n124ZF Compliance with direction or requirement 109\n\n124ZG Statement which is false or misleading 109\n\n","sortOrder":2},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Miscellaneous 109","content":"Subdivision 6—Miscellaneous 109\n\n124ZH Privilege against self-incrimination abrogated 109\n\n124ZI Certain other immunities and privileges abrogated 110\n\n124ZJ Chief Commissioner to ensure the IBAC is given reasonable assistance 111\n\n124ZK Chief Commissioner to notify the IBAC of certain notices and applications 112\n\n124ZL Exemption from Freedom of Information Act 1982 112\n\n124ZM Non-production of documents and other things in applicable proceeding, process or action 112\n\n","sortOrder":3},{"sectionNumber":"Part 5B","sectionType":"part","heading":"Insignia of certain organisations 114","content":"Part 5B—Insignia of certain organisations 114\n\n","sortOrder":4},{"sectionNumber":"Div 1","sectionType":"division","heading":"Offence to publicly display insignia of Part 5B organisation 114","content":"Division 1—Offence to publicly display insignia of Part 5B organisation 114\n\n124ZN Person must not publicly display insignia of Part 5B organisation 114\n\n124ZO Exception—insignia publicly displayed in connection with Part 5B organisation 115\n\n124ZP Exception—insignia publicly displayed not in connection with Part 5B organisation 115\n\n124ZQ Exception—insignia as a tattoo 116\n\n","sortOrder":5},{"sectionNumber":"Div 2","sectionType":"division","heading":"Directions to cease public displays 116","content":"Division 2—Directions to cease public displays 116\n\n124ZR Police officer may direct person to cease public display of insignia 116\n\n124ZS Person specified in direction under section 124ZR must comply with it 117\n\n124ZT Police officer may leave direction requiring cessation of public display of insignia 117\n\n124ZU Person specified in direction under section 124ZT must comply with it 119\n\n","sortOrder":6},{"sectionNumber":"Div 3","sectionType":"division","heading":"Search, seizure and forfeiture 120","content":"Division 3—Search, seizure and forfeiture 120\n\n124ZV Issue of search warrant by magistrate 120\n\n124ZW Police officer may seize property bearing insignia of Part 5B organisation 121\n\n124ZX When seized things become eligible to be collected, and by whom 122\n\n124ZY Collection of seized thing from police station 124\n\n124ZZ Forfeiture of seized thing that is not collected 125\n\n124ZZA Forfeiture of seized thing that is not a motor vehicle 125\n\n124ZZB Forfeiture of seized motor vehicle 126\n\n","sortOrder":7},{"sectionNumber":"Div 4","sectionType":"division","heading":"Regulations 127","content":"Division 4—Regulations 127\n\n124ZZC Regulations 127\n\n","sortOrder":8},{"sectionNumber":"Part 5C","sectionType":"part","heading":"Exclusion of members of certain organisations from Victorian Government worksites 129","content":"Part 5C—Exclusion of members of certain organisations from Victorian Government worksites 129\n\n124ZZD Members of Part 5C organisations must not enter certain areas at Victorian Government worksites 129\n\n124ZZE Regulations 130\n\nPart 6—General 133\n\nDivision 1—Corporate criminal responsibility 133\n\n125 Definitions 133\n\n126 Corporate criminal responsibility for certain offences against this Act 134\n\nDivision 2—Service 135\n\n127 General rules as to service 135\n\n128 Service on an individual 135\n\nDivision 4—Reporting 136\n\n133 Annual report 136\n\nDivision 5—Other matters 141\n\n134 Information sharing 141\n\n135 Nature of proceedings under Act 142\n\n135B Costs 143\n\n135C Adjournment before costs order made 144\n\n136 Delegation 144\n\n137A Review following Criminal Organisations Control Amendment Act 2024 145\n\n138 Regulations 146\n\nPart 7—Transitional provisions 148\n\n139 Confiscation and Other Matters Amendment Act 2016 148\n\n140 Criminal Organisations Control Amendment Act 2024 148\n\nSchedule 1—Applicable offences 149\n\n═══════════════\n\nEndnotes 152\n\n1 General information 152\n\n2 Table of Amendments 154\n\n3 Explanatory details 156\n\n**Version No.** **017**\n\n**Criminal Organisations Control Act 2012**\n\n**No. 80 of 2012**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts:**\n\n","sortOrder":9},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":10},{"sectionNumber":"1","sectionType":"section","heading":"Purposes","content":"\t1 Purposes\n\nThe main purposes of this Act are—\n\nS. 1(a) substituted by No. 37/2024 s. 38(1).\n\n(a) to provide for the making of serious crime prevention orders in respect of individuals for the purpose of either preventing or inhibiting those individuals being involved in serious criminal activity; and\n\nS. 1(b) amended by No. 37/2024 s. 38(2).\n\n(b) to provide for the recognition and application of serious crime prevention orders made under corresponding laws; and\n\nS. 1(ba) inserted by No. 48/2015 s. 3, substituted by No. 37/2024 s. 30.\n\n(ba) to prevent and inhibit criminal activity by—\n\n(i) providing for individuals to be prohibited from associating with individuals convicted of serious criminal offences; and\n\n(ii) thereby preventing and inhibiting the establishment, maintenance and expansion of criminal groups and criminal networks; and\n\nS. 1(bb) inserted by No. 37/2024 s. 88.\n\n(bb) to prohibit the public display of the insignia of certain organisations; and\n\nS. 1(bc) inserted by No. 37/2024 s. 95.\n\n(bc) to prohibit adult members of certain organisations from entering into Victorian Government worksites; and\n\n(c) to make related amendments to other Acts.\n\n","sortOrder":11},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\n(2) If a provision of this Act does not come into operation before 1 November 2013, it comes into operation on that day.\n\n","sortOrder":12},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) In this Act—\n\nS. 3(1) def. of *Adult Parole Board* inserted by No. 48/2015 s. 4.\n\n***Adult Parole Board*** means the Adult Parole Board established under section 61 of the **Corrections Act 1986**;\n\nS. 3(1) def. of *applicable offence* substituted by No. 55/2014 s. 60(a), amended by No. 37/2024 s. 13(1).\n\n***applicable offence*** means—\n\n(a) an indictable offence that is punishable by at least 10 years imprisonment; or\n\n(b) an offence specified in an item of Schedule 1; or\n\nSee also section 10.\n\n(c) an offence against section 321, 321G or 321M of the **Crimes Act 1958** in relation to an offence referred to in paragraph (a) or (b); or\n\n(d) an offence against a law of—\n\n(i) the Commonwealth; or\n\n(ii) another State; or\n\n(iii) a Territory—\n\nthat is equivalent to an offence referred to in paragraph (a), (b) or (c);\n\nS. 3(1) def. of *appropriate place* repealed by No. 37/2024 s. 39(1).\n\nS. 3(1) def. of *associate* repealed by No. 37/2024 s. 39(1).\n\nS. 3(1) def. of *associate with* substituted by No. 37/2024 s. 4.\n\n***associate with*** has the meaning given by section 4;\n\nS. 3(1) def. of *Australian law enforcement agency* insertedby No. 37/2024 s. 28.\n\n***Australian law enforcement agency*** means—\n\n(a) Victoria Police; or\n\n(b) the Australian Federal Police; or\n\n(c) a police force or police service of another State or a Territory; or\n\n(d) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of a State or a Territory;\n\nS. 3(1) def. of *carry on a business* repealed by No. 37/2024 s. 39(1).\n\nS. 3(1) def. of *Chief Commis-sioner* amended by No. 37/2014 s. 10(Sch. item 40,1(b)).\n\n***Chief Commissioner*** means the Chief Commissioner of Police appointed under section 17 of the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *control order* repealed by No. 37/2024 s. 39(1).\n\nS. 3(1) def. of *convicted offender* inserted by No. 48/2015 s. 4, repealed by No. 37/2024 s. 13(2).\n\nS. 3(1) def. of *correspond-ing control order* repealed by No. 37/2024 s. 39(1).\n\nS. 3(1) def. of *correspond-ing declaration* repealed by No. 37/2024 s. 39(1).\n\nS. 3(1) def. of *correspond-ing order* substituted by No. 37/2024 s. 39(3).\n\n***corresponding order*** means an order made under a provision of a law of another jurisdiction that is prescribed for the purposes of this definition;\n\nS. 3(1) def. of *County Court registrar* inserted by No. 37/2024 s. 39(4).\n\n***County Court registrar*** means the registrar of the County Court;\n\nS. 3(1) def. of *Court* amended by No. 37/2024 s. 39(2).\n\n***Court*** means the County Court;\n\nS. 3(1) def. of *criminal history* repealed by No. 37/2024 s. 39(1).\n\n***criminal intelligence*** means any information, document or other thing relating to actual or suspected criminal activity in Victoria or elsewhere, the disclosure of which could reasonably be expected to—\n\n(a) prejudice a criminal investigation, including by revealing intelligence-gathering methodologies, investigative techniques or technologies, or covert practices; or\n\n(b) enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or\n\n(c) endanger a person's life or physical safety;\n\n***criminal intelligence protection order*** has the meaning given by section 70(1);\n\nS. 3(1) def. of *criminal purpose* repealed by No. 37/2024 s. 39(1).\n\nS. 3(1) def. of *declaration* repealed by No. 37/2024 s. 39(1).\n\nS. 3(1) def. of *declared individual r*epealed by No. 37/2024 s. 39(1).\n\nS. 3(1) def. of *declared organisation* repealed by No. 37/2024 s. 39(1).\n\nS. 3(1) def. of *declared organisation member* repealed by No. 37/2024 s. 39(1).\n\nS. 3(1) def. of *eligible offender* insertedby No. 37/2024 s. 13(3).\n\n***eligible offender*** has the meaning given by section 5;\n\nS. 3(1) def. of *family member* inserted by No. 48/2015 s. 4, amended by No. 38/2017 s. 82(1), substituted by No. 37/2024 s. 7.\n\n***family member*** has the meaning given by section 5A;\n\nS. 3(1) def. of *financial institution* inserted by No. 37/2024 s. 39(4).\n\n***financial institution***  has the same meaning as in the **Confiscation Act 1997**;\n\nS. 3(1) def. of *gazetted event or gathering* inserted by No. 48/2015 s. 4.\n\n***gazetted event or gathering*** means an event or gathering specified in an order under section 124C;\n\nS. 3(1) def. of *health service* inserted by No. 48/2015 s. 4.\n\n***health service*** has the same meaning as in the Health Practitioner Regulation National Law (Victoria);\n\n***honorary member***, of an organisation, includes an individual who is a member but has not paid any membership fee to be a member of the organisation;\n\nS. 3(1) def. of *IBAC* insertedby No. 37/2024 s. 28.\n\n***IBAC*** has the same meaning as in the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\nS. 3(1) def. of *IBAC Officer* insertedby No. 37/2024 s. 28.\n\n***IBAC Officer***  has the same meaning as in the **Independent Broad-based Anti‑corruption Commission Act 2011**;\n\nS. 3(1) def. of *incorporated association* repealedby No. 37/2024 s. 39(1).\n\nS. 3(1) def. of *incorporated associations Registrar* repealedby No. 37/2024 s. 39(1).\n\nS. 3(1) def. of *insignia* insertedby No. 37/2024 s. 89(1).\n\n***insignia*** of an organisation has the meaning given by section 5B;\n\nS. 3(1) def. of *integrity body* insertedby No. 37/2024 s. 28.\n\n***integrity body*** means—\n\n(a) the IBAC; or\n\n(b) an integrity body within the meaning of the **Independent Broad-based Anti‑corruption Commission Act 2011**;\n\nS. 3(1) def. of *Integrity Oversight Victoria* insertedby No. 37/2024 s. 28.\n\n***Integrity Oversight Victoria*** has the same meaning as in the **Integrity Oversight Victoria Act 2011**;\n\nS. 3(1) def. of *intelligence agency* insertedby No. 37/2024 s. 28.\n\n***intelligence agency*** means—\n\n(a) the Australian Security Intelligence Organisation; or\n\n(b) the Australian Secret Intelligence Service; or\n\n(c) the Australian Signals Directorate; or\n\n(d) the Office of National Intelligence; or\n\n(e) the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth;\n\nS. 3(1) def. of *involved* insertedby No. 37/2024 s. 99(1).\n\n***involved***, in relation to serious criminal activity, has the meaning given by section 5C;\n\nS. 3(1) def. of *law enforcement officer* amended by No. 37/2014 s. 10(Sch. item 40.1(c)).\n\n***law enforcement officer*** means—\n\n(a) a police officer; or\n\n(b) a person who is seconded to Victoria Police, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction;\n\nS. 3(1) def. of *lawful association authority* inserted by No. 48/2015 s. 4.\n\n***lawful association*** ***authority*** means an authority granted under section 124B;\n\nS. 3(1) def. of *lawyer* amendedby No. 37/2024 s. 102(1).\n\n***lawyer*** means an Australian lawyer within the meaning of the Legal Profession Uniform Law (Victoria);\n\nS. 3(1) def. of *mark* insertedby No. 37/2024 s. 89(1).\n\n***mark*** means—\n\n(a) an image or symbol, including a logo; or\n\n(b) a piece of text, including a name, abbreviation or acronym;\n\nS. 3(1) def. of *member* amended by Nos 55/2014 s. 60(b), 37/2024 ss 89(2), 96(2), 104(1).\n\n***member***, of an organisation, includes—\n\n(a) an individual who is a current member of the organisation because the individual—\n\n(i) has paid a membership fee to be a member of the organisation; or\n\n(ii) has been accepted as a member of the organisation through another process set by the organisation; or\n\n(b) an honorary member of the organisation; or\n\n(c) an individual who identifies as belonging to the organisation, including an individual who wears or displays the insignia (if any) of the organisation; or\n\n(d) except in Part 5C, an individual whose conduct in relation to the organisation would reasonably lead another person to consider the individual to be a member of the organisation; or\n\n(e) an office holder of the organisation;\n\nS. 3(1) def. of *member of Victoria Police* repealed by No. 37/2014 s. 10(Sch. item 40.1(d)).\n\nS. 3(1) def. of *member of Victoria Police personnel* insertedby No. 37/2024 s. 28.\n\n***member of Victoria Police personnel*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *motor vehicle* insertedby No. 37/2024 s. 89(1).\n\n***motor vehicle*** has the same meaning as in the **Road Safety Act 1986**;\n\n***office holder***, of an organisation, has the meaning given by section 6;\n\n***organisation*** has the meaning given by section 7;\n\nS. 3(1) def. of *Part 5B organisation* insertedby No. 37/2024 s. 89(1).\n\n***Part 5B organisation*** means a prescribed organisation;\n\nSpecial provisions apply to the making of regulations for the purposes of this definition—see section 124ZZC(2) and (3).\n\nS. 3(1) def. of *Part 5C organisation* insertedby No. 37/2024 s. 96(1).\n\n***Part 5C organisation*** means a prescribed organisation;\n\nSpecial provisions apply to the making of regulations for the purposes of this definition—see section 124ZZE(2).\n\nS. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 40.1(a)).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *police procedures regarding unlawful association* insertedby No. 37/2024 s. 28.\n\n***police procedures regarding unlawful association*** means—\n\n(a) the Chief Commissioner's instructions (within the meaning of the **Victoria Police Act 2013**) to the extent that those instructions relate to the unlawful association provisions; and\n\n(b) any other policies, procedures or guidelines of Victoria Police to the extent that they relate to the unlawful association provisions;\n\nS. 3(1) def. of *Post Sentence Authority* inserted by No. 57/2017 s. 46(1), substituted by No. 27/2018 s. 356.\n\n***Post Sentence Authority*** means the Post Sentence Authority continued in existence under section 290 of the **Serious Offenders Act 2018**;\n\nS. 3(1) def. of *prohibitive declaration* inserted by No. 55/2014 s. 60(d), repealed by No. 27/2016 s. 27.\n\n***property*** means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;\n\n***prospective member*** has the meaning given by section 8;\n\n***protected criminal intelligence*** means criminal intelligence that is the subject of a criminal intelligence protection order;\n\nS. 3(1) def. of *Prothonotary* repealedby No. 37/2024 s. 39(1).\n\nS. 3(1) def. of *public place* insertedby No. 37/2024 s. 89(1).\n\n***public place*** has the same meaning as in the **Summary Offences Act 1966**;\n\nS. 3(1) def. of *publicly display* insertedby No. 37/2024 s. 89(1).\n\n***publicly display*** has the meaning given by section 8A;\n\nS. 3(1) def. of *registered correspond-ing control order* repealedby No. 37/2024 s. 39(1).\n\nS. 3(1) def. of *registered correspond-ing declaration* repealedby No. 37/2024 s. 39(1).\n\nS. 3(1) def. of *registered correspond-ing order* inserted by No. 37/2024 s. 39(4).\n\n***registered corresponding order*** means a corresponding order registered under section 101;\n\nS. 3(1) def. of *related organisation* substituted by No. 55/2014 s. 60(c), repealed by No. 37/2024 s. 39(1).\n\nS. 3(1) def. of *related organisation member* repealed by No. 37/2024 s. 39(1).\n\nS. 3(1) def. of *related unlawful association notice* insertedby No. 37/2024 s. 19.\n\n***related unlawful association notice*** has the meaning given by section 8B;\n\n***respondent*** has the meaning given by section 9;\n\nS. 3(1) def. of *restrictive declaration* inserted by No. 55/2014 s. 60(d), repealed by No. 27/2016 s. 27.\n\nS. 3(1) def. of *senior police officer* inserted by No. 48/2015 s. 4.\n\n***senior police officer*** means a police officer of or above the rank of senior sergeant;\n\nS. 3(1) def. of *serious crime prevention order* insertedby No. 37/2024 s. 39(4).\n\n***serious crime prevention order*** means an order under section 16(1);\n\nS. 3(1) def. of *serious criminal activity* substitutedby No. 37/2024 s. 99(2).\n\n***serious criminal activity*** has the meaning given by section 9A;\n\nS. 3(1) def. of *unlawful association notice* inserted by No. 48/2015 s. 4.\n\n***unlawful association notice*** means a notice issued under section 124D or 124E;\n\nS. 3(1) def. of *unlawful association provisions* insertedby No. 37/2024 s. 28.\n\n***unlawful association provisions*** means—\n\n(a) Part 5A; and\n\n(b) the other provisions of this Act to the extent that they relate to Part 5A; and\n\n(c) regulations made for the purposes of Part 5A; and\n\n(d) regulations made for the purposes of the other provisions of this Act to the extent that those regulations relate to Part 5A;\n\nS. 3(1) def. of *Victoria Police* substituted by No. 37/2014 s. 10(Sch. item 40.1(e)), amended by No. 37/2024 s. 96(3).\n\n***Victoria Police*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *Victorian Government worksite* insertedby No. 37/2024 s. 96(1).\n\n***Victorian Government worksite*** means a prescribed area.\n\nSpecial provisions apply to the making of regulations for the purposes of this definition—see section 124ZZE(3).\n\nS. 3(2)  repealed by No. 37/2024 s. 39(5).\n\nS. 4 repealed by No. 55/2014 s. 61, new s. 4 inserted by No. 37/2024 s. 5.\n\n","sortOrder":13},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of *associate with*","content":"\t4 Meaning of *associate with*\n\n(1) For the purposes of this Act, a person ***associates with*** another person—\n\n(a) by being in the other person's company—\n\n(i) having sought the other person's company; or\n\n(ii) having accepted being in the person's company; or\n\n(b) by being in communication with the other person—\n\n(i) having sought to be in communication with the other person; or\n\n(ii) having accepted being in communication with the other person.\n\n(2) A reference in subsection (1) to communication includes communication of any kind, including electronic communication.\n\nS. 5 amended by No. 55/2014 s. 145, substituted by No. 37/2024 s. 14.\n\n","sortOrder":14},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of *eligible offender*","content":"\t5 Meaning of *eligible offender*\n\n(1) For the purposes of this Act, an individual is an ***eligible offender*** if—\n\n(a) they were convicted of an applicable offence; and\n\n(b) they were 18 years old or older when the offence was committed; and\n\n(c) that conviction has not become spent under the **Spent Convictions Act 2021**.\n\n(2) Additionally, an individual is an ***eligible offender*** for the purposes of this Act if—\n\n(a) they are 18 years old or older; and\n\n(b) they were convicted of a Category A serious youth offence within the meaning of section 3(1) of the **Sentencing Act 1991**; and\n\n(c) they committed that offence before turning 18 years old; and\n\n(d) no more than 2 years has elapsed since the commission of the offence.\n\n(3) It does not matter whether the conviction referred to in subsection (1) or (2) was imposed before the commencement of this section.\n\n(4) An individual ceasing to be an eligible offender does not affect the validity or operation of a serious crime prevention order made, or an unlawful association notice issued, while that person was an eligible offender.\n\nS. 5A inserted by No. 37/2024 s. 8.\n\n","sortOrder":15},{"sectionNumber":"5A","sectionType":"section","heading":"Meaning of *family member*","content":"\t5A Meaning of *family member*\n\n(1) For the purposes of this Act, each of the following persons is a ***family member*** of a person (the ***relevant person***)—\n\n(a) a person who is or has been married to the relevant person;\n\n(b) a person who is the relevant person's—\n\n(i) parent or grandparent; or\n\n(ii) child or grandchild; or\n\n(iii) sibling; or\n\n(iv) first cousin;\n\n(c) a person who is—\n\n(i) the sibling of one of the person's parents; or\n\n(ii) the child of one of the person's siblings;\n\n(d) if the relevant person has or has had a domestic partner—\n\n(i) that domestic partner; and\n\n(ii) a person who would be a family member under paragraph (b) or (c) if the relevant person and the domestic partner were or had been married;\n\n(e) a person with whom the relevant person has or has had an intimate personal relationship;\n\n(f) a child of a person with whom the relevant person has or has had an intimate personal relationship;\n\n(g) if the relevant person and another person both have, or have had, parental responsibility for the same child, that other person;\n\n(h) a person with whom the relevant person normally or regularly resided when either of them was a child;\n\n(i) a person who is or has been the relevant person's guardian;\n\n(j) a person for whom the relevant person is or has been a guardian;\n\n(k) a person to whom the relevant person provides, or has provided, domestic support and personal care, other than support and care provided—\n\n(i) for fee or reward; or\n\n(ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);\n\n(l) a person who provides, or has provided, the relevant person with support and care described in paragraph (k);\n\n(m) if the relevant person—\n\n(i) is descended from an Aboriginal person or a Torres Strait Islander; and\n\n(ii) identifies as an Aboriginal person or a Torres Strait Islander; and\n\n(iii) is accepted as an Aboriginal person or as a Torres Strait Islander by an Aboriginal or Torres Strait Islander community—\n\na person who is or has been a family member of the relevant person under Aboriginal or Torres Strait Islander concepts of family (including extended kinship relationships and family structures).\n\n(2) For the purposes of subsection (1)(b) and (c), it does not matter whether the relationship between the relevant person and the other person is, or depends on—\n\n(a) a relationship of the whole blood or  \nhalf-blood; or\n\n(b) a relationship that arises because of a marriage (including a marriage that has since been the subject of a divorce); or\n\n(c) a relationship that arises because of adoption.\n\n(3) For the purposes of subsection (1)(e) and (f), a relationship may be an intimate personal relationship whether or not it is sexual in nature.\n\n***domestic partner*** has the same meaning as in the **Family Violence Protection Act 2008**;\n\n***parental responsibility*** has the same meaning as in the **Children, Youth and Families Act 2005**.\n\nS. 5B inserted by No. 37/2024 s. 90.\n\n","sortOrder":16},{"sectionNumber":"5B","sectionType":"section","heading":"Meaning of *insignia*","content":"\t5B Meaning of *insignia*\n\n(1) For the purposes of this Act, a mark (other than a mark that consists of \"1%\" or \"1%er\") is an ***insignia*** of an organisation if it—\n\n(a) denotes that organisation (including by being the organisation's name or logo); or\n\n(b) indicates membership of that organisation; or\n\n(c) indicates an association with the organisation.\n\n(2) A mark that consists of \"1%\" or \"1%er\" is an ***insignia*** of an organisation if—\n\n(a) the mark relates to that organisation in a way described by subsection (1)(a), (b) or (c); and\n\n(b) that organisation is a motorcycle club.\n\nS. 5C inserted by No. 37/2024 s. 100.\n\n","sortOrder":17},{"sectionNumber":"5C","sectionType":"section","heading":"Meaning of *involved* in serious criminal activity","content":"\t5C Meaning of *involved* in serious criminal activity\n\nFor the purposes of this Act, to do any of the following things is to be ***involved*** in serious criminal activity—\n\n(a) to engage in serious criminal activity;\n\n(b) to engage in conduct that facilitates another person engaging in serious criminal activity;\n\n(c) to engage in conduct that is reasonably likely to facilitate another person engaging in serious criminal activity.\n\n","sortOrder":18},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of *office holder*","content":"\t6 Meaning of *office holder*\n\n(1) For the purposes of this Act, an ***office holder*** of an organisation is—\n\n(a) if the organisation is a company or a registered foreign company within the meaning of the Corporations Act—\n\n(i) an officer as defined under section 9 of that Act;\n\n(ii) an individual who is a local agent within the meaning of that Act;\n\n(b) if the organisation is an incorporated association—an office holder within the meaning of section 82 of the **Associations Incorporation Reform Act 2012**;\n\n(c) if the organisation is a body or association incorporated under a law of another State or a Territory—an individual who is a member of the board or committee or other group of persons (however described under that law) having management of that body or association;\n\n(d) if the organisation is an unincorporated body or association—\n\n(i) an individual holding the position of president, vice president, secretary or treasurer of the body or association; or\n\n(ii) an individual holding a position similar to a position referred to in subparagraph (i) (however described by the organisation or the rules or constituting documents of the organisation); or\n\n(iii) an individual in control of all or a substantial part of the activities of the organisation.\n\n(2) In addition, if an organisation appoints an individual to be in charge of an activity of the organisation or keep order at a meeting or gathering of the organisation, that individual is an ***office holder*** of the organisation for the purposes of this Act.\n\nAn individual appointed as the sergeant at arms or a road captain by a motorcycle club would be an individual to whom subsection (2) applies.\n\n","sortOrder":19},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of *organisation*","content":"\t7 Meaning of *organisation*\n\n(1) For the purposes of this Act, an ***organisation*** is an incorporated body or association (including a company or registered foreign company within the meaning of the Corporations Act) or an unincorporated body or association (however structured), whether the body or association—\n\n(a) is based in Victoria or elsewhere; or\n\n(b) consists of persons who are or are not ordinarily resident in Victoria; or\n\n(c) is part of a larger organisation; or\n\n(d) is affiliated with another organisation.\n\nA chapter of a motorcycle club could be an organisation to which paragraph (c) or (d) applies.\n\n(2) To avoid doubt, for the purposes of this Act, an ***organisation*** can include individuals who are related to one another.\n\n","sortOrder":20},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of *prospective member*","content":"\t8 Meaning of *prospective member*\n\n(1) For the purposes of this Act, a ***prospective member*** of an organisation is an individual who has commenced but not completed the process of becoming a member of the organisation.\n\n(2) For the purposes of this Act, a ***prospective member*** of an organisation includes—\n\n(a) an individual who members of the organisation describe as a \"prospect\" or \"nominee\" of the organisation;\n\n(b) an individual nominated or sponsored by a member of the organisation for the purpose of that individual becoming a member of the organisation;\n\nS. 8(2)(c) amended by No. 55/2014 s. 62.\n\n(c) an individual who wears or displays—\n\nS. 8(2)(c)(i) amended by No. 37/2024 s. 91.\n\n(i) some, or an incomplete version, of the organisation's insignia; or\n\nS. 8(2)(c)(ii) amended by No. 37/2024 s. 91.\n\n(ii) a specific identifier in the place of some or all of the organisation's insignia which identifies the individual as a prospective member;\n\n(d) an individual undertaking a period of probationary membership with the organisation.\n\nS. 8A inserted by No. 37/2024 s. 92.\n\n","sortOrder":21},{"sectionNumber":"8A","sectionType":"section","heading":"Meaning of *publicly display*","content":"\t8A Meaning of *publicly display*\n\n(1) For the purposes of this Act, to ***publicly display*** a thing is to display it either—\n\n(a) in a public place; or\n\n(b) so that it is visible from a public place.\n\n(2) To publish a thing on the Internet is not to ***publicly display*** it for the purposes of this Act.\n\nUploading an image to a social media website.\n\n(3) However, displaying a thing as described in subsection (1) is to ***publicly display*** it for the purposes of this Act even if the thing being displayed is an Internet publication.\n\nDisplaying, on a screen in a public place, an image as published on a social media website.\n\nS. 8B inserted by No. 37/2024 s. 20.\n\n","sortOrder":22},{"sectionNumber":"8B","sectionType":"section","heading":"Meaning of *related unlawful association notice*","content":"\t8B Meaning of *related unlawful association notice*\n\nFor the purposes of this Act, the following notices are all ***related unlawful association notices*** in relation to each other—\n\n(a) an unlawful association notice issued under section 124D(1); and\n\n(b) each unlawful association notice issued under section 124E in respect of an eligible offender specified in the notice referred to in paragraph (a).\n\nS. 9 substituted by No. 37/2024 s. 40.\n\n","sortOrder":23},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of *respondent*","content":"\t9 Meaning of *respondent*\n\nFor the purposes of this Act, a ***respondent*** is—\n\n(a) for an application for a serious crime prevention order—the individual identified in the application in accordance with section 14(2)(b); or\n\n(b) for an application for the variation or revocation of a serious crime prevention order under section 21(1)—the individual to whom the order applies; or\n\n(c) for an application for the variation or revocation of a serious crime prevention order under section 21(2)—the Chief Commissioner; or\n\n(d) for an application for the renewal of a serious crime prevention order under section 26—the individual to whom the order applies; or\n\n(e) for an application for registration of a corresponding order under section 99—the individual to whom the order applies; or\n\n(f) for an application for a variation of a registered corresponding order under section 113—the individual to whom the order applies; or\n\n(g) for an application to cancel the registration of a registered corresponding order under section 119—the individual to whom the order applies.\n\nS. 9A inserted by No. 37/2024 s. 101.\n\n","sortOrder":24},{"sectionNumber":"9A","sectionType":"section","heading":"Meaning of *serious criminal activity*","content":"\t9A Meaning of *serious criminal activity*\n\n(1) Conduct—\n\n(a) that has been engaged in; and\n\n(b) that constitutes an applicable offence—\n\nis ***serious criminal activity*** for the purposes of this Act.\n\n(2) For the purposes of subsection (1), it does not matter—\n\n(a) whether the conduct constitutes more than one applicable offence; or\n\n(b) whether the conduct occurred before or after the commencement of this section; or\n\n(c) whether a person has been charged with an applicable offence in relation to that conduct; or\n\n(d) whether any prosecution for such an offence has concluded with an acquittal or a finding of guilt or in any other way.\n\n(3) Conduct that would constitute an applicable offence if it were to be engaged in is also ***serious criminal activity*** for the purposes of this Act.\n\n(4) For the purposes of subsection (3), it does not matter whether the conduct would constitute more than one applicable offence.\n\nS. 10 (Heading) amended by No. 37/2024 s. 15(1).\n\nS. 10 amended by No. 37/2024 s. 15(2).\n\n","sortOrder":25},{"sectionNumber":"10","sectionType":"section","heading":"Descriptions of offences in Schedule 1","content":"\t10 Descriptions of offences in Schedule 1\n\nIn Schedule 1, a description following a reference to an offence against a provision of an Act—\n\n(a) is provided for convenience of reference only; and\n\n(b) does not affect—\n\n(i) the operation of the provision or this Act; or\n\n(ii) the nature or elements of an offence against the provision; and\n\n(c) must be disregarded if it is inconsistent with the provision.\n\nS. 11 amended by No. 37/2024 s. 97(1)(2) (ILA s. 39B(1)).\n\n","sortOrder":26},{"sectionNumber":"11","sectionType":"section","heading":"Intention of Parliament that exercise of powers under this Act not diminish certain rights","content":"\t11 Intention of Parliament that exercise of powers under this Act not diminish certain rights\n\n(1) Subject to subsection (2), it is the intention of the Parliament that powers under this Act, so far as is possible consistently with the purposes of this Act, be exercised in a way that does not diminish the freedom of persons in Victoria to participate in lawful protest, advocacy, dissent or industrial action.\n\nS. 11(2) inserted by No. 37/2024 s. 97(2).\n\n(2) Subsection (1) has no application in relation to Part 5C.\n\n","sortOrder":27},{"sectionNumber":"12","sectionType":"section","heading":"Extra-territorial operation","content":"\t12 Extra-territorial operation\n\nIt is the intention of the Parliament that the operation of this Act should, so far as is possible, include operation in relation to the following—\n\n(a) land situated outside Victoria, whether in or outside Australia;\n\n(b) things situated outside Victoria, whether in or outside Australia;\n\n(c) acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia;\n\n(d) things, acts, transactions and matters, (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country.\n\n","sortOrder":28},{"sectionNumber":"13","sectionType":"section","heading":"Crown to be bound","content":"\t13 Crown to be bound\n\nThis Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n\nPt 2 (Headings and ss 14–37) amended by Nos 55/2014 ss 63–72, 27/2016 ss 28–31, substituted as Pt 2 (Headings and ss 14–31) by No. 37/2024 s. 41.\n\n","sortOrder":29},{"sectionNumber":"Part 2","sectionType":"part","heading":"Serious crime prevention orders","content":"Part 2—Serious crime prevention orders\n\nDivision 1—Making of serious crime prevention orders\n\nS. 14 substituted by No. 37/2024 s. 41.\n\n","sortOrder":30},{"sectionNumber":"14","sectionType":"section","heading":"Chief Commissioner may apply for serious crime prevention order","content":"\t14 Chief Commissioner may apply for serious crime prevention order\n\n(1) The Chief Commissioner may apply to the Court for a serious crime prevention order.\n\n(2) An application for a serious crime prevention order must—\n\n(b) identify the individual in respect of whom the order is sought; and\n\n(c) state the grounds on which the order is sought; and\n\n(d) state the conditions that are sought to be imposed under the order; and\n\n(e) set out the details of any previous application for a serious crime prevention order in respect of the individual, including the outcome of each application.\n\n(3) The application must be accompanied by at least one affidavit which addresses the grounds on which the serious crime prevention order is sought.\n\nSee section 16(1)(a), (b) and (c) for the criteria of which the Court must be satisfied in order to make a serious crime prevention order.\n\n(4) The Chief Commissioner must cause the application to be served on the respondent as soon as practicable after the application is made.\n\nS. 15 substituted by No. 37/2024 s. 41.\n\n","sortOrder":31},{"sectionNumber":"15","sectionType":"section","heading":"Hearing of application","content":"\t15 Hearing of application\n\n(1) The Chief Commissioner and the respondent may appear at the hearing of an application under section 14 and make submissions in relation to the application.\n\n(2) However, the Court may hear and determine the application even if the respondent does not appear.\n\nS. 16 substituted by No. 37/2024 s. 41.\n\n","sortOrder":32},{"sectionNumber":"16","sectionType":"section","heading":"Court may make serious crime prevention order","content":"\t16 Court may make serious crime prevention order\n\n(1) On an application under section 14, the Court may make an order that requires the respondent to comply with the conditions imposed under the order if the Court is satisfied that—\n\n(a) either—\n\n(i) the respondent is an eligible offender; or\n\n(ii) subject to subsection (2), the respondent has been involved in serious criminal activity while aged 18 years old or older; and\n\n(b) there are reasonable grounds to believe that compliance with the conditions would protect the public by preventing or inhibiting the respondent from being involved in serious criminal activity; and\n\n(c) the imposition of the conditions is otherwise appropriate in all the circumstances.\n\nSection 17 sets out some of the conditions that the Court may impose under the order.\n\n(2) For the purposes of subsection (1)(a)(ii), if—\n\n(a) the respondent committed an applicable offence; and\n\n(b) the respondent was convicted of that offence; and\n\n(c) that conviction has become spent under the **Spent Convictions Act 2021**—\n\nthe respondent is not to be taken to have been involved in serious criminal activity by having committed that offence.\n\n(3) In determining whether to make a serious crime prevention order on the basis that the respondent has been involved in serious criminal activity in the way described by section 5C(b) or (c), the Court may have regard to whether the respondent's behaviour was reasonable in all the circumstances.\n\n(4) In determining what conditions to impose under a serious crime prevention order, the Court must have regard to what is already required of the respondent by or under—\n\n(a) an undertaking that the respondent has given to a court (including a bail undertaking); or\n\n(b) an order made, or a direction given, by a court or a tribunal; or\n\n(c) a correctional order within the meaning of the **Corrections Act 1986**; or\n\n(d) a family violence safety notice issued under the **Family Violence Protection Act 2008**; or\n\n(e) a corresponding interstate order, within the meaning of the **Personal** **Safety Intervention Orders Act 2010**, that is registered under Part 9 of that Act; or\n\n(f) a corresponding New Zealand order, within the meaning of the **Personal Safety Intervention Orders Act 2010**, that is registered under Part 9 of that Act; or\n\n(g) a recognised DVO within the meaning of the **National Domestic Violence Order Scheme Act 2016**; or\n\n(h) a firearm prohibition order within the meaning of Part 4A of the **Firearms Act 1996**; or\n\n(i) any other instrument that the Court is aware applies to the respondent.\n\nS. 17 substituted by No. 37/2024 s. 41.\n\n","sortOrder":33},{"sectionNumber":"17","sectionType":"section","heading":"Conditions that may be imposed","content":"\t17 Conditions that may be imposed\n\n(1) The conditions that the Court may impose under a serious crime prevention order include conditions that do the following things—\n\n(a) prohibit the respondent from associating with—\n\n(i) a specified individual; or\n\n(ii) individuals of a specified class;\n\n(b) prohibit the respondent from leaving Victoria or Australia;\n\n(c) prohibit the respondent from entering a specified place;\n\n(d) prohibit the respondent from possessing or using firearms or other weapons;\n\n(e) prohibit the respondent from possessing more than a specified amount of cash;\n\n(f) prohibit the respondent from possessing or using specified telecommunications devices, or telecommunications devices of a specified class;\n\n(g) prohibit the respondent from accessing or decrypting encrypted information of a specified class;\n\n(h) prohibit the respondent from undertaking a specified activity in respect of—\n\n(i) specified property; or\n\n(ii) property of a specified class;\n\n(i) prohibit the respondent from having more than a specified number of accounts in their name with financial institutions;\n\n(j) prohibit the respondent from engaging in specified business activities;\n\n(k) prohibit the respondent from using an alias;\n\n(l) require the respondent to—\n\n(i) notify Victoria Police before, or within a specified time after, doing a specified thing; or\n\n(ii) give Victoria Police specified information in relation to the doing of that thing.\n\nSubsection (2) sets out things in relation to which the respondent may be required to notify or inform Victoria Police.\n\n(2) Without limiting subsection (1)(l), a condition referred to in that provision may relate to the respondent doing any of the following things—\n\n(a) changing their residential address;\n\n(b) leaving Victoria or Australia;\n\n(c) becoming or ceasing to be an employee;\n\n(d) becoming or ceasing to be—\n\n(i) the registered operator (within the meaning of the **Road Safety Act 1986**) of a vehicle (within the meaning of that Act); or\n\n(ii) the owner of a vehicle.\n\n(3) A reference in subsection (1) to a condition prohibiting the respondent from doing a thing includes prohibiting that thing either—\n\n(a) absolutely; or\n\n(b) only in specified circumstances or in a specified manner.\n\n(4) Nothing in this section—\n\n(a) prevents the Court from imposing a condition that—\n\n(i) deals with a matter dealt with by a condition referred to in subsection (1); and\n\n(ii) deals with it differently from how the condition in subsection (1) deals with it; or\n\n(b) otherwise limits the power of the Court to impose conditions under the serious crime prevention order.\n\nS. 18 substituted by No. 37/2024 s. 41.\n\n","sortOrder":34},{"sectionNumber":"18","sectionType":"section","heading":"Content of serious crime prevention order","content":"\t18 Content of serious crime prevention order\n\nThe Court must specify in a serious crime prevention order—\n\n(a) the individual to whom the order applies; and\n\n(b) the grounds on which the order is made; and\n\n(c) the conditions imposed under the order; and\n\n(d) the day on which the order is made.\n\nSection 19 also requires certain other matters to be specified in the order in relation to its duration.\n\nS. 19 substituted by No. 37/2024 s. 41.\n\n","sortOrder":35},{"sectionNumber":"19","sectionType":"section","heading":"Duration of serious crime prevention order","content":"\t19 Duration of serious crime prevention order\n\n(1) In making a serious crime prevention order, the Court must specify in the order—\n\n(a) the day on which the order is to take effect; and\n\n(b) the duration of the order, which must not be longer than 5 years.\n\n(2) A serious crime prevention order—\n\n(a) takes effect on the day specified in the order under subsection (1)(a) unless section 24(2) applies; and\n\nSection 24(2) provides for a varied serious crime prevention order to take effect on the day specified in the varied order.\n\n(b) remains in effect for—\n\n(i) the duration specified in the order under subsection (1)(b); or\n\n(ii) if that duration is varied under section 23, the duration as varied—\n\nunless sooner revoked.\n\nS. 20 substituted by No. 37/2024 s. 41.\n\n","sortOrder":36},{"sectionNumber":"20","sectionType":"section","heading":"Service of serious crime prevention order","content":"\t20 Service of serious crime prevention order\n\nThe Chief Commissioner must cause a copy of a serious crime prevention order to be served on the individual to whom it applies as soon as practicable after the order is made but no later than 7 days after that making.\n\nDivision 2—Variation or revocation of serious crime prevention orders\n\nS. 21 substituted by No. 37/2024 s. 41.\n\n","sortOrder":37},{"sectionNumber":"21","sectionType":"section","heading":"Application for variation or revocation","content":"\t21 Application for variation or revocation\n\n(1) The Chief Commissioner may apply to the Court for the variation or revocation of a serious crime prevention order.\n\n(2) The individual in respect of whom a serious crime prevention order is made may, with the leave of the Court, apply for the variation or revocation of the order.\n\n(3) The Court may grant leave to apply under subsection (2) if—\n\n(a) the Chief Commissioner files with the Court a notice, signed by the Chief Commissioner, stating that the Chief Commissioner supports the granting of leave; or\n\n(b) the Court is satisfied that there has been a substantial change in circumstances since the serious crime prevention order was made.\n\nS. 22 substituted by No. 37/2024 s. 41.\n\n","sortOrder":38},{"sectionNumber":"22","sectionType":"section","heading":"Form and content of application","content":"\t22 Form and content of application\n\n(1) An application under section 21(1) or (2) must—\n\n(b) state the grounds on which the variation or revocation of the serious crime prevention order is sought.\n\n(2) An application must be accompanied by an affidavit which addresses the grounds on which the variation or revocation is sought.\n\n(3) An application must be served on the respondent as soon as practicable after the application is made.\n\nS. 23 substituted by No. 37/2024 s. 41.\n\n","sortOrder":39},{"sectionNumber":"23","sectionType":"section","heading":"Determination of application for variation or revocation","content":"\t23 Determination of application for variation or revocation\n\n(1) The Court may, in accordance with this section, vary or revoke a serious crime prevention order on an application under section 21(1) or (2).\n\n(2) The Court may vary the serious crime prevention order if—\n\n(a) the Court considers that—\n\n(i) there has been a substantial change in circumstances since the order was made; and\n\n(ii) because of that change, a variation is necessary for the Court to be satisfied as described in section 16(1)(b) and (c); or\n\nSection 16(1)(b) and (c) sets out what the Court must be satisfied of in relation to the conditions imposed under the order.\n\n(b) the respondent consents to the variation.\n\n(3) Nothing in this section permits the Court to vary the order so that it remains in effect for longer than 5 years.\n\n(4) Section 16(4) applies in relation to the imposition of conditions as part of the variation of a serious crime prevention order.\n\nSection 16(4) requires the Court to have regard to what is already required of the respondent by various other instruments.\n\n(5) The Court may revoke the serious crime prevention order if—\n\n(a) the Court is no longer satisfied as described in section 16(1); or\n\n(b) the respondent consents to the revocation.\n\n(6) Consent under subsection (2)(b) or (5)(b) is given by filing with the Court a notice of consent that is signed by the respondent.\n\nS. 24 substituted by No. 37/2024 s. 41.\n\n","sortOrder":40},{"sectionNumber":"24","sectionType":"section","heading":"Court must specify when variation or revocation takes effect","content":"\t24 Court must specify when variation or revocation takes effect\n\n(1) On varying a serious crime prevention order, the Court must specify, in the order, the day on which the order takes effect as varied.\n\n(2) A varied serious crime prevention order takes effect as varied on the day specified in the order under subsection (1).\n\n(3) On revoking a serious crime prevention order, the Court must specify, in the order revoking it, the day on which the revocation takes effect.\n\n(4) A serious crime prevention order is revoked on the day specified in the order revoking it under subsection (3).\n\n(5) The day specified by the Court under subsection (1) or (3) must be a day that is within 6 months after the day on which the Court varies or revokes the serious crime prevention order.\n\nS. 25 substituted by No. 37/2024 s. 41.\n\n","sortOrder":41},{"sectionNumber":"25","sectionType":"section","heading":"Service requirements if serious crime prevention order varied or revoked","content":"\t25 Service requirements if serious crime prevention order varied or revoked\n\n(1) If the Court varies a serious crime prevention order under section 23, the Chief Commissioner must cause a copy of the varied order to be served on the individual to whom the order applies.\n\n(2) If the Court revokes a serious crime prevention order under section 23, the Chief Commissioner must cause a copy of the order revoking the serious crime prevention order to be served on the individual to whom the order applied.\n\n(3) The copy of the order must be served as soon as practicable after the serious crime prevention order is varied or revoked but no later than 7 days after the variation or revocation.\n\nDivision 3—Renewal of serious crime prevention orders\n\nS. 26 substituted by No. 37/2024 s. 41.\n\n","sortOrder":42},{"sectionNumber":"26","sectionType":"section","heading":"Application for renewal of serious crime prevention order","content":"\t26 Application for renewal of serious crime prevention order\n\n(1) The Chief Commissioner may apply to the Court for the renewal of a serious crime prevention order.\n\n(2) The application must be made before the serious crime prevention order ceases to have effect.\n\n(3) The application must—\n\n(a) meet the requirements that, under section 14(2), must be met by an application for a serious crime prevention order; and\n\n(b) be accompanied by at least one affidavit which addresses the grounds on which the renewal of the serious crime prevention order is sought.\n\n(4) The Chief Commissioner must cause the application to be served on the respondent as soon as practicable after the application is made.\n\nS. 27 substituted by No. 37/2024 s. 41.\n\n","sortOrder":43},{"sectionNumber":"27","sectionType":"section","heading":"Court may renew serious crime prevention order","content":"\t27 Court may renew serious crime prevention order\n\n(1) If, on an application under section 26, the Court is satisfied as described in section 16(1)(b) and (c), the Court may renew the serious crime prevention order in respect of which the application was made.\n\nSection 16(1)(b) and (c) sets out what the Court must be satisfied of in relation to the conditions imposed under the order.\n\n(2) The Court may renew the serious crime prevention order even if the order ceases to have effect before the Court determines the application.\n\n(3) The Court must specify in the renewed serious crime prevention order—\n\n(a) the individual in respect of whom the order is made; and\n\n(b) the grounds on which the order was renewed; and\n\n(c) the conditions imposed under the order; and\n\n(d) the day on which the order is renewed.\n\nSection 28 also requires certain other matters to be specified in the order in relation to its duration.\n\n(4) In renewing the serious crime prevention order, the Court may vary the conditions imposed under the order if it is necessary to do so for the Court to be satisfied as described in section 16(1)(b) and (c).\n\n(5) Section 16(4) applies in relation to the imposition of conditions under a renewed serious crime prevention order.\n\nSection 16(4) requires the Court to have regard to what is already required of the respondent by various other instruments.\n\nS. 28 substituted by No. 37/2024 s. 41.\n\n","sortOrder":44},{"sectionNumber":"28","sectionType":"section","heading":"Duration of renewed serious crime prevention order","content":"\t28 Duration of renewed serious crime prevention order\n\n(1) In renewing a serious crime prevention order, the Court must specify in the order—\n\n(a) the day on which the order is to take effect; and\n\n(b) the duration of the order, which must not be longer than 5 years.\n\n(2) A renewed serious crime prevention order—\n\n(a) takes effect on the day specified in the order under subsection (1)(a) unless section 24(2) applies; and\n\nSection 24(2) provides for a varied serious crime prevention order to take effect on the day specified in the varied order.\n\n(b) remains in effect for—\n\n(i) the duration specified in the order under subsection (1)(b); or\n\n(ii) if that duration is varied under section 23, the duration as varied—\n\nunless sooner revoked.\n\nS. 29 substituted by No. 37/2024 s. 41.\n\n","sortOrder":45},{"sectionNumber":"29","sectionType":"section","heading":"Service of renewed serious crime prevention order","content":"\t29 Service of renewed serious crime prevention order\n\nThe Chief Commissioner must cause a copy of a renewed serious crime prevention order to be served on the individual to whom it applies as soon as practicable after the order is renewed but no later than 7 days after that renewal.\n\nS. 30 substituted by No. 37/2024 s. 41.\n\n","sortOrder":46},{"sectionNumber":"30","sectionType":"section","heading":"Serious crime prevention order may be renewed more than once","content":"\t30 Serious crime prevention order may be renewed more than once\n\nA serious crime prevention order may be renewed more than once.\n\nDivision 4—Contravention of serious crime prevention orders\n\nS. 31 substituted by No. 37/2024 s. 41.\n\n","sortOrder":47},{"sectionNumber":"31","sectionType":"section","heading":"Offence to contravene serious crime prevention order","content":"\t31 Offence to contravene serious crime prevention order\n\n(1) An individual who either—\n\n(a) knows that a serious crime prevention order that applies to them is in effect; or\n\n(b) is reckless as to that fact—\n\nmust not contravene a condition imposed under that order.\n\n(3) In proceedings for an offence against subsection (1), service of a copy of the serious crime prevention order is proof, in the absence of evidence to the contrary, that the individual to whom the order applies knows that a serious crime prevention order that applies to them is in effect.\n\n(4) In proceedings for an offence against subsection (1), if the contravention is constituted by the individual associating with another individual contrary to a condition imposed under the serious crime prevention order, it is not necessary for the prosecution to prove—\n\n(a) that the individual to whom the order applies associated with that other individual for any particular purpose; or\n\n(b) that the association would have led to the commission of any offence.\n\nPt 3 (Headings and ss 38–68) amended by Nos 55/2014 ss 73–81, 27/2016 ss 32–35, repealed by No. 37/2024 s. 42.\n\nPart 4—Protection of criminal intelligence\n\nDivision 1—Preliminary\n\n\t69 Definitions\n\nIn this Part—\n\n***protection application*** means an application under section 70 for a criminal intelligence protection order;\n\nS. 69 def. of *relevant party* inserted by No. 37/2024 s. 43(1).\n\n***relevant party*** to a substantive application means—\n\n(a) if the substantive application was made by the Chief Commissioner, the respondent to the application; or\n\n(b) otherwise, the person who made the application;\n\nS. 69 def. of *substantive application* amended by No. 37/2024 s. 43(2).\n\n***substantive application*** means—\n\n(a) an application for a serious crime prevention order; or\n\n(b) an application for the revocation of a serious crime prevention order; or\n\n(c) an application for the variation of a serious crime prevention order; or\n\n(ca) an application for the renewal of a serious crime prevention order; or\n\n(d) an application for the registration of a corresponding order referred to the Court under section 102; or\n\n(e) an application—\n\n(i) for the variation of a registered corresponding order; or\n\n(ii) for the cancellation of the registration of a registered corresponding order.\n\nDivision 2—Criminal intelligence protection orders\n\n","sortOrder":48},{"sectionNumber":"70","sectionType":"section","heading":"Application for criminal intelligence protection order","content":"\t70 Application for criminal intelligence protection order\n\nS. 70(1) amended by No. 37/2024 s. 44.\n\n(1) If a substantive application is made, the Chief Commissioner may apply to the Court for an order (a ***criminal intelligence protection order***) in relation to any information, document or other thing related to that substantive application that the Chief Commissioner believes on reasonable grounds is criminal intelligence.\n\n***Criminal intelligence*** is defined in section 3(1). An application for a criminal intelligence protection order is called a ***protection application***—see section 69.\n\n(2) A protection application must—\n\n(b) state the grounds on which the order is sought; and\n\n(c) be accompanied by an affidavit which addresses the grounds on which the order is sought.\n\n","sortOrder":49},{"sectionNumber":"71","sectionType":"section","heading":"Appointment and role of special counsel","content":"\t71 Appointment and role of special counsel\n\nS. 71(1) amended by No. 37/2024 s. 45(1).\n\n(1) If a protection application is made, the Court may appoint a special counsel to represent the interests of the relevant party to the substantive application in relation to which the protection application was made at the hearing of the protection application.\n\nS. 71(2) amended by No. 37/2024 ss 45(1), 102(2).\n\n(2) A special counsel must be a barrister within the meaning of the Legal Profession Uniform Law (Victoria) who, in the opinion of the Court, has the appropriate skills and ability to represent the interests of the relevant party at the hearing of the protection application.\n\nS. 71(3) amended by No. 37/2024 s. 45(2).\n\n(3) At any time before the special counsel attends the hearing or obtains any information or the original or a copy of any document or other thing that is the subject of the protection application, the special counsel may communicate with the relevant party, or any representative of the relevant party, for the purposes of obtaining information from the relevant party or representative in relation to the protection application.\n\n(4) At any time after the special counsel commences to attend the hearing or obtains any information or the original or a copy of any document or other thing that is the subject of the protection application, the special counsel—\n\nS. 71(4)(a) amended by No. 37/2024 s. 45(3)(a).\n\n(a) may communicate to the relevant party or a representative of the relevant party any order made by the Court at or in relation to the hearing; and\n\nS. 71(4)(b) amended by No. 37/2024 s. 45(3)(b).\n\n(b) must not communicate any other information in relation to the hearing to the relevant party or a representative of the relevant party, but may seek information from the relevant party or representative that is necessary for the special counsel to represent the interests of the relevant party.\n\n(5) The special counsel—\n\nS. 71(5)(a) amended by No. 37/2024 s. 104(2)(a).\n\n(a) must not perform their role in a manner that compromises the confidentiality of all or any part of the information, document or other thing that is the subject of the protection application; and\n\nS. 71(5)(b) amended by No. 37/2024 ss 45(4), 104(2)(b).\n\n(b) does not incur any liability to the relevant party in respect of anything done or omitted to be done by the special counsel in performing their role as special counsel.\n\nS. 72 (Heading) amended by No. 37/2024 s. 46(1).\n\n","sortOrder":50},{"sectionNumber":"72","sectionType":"section","heading":"Adjournment to allow special counsel to communicate with relevant party","content":"\t72 Adjournment to allow special counsel to communicate with relevant party\n\nS. 72(1) amended by No. 37/2024 s. 46(2).\n\n(1) The Court may adjourn a proceeding on a protection application to allow a special counsel appointed under section 71 to communicate with the relevant party or a representative of the relevant party in accordance with section 71(3) or (4).\n\n(2) Subsection (1) does not limit any other power of the Court to adjourn a proceeding.\n\n","sortOrder":51},{"sectionNumber":"73","sectionType":"section","heading":"Protection application to be heard in closed court unless Court orders otherwise","content":"\t73 Protection application to be heard in closed court unless Court orders otherwise\n\n(1) Unless the Court orders otherwise, a protection application must be heard in closed court.\n\n(2) The Court may make an order under subsection (1) if it considers it appropriate to do so.\n\n(3) If the protection application is heard in closed court, the only persons who may be present at the hearing are—\n\nS. 73(3)(a) amended by No. 37/2024 s. 104(3).\n\n(a) the Chief Commissioner or the Chief Commissioner's delegate;\n\n(b) any lawyers representing the Chief Commissioner;\n\n(c) a special counsel appointed under section 71 in relation to the application;\n\n(d) any witnesses who may be called to give evidence;\n\n(e) the presiding judge and any court staff necessary for the hearing.\n\n(4) If the protection application is heard in closed court, the Court must cause a notice to be posted on a door of the court house or in another conspicuous place where notices are usually posted at the court house—\n\n(a) stating that the hearing is being held in closed court; and\n\n(b) stating who may be present at the hearing; and\n\n(c) stating that it is an offence for anyone else to enter or attempt to enter the place where the hearing is being held.\n\nS. 73(5) substituted by No. 37/2024 s. 47.\n\n(5) If the Court makes an order under subsection (1)—\n\n(a) the Chief Commissioner may withdraw the protection application; and\n\n(b) if the substantive application was made by the Chief Commissioner, the Chief Commissioner may withdraw that application (or both applications).\n\nS. 73(6) repealed by No. 37/2024 s. 103(1).\n\n","sortOrder":52},{"sectionNumber":"74","sectionType":"section","heading":"Offence to enter closed court","content":"\t74 Offence to enter closed court\n\n(1) A person not referred to in section 73(3) who knows or is reckless as to the fact that a hearing is being held in closed court under section 73 must not enter the place where the hearing is being held.\n\n(3) If—\n\n(a) a person is charged with an offence against subsection (1); and\n\n(b) the prosecution proves that a notice was posted in accordance with section 73(4) at the time of the alleged offence—\n\nthe person is presumed to have known, or to have been reckless as to the fact, that the hearing was being held in closed court unless the person presents or points to evidence that the person did not know and was not reckless as to that fact.\n\nS. 74(4) repealed by No. 37/2024 s. 103(2).\n\n","sortOrder":53},{"sectionNumber":"75","sectionType":"section","heading":"Determining protection application","content":"\t75 Determining protection application\n\n(1) After hearing a protection application, the Court may make a criminal intelligence protection order in respect of all or any part of the information, document or other thing to which the application relates if the Court is satisfied that—\n\n(a) the information, document, thing or part is criminal intelligence; and\n\nS. 75(1)(b) amended by No. 37/2024 s. 48(1).\n\n(b) the reasons for maintaining the confidentiality of the criminal intelligence outweigh any prejudice or unfairness to the relevant party to the substantive application.\n\n(2) If the Court declines to make a criminal intelligence protection order in respect of all or any part of the information, document or other thing—\n\n(a) the Chief Commissioner is not obliged to adduce that information, document, other thing or part in evidence in the proceeding on the substantive application; and\n\nS. 75(2)(b) substituted by No. 37/2024 s. 48(2).\n\n(b) if the substantive application was made by the Chief Commissioner, the Chief Commissioner may withdraw the substantive application.\n\nS. 75(3) amended by No. 37/2024 s. 48(3).\n\n(3) If the substantive application was made by the Chief Commissioner, the Chief Commissioner may also withdraw the substantive application if the Court at any time during the proceeding on the substantive application makes an order for discovery of all or any part of the information, document or other thing that was the subject of the protection application, whether or not a criminal intelligence protection order was made.\n\n","sortOrder":54},{"sectionNumber":"76","sectionType":"section","heading":"Admissibility of protected criminal intelligence","content":"\t76 Admissibility of protected criminal intelligence\n\nTo avoid doubt, the making of a criminal intelligence protection order is not determinative of the admissibility of the protected criminal intelligence in evidence in the proceeding on the substantive application.\n\n","sortOrder":55},{"sectionNumber":"77","sectionType":"section","heading":"Offence to publish report of hearing of protection application","content":"\t77 Offence to publish report of hearing of protection application\n\n(1) Unless the Court orders otherwise, a person must not publish a report of a hearing of a protection application or any information derived from such a hearing.\n\n(3) The Court may make an order under subsection (1) if it considers it appropriate to do so.\n\nDivision 3—How protected criminal intelligence is dealt with in substantive applications\n\n","sortOrder":56},{"sectionNumber":"78","sectionType":"section","heading":"Division applies to the *relevant part* of a substantive application","content":"\t78 Division applies to the *relevant part* of a substantive application\n\n(1) This Division applies to any part of a proceeding on a substantive application in which protected criminal intelligence is sought to be admitted, or is adduced, in evidence.\n\n***Protected criminal intelligence*** is criminal intelligence that is the subject of a criminal intelligence protection order—see section 3(1).\n\n(2) In this Division, the part of proceedings referred to in subsection (1) is called the ***relevant part***.\n\n","sortOrder":57},{"sectionNumber":"79","sectionType":"section","heading":"Appointment and role of special counsel","content":"\t79 Appointment and role of special counsel\n\nS. 79(1) amended by No. 37/2024 s. 49(1).\n\n(1) The Court may appoint a special counsel to represent the interests of the relevant party to the substantive application at the hearing of the relevant part.\n\nS. 79(2) amended by No. 37/2024 ss 49(1), 102(3).\n\n(2) A special counsel must be a barrister within the meaning of the Legal Profession Uniform Law (Victoria) who, in the opinion of the Court, has the appropriate skills and ability to represent the interests of the relevant party at the hearing of the relevant part.\n\nS. 79(3) amended by No. 37/2024 s. 49(1).\n\n(3) If a special counsel was appointed under section 71 to represent the interests of the relevant party at the hearing of the protection application, the Court may appoint the same person or a different person as special counsel under this section.\n\nS. 79(4) amended by No. 37/2024 s. 49(2).\n\n(4) At any time before the special counsel attends the hearing of the relevant part or obtains any of the protected criminal intelligence or any copy of any of the protected criminal intelligence, the special counsel may communicate with the relevant party, or any representatives of the relevant party, for the purposes of obtaining information from the relevant party or representative in relation to the relevant part.\n\nS. 79(5) amended by No. 37/2024 s. 49(3).\n\n(5) To avoid doubt, subsection (4) does not apply if the special counsel is the same person as the special counsel appointed under section 71 to represent the interests of the relevant party at the hearing of the protection application.\n\n(6) If the special counsel is the same person as the special counsel appointed under section 71, the special counsel—\n\nS. 79(6)(a) amended by No. 37/2024 s. 49(4)(a).\n\n(a) may communicate to the relevant party or a representative of the relevant party any order made by the Court at or in relation to the hearing of the relevant part; and\n\nS. 79(6)(b) amended by No. 37/2024 s. 49(4)(b).\n\n(b) must not communicate any other information in relation to the hearing of the relevant part to the relevant party or a representative of the relevant party, but may seek information from the relevant party or representative that is necessary for the special counsel to represent the interests of the relevant party.\n\n(7) If the special counsel is not the same person as the special counsel appointed under section 71, at any time after the special counsel commences to attend the hearing of the relevant part or obtains any of the protected criminal intelligence or any copy of any of the protected criminal intelligence, the special counsel—\n\nS. 79(7)(a) amended by No. 37/2024 s. 49(5)(a).\n\n(a) may communicate to the relevant party or a representative of the relevant party any order made by the Court at or in relation to the hearing; and\n\nS. 79(7)(b) amended by No. 37/2024 s. 49(5)(b).\n\n(b) must not communicate any other information in relation to the hearing to the relevant party or a representative of the relevant party, but may seek information from the relevant party or representative that is necessary for the special counsel to represent the interests of the relevant party.\n\n(8) The special counsel—\n\nS. 79(8)(a) amended by No. 37/2024 s. 104(4)(a).\n\n(a) must not perform their role in a manner that compromises the confidentiality of all or any part of the protected criminal intelligence; and\n\nS. 79(8)(b) amended by No. 37/2024 ss 49(6), 104(4)(b).\n\n(b) does not incur any liability to the relevant party in respect of anything done or omitted to be done by the special counsel in performing their role as special counsel.\n\n(9) The Court may direct that the special counsel may be present as an observer at any hearing of the substantive application other than the hearing of the relevant part.\n\nThe special counsel is entitled to be present at the hearing of the relevant part—see section 81(3)(c).\n\nS. 80 (Heading) amended by No. 37/2024 s. 50(1).\n\n","sortOrder":58},{"sectionNumber":"80","sectionType":"section","heading":"Adjournment to allow special counsel to communicate with relevant party","content":"\t80 Adjournment to allow special counsel to communicate with relevant party\n\nS. 80(1) amended by No. 37/2024 s. 50(2).\n\n(1) The Court may adjourn a proceeding on a substantive application to allow a special counsel appointed under section 79 to communicate with the relevant party or a representative of the relevant party in accordance with section 79(4), (6) or (7) (as the case requires).\n\n(2) Subsection (1) does not limit any other power of the Court to adjourn a proceeding.\n\n","sortOrder":59},{"sectionNumber":"81","sectionType":"section","heading":"Protected criminal intelligence to be dealt with in closed court unless Court orders otherwise","content":"\t81 Protected criminal intelligence to be dealt with in closed court unless Court orders otherwise\n\n(1) Unless the Court orders otherwise, the relevant part must be heard in closed court.\n\n(2) The Court may make an order under subsection (1) if it considers it appropriate to do so.\n\n(3) If the relevant part is heard in closed court, the only persons who may be present at the hearing of the relevant part are—\n\nS. 81(3)(a) amended by No. 37/2024 s. 104(5).\n\n(a) the Chief Commissioner or the Chief Commissioner's delegate;\n\n(b) any lawyers representing the Chief Commissioner;\n\n(c) a special counsel appointed under section 79 in relation to the relevant part;\n\n(d) any witnesses who may be called to give evidence;\n\n(e) the presiding judge and any court staff necessary for the hearing.\n\n(4) If the relevant part is heard in closed court, the Court must cause a notice to be posted on a door of the court house or in another conspicuous place where notices are usually posted at the court house—\n\n(a) stating that the hearing of the relevant part is being held in closed court; and\n\n(b) stating who may be present at the hearing of the relevant part; and\n\n(c) stating that it is an offence for anyone else to enter or attempt to enter the place where the hearing of the relevant part is being held.\n\n(5) If the Court makes an order under subsection (1)—\n\n(a) the Chief Commissioner is not obliged to adduce any protected criminal intelligence in evidence; and\n\nS. 81(5)(b) substituted by No. 37/2024 s. 51.\n\n(b) if the substantive application was made by the Chief Commissioner, the Chief Commissioner may withdraw that application.\n\nThe Chief Commissioner may also withdraw the substantive application if the Court makes an order for discovery of all or any part of the protected criminal intelligence—see section 75(3).\n\nS. 81(6) repealed by No. 37/2024 s. 103(3).\n\n","sortOrder":60},{"sectionNumber":"82","sectionType":"section","heading":"Offence to enter closed court","content":"\t82 Offence to enter closed court\n\n(1) A person not referred to in section 81(3) who knows or is reckless as to the fact that a hearing is being held in closed court under section 81 must not enter the place where the hearing is being held.\n\n(3) If—\n\n(a) a person is charged with an offence against subsection (1); and\n\n(b) the prosecution proves that a notice was posted in accordance with section 81(4) at the time of the alleged offence—\n\nthe person is presumed to have known, or to have been reckless as to the fact, that the hearing was being held in closed court unless the person presents or points to evidence that the person did not know and was not reckless as to that fact.\n\nS. 82(4) repealed by No. 37/2024 s. 103(4).\n\n","sortOrder":61},{"sectionNumber":"83","sectionType":"section","heading":"Offence to publish report of hearing of relevant part","content":"\t83 Offence to publish report of hearing of relevant part\n\n(1) Unless the Court orders otherwise, a person must not publish a report of a hearing of the relevant part or any information derived from such a hearing.\n\n(3) The Court may make an order under subsection (1) if it considers it appropriate to do so.\n\nDivision 4—General\n\n","sortOrder":62},{"sectionNumber":"84","sectionType":"section","heading":"Disclosure, receipt or solicitation of protected criminal intelligence","content":"\t84 Disclosure, receipt or solicitation of protected criminal intelligence\n\n(1) Subject to subsection (3), a person must not disclose, receive or solicit any information, document or other thing if the person knows or is reckless as to the fact that the information, document or other thing is protected criminal intelligence.\n\n(3) Subsection (1) does not apply—\n\n(a) to disclosure, receipt or solicitation of protected criminal intelligence that was in the public domain at the time of the disclosure, receipt or solicitation; or\n\nS. 84(3)(b) amended by No. 37/2024 s. 104(6).\n\n(b) to disclosure, receipt or solicitation of protected criminal intelligence by a law enforcement officer in the performance of the law enforcement officer's duty; or\n\n(c) to disclosure of protected criminal intelligence by a person to a lawyer, or the receipt or solicitation of protected criminal intelligence by a lawyer from a person, in the course of the person consulting the lawyer for legal advice; or\n\n(d) to disclosure, receipt or solicitation of protected criminal intelligence that is published in accordance with an order of the Court under section 77(1) or 83(1); or\n\n(e) to disclosure, receipt or solicitation of protected criminal intelligence that is required, authorised or permitted by or under this Act.\n\n(4) A person does not commit an offence against subsection (1) if—\n\n(a) the person presents or points to evidence that suggests a reasonable possibility that a circumstance referred to in subsection (3) existed at the time of the alleged commission of the offence; and\n\n(b) the contrary is not proved (beyond reasonable doubt) by the prosecution.\n\n","sortOrder":63},{"sectionNumber":"85","sectionType":"section","heading":"Disclosure, receipt or solicitation of other confidential material","content":"\t85 Disclosure, receipt or solicitation of other confidential material\n\n(1) This section applies to any information, document or other thing that was the subject of a protection application that was not granted by the Court.\n\n(2) Subject to subsection (4), a person must not disclose, receive or solicit any information, document or other thing to which this section applies if the person knows or is reckless as to the fact that the information, document or other thing is information or a document or other thing to which this section applies.\n\n(3) An offence against subsection (2) is an indictable offence.\n\n(4) Subsection (2) does not apply—\n\n(a) to disclosure, receipt or solicitation of any information, document or other thing that was in the public domain at the time of the disclosure, receipt or solicitation; or\n\n(b) to disclosure, receipt or solicitation of any information, document or other thing that has been adduced in evidence by or on behalf of the Chief Commissioner in relation to a substantive application; or\n\nS. 85(4)(c) amended by No. 37/2024 s. 104(7).\n\n(c) to disclosure, receipt or solicitation of any information, document or other thing by a law enforcement officer in the performance of the law enforcement officer's duty; or\n\n(d) to disclosure of any information, document or other thing by a person to a lawyer, or the receipt or solicitation of any information, document or other thing by a lawyer from a person, in the course of the person consulting the lawyer for legal advice; or\n\n(e) to disclosure, receipt or solicitation of any information, document or other thing that is published in accordance with an order of the Court under section 77(1); or\n\n(f) to disclosure, receipt or solicitation of any information, document or other thing that is required, authorised or permitted by or under this Act.\n\n(5) A person does not commit an offence against subsection (2) if—\n\n(a) the person presents or points to evidence that suggests a reasonable possibility that a circumstance referred to in subsection (4) existed at the time of the alleged commission of the offence; and\n\n(b) the contrary is not proved (beyond reasonable doubt) by the prosecution.\n\nPt 5 (Heading) amended by No. 37/2024 s. 52.\n\n","sortOrder":64},{"sectionNumber":"Part 5","sectionType":"part","heading":"Recognition of corresponding orders","content":"Part 5—Recognition of corresponding orders\n\nPt 5 Div. 1 (Headings and ss 86–98) amended by Nos 55/2014 s. 82, 27/2016 s. 36, repealed by No. 37/2024 s. 53.\n\nPt 5 Div. 2 (Heading) amended by No. 37/2024 s. 54.\n\nDivision 2—Reciprocal recognition of corresponding orders\n\n","sortOrder":65},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Application for registration","content":"Subdivision 1—Application for registration\n\nS. 99 (Heading) amended by No. 37/2024 s. 55(1).\n\n","sortOrder":66},{"sectionNumber":"99","sectionType":"section","heading":"Chief Commissioner may apply for registration of corresponding orders","content":"\t99 Chief Commissioner may apply for registration of corresponding orders\n\nS. 99(1) amended by No. 37/2024 s. 55(2).\n\n(1) The Chief Commissioner may apply to the County Court registrar for registration of a corresponding order.\n\nS. 99(2) amended by No. 37/2024 s. 55(3).\n\n(2) An application for registration of a corresponding order does not need to be served on the respondent.\n\nS. 99(3) repealed by No. 37/2024 s. 55(4).\n\nS. 100 amended by No. 37/2024 s. 56(a).\n\n","sortOrder":67},{"sectionNumber":"100","sectionType":"section","heading":"Form and content of application","content":"\t100 Form and content of application\n\nAn application for registration of a corresponding order must—\n\nS. 100(b) amended by No. 37/2024 s. 56(a).\n\n(b) state that the Chief Commissioner believes that it is necessary or desirable that the corresponding order operate in this State; and\n\nS. 100(c) amended by No. 37/2024 s. 56(b).\n\n(c) state whether the Chief Commissioner  believes that it is necessary or desirable for the corresponding order to be registered with variations for its effective operation in this State, and if so, the details of those variations; and\n\n(d) be accompanied by—\n\nS. 100(d)(i) amended by No. 37/2024 s. 56(c).\n\n(i) a copy of the corresponding order to be registered; and\n\nS. 100(d)(ii) substituted by No. 37/2024 s. 56(d).\n\n(ii) an affidavit that includes enough information to enable the County Court registrar to find that the order referred to in subparagraph (i)—\n\n(A) is a corresponding order within the meaning of this Act; and\n\n(B) is in effect.\n\nPt 5 Div. 2 Subdiv. 2 (Heading) amended by No. 37/2024 s. 57.\n\n","sortOrder":68},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Registration of corresponding orders","content":"Subdivision 2—Registration of corresponding orders\n\nS. 101 (Heading) amended by No. 37/2024 s. 58(1).\n\n","sortOrder":69},{"sectionNumber":"101","sectionType":"section","heading":"Registration of corresponding order by County Court registrar","content":"\t101 Registration of corresponding order by County Court registrar\n\nS. 101(1) amended by No. 37/2024 s. 58(2).\n\n(1) On an application under section 99 for the registration of a corresponding order, the County Court registrar must register the order if the County Court registrar is satisfied—\n\n(a) that the order is in effect; and\n\n(b) if the law of the jurisdiction in which the order was made requires notice of the order to be published—that the requirement has been complied with; and\n\n(c) if the law of the jurisdiction in which the order was made requires that the order be served on any organisation, person or group of persons—that the requirement has been complied with or is taken to have been complied with; and\n\nS. 101(1)(d) amended by No. 37/2024 s. 58(2)(a).\n\n(d) that the application states that the Chief Commissioner believes that it is necessary or desirable that the corresponding order operate in this State; and\n\nS. 101(1)(e) amended by No. 37/2024 s. 58(2)(a).\n\n(e) that the application does not state that the Chief Commissioner believes that it is necessary for the corresponding order to be registered with variations for its effective operation in this State.\n\nS. 101(2) amended by No. 37/2024 s. 58(3).\n\n(2) The County Court registrar must not register a corresponding order unless the County Court registrar is satisfied of the matters set out in subsection (1).\n\nS. 102 amended by No. 37/2024 s. 59.\n\n","sortOrder":70},{"sectionNumber":"102","sectionType":"section","heading":"Referral of application to Court for variation","content":"\t102 Referral of application to Court for variation\n\nIf the application states that the Chief Commissioner believes that it is necessary for a corresponding order to be registered with variations for its effective operation in this State, the County Court registrar must—\n\n(a) refer the application for registration to the Court; and\n\n(b) notify the Chief Commissioner of that referral.\n\n","sortOrder":71},{"sectionNumber":"103","sectionType":"section","heading":"Service of application","content":"\t103 Service of application\n\nS. 103(1) amended by No. 37/2024 s. 60.\n\n(1) If an application for registration of a corresponding order is referred to the Court under section 102, the Chief Commissioner must cause the following documents to be served on the respondent—\n\n(a) a copy of the application for registration;\n\n(b) a copy of each affidavit that accompanied the application.\n\n(2) The copies must be served as soon as practicable after the application is referred to the Court.\n\n","sortOrder":72},{"sectionNumber":"104","sectionType":"section","heading":"Hearing of application","content":"\t104 Hearing of application\n\n(1) The Chief Commissioner and the respondent may appear at the hearing of an application referred to the Court under section 102 and make submissions in relation to the application.\n\n(2) However, the Court may hear and determine the application even if the respondent does not appear.\n\n","sortOrder":73},{"sectionNumber":"105","sectionType":"section","heading":"Determination of application for registration","content":"\t105 Determination of application for registration\n\nS. 105(1) amended by No. 37/2024 s. 61(1)(a).\n\n(1) After hearing an application for registration of a corresponding order referred to the Court under section 102, the Court may—\n\nS. 105(1)(a) amended by No. 37/2024 s. 61(1)(b).\n\n(a) direct the County Court registrar to register the order—\n\n(i) with any variations that the Court considers necessary for its effective operation in this State; or\n\n(ii) without any variations; or\n\n(b) determine that the order is not to be registered.\n\nS. 105(2) substituted by No. 37/2024 s. 61(2).\n\n(2) Before giving a direction under subsection (1), the Court must take into account any substantial change in the respondent's circumstances since the corresponding order was made.\n\nS. 105(3) amended by No. 37/2024 s. 61(3)(a).\n\n(3) In determining an application to register a corresponding order with variations, the Court may—\n\nS. 105(3)(a) amended by No. 37/2024 s. 61(3)(b).\n\n(a) vary the conditions of the order, whether or not those conditions could be imposed on a serious crime prevention order under Part 2 and whether or not those conditions are mandatory or discretionary under the law of the jurisdiction in which the order was made;\n\nS. 105(3)(b) amended by No. 37/2024 s. 61(3)(b).\n\n(b) specify additional conditions on the order that could be imposed on a serious crime prevention order under Part 2, whether or not those conditions could be imposed on the order under the law of the jurisdiction in which the order was made;\n\n(c) specify conditions of the order that do not apply in this State, whether or not those conditions are mandatory or discretionary under the law of the jurisdiction in which the order was made;\n\n(d) specify any ancillary conditions that are necessary to give effect to the order in this State.\n\nS. 106 (Heading) amended by No. 37/2024 s. 62(1).\n\n","sortOrder":74},{"sectionNumber":"106","sectionType":"section","heading":"Registration of corresponding order after determination of Court","content":"\t106 Registration of corresponding order after determination of Court\n\nS. 106(1) amended by No. 37/2024 s. 62(2).\n\n(1) The County Court registrar must register a corresponding order without variation or with variations as directed by the Court under this Division.\n\nS. 106(2) amended by No. 37/2024 s. 62(2).\n\n(2) The County Court registrar must not register a corresponding order if the Court has determined under this Division that the order is not to be registered.\n\n","sortOrder":75},{"sectionNumber":"107","sectionType":"section","heading":"Period of registration","content":"\t107 Period of registration\n\nS. 107(1) amended by No. 37/2024 s. 63(1).\n\n(1) On registering a corresponding order under this Division, the County Court registrar must specify the day on which the registration ceases to have effect.\n\n(2) The day specified in accordance with subsection (1) is to be—\n\nS. 107(2)(a) amended by No. 37/2024 s. 63(2).\n\n(a) the day on which the corresponding order would cease to have effect in the jurisdiction in which it was made if it were not sooner revoked; or\n\nS. 107(2)(b) amended by No. 37/2024 s. 63(2).\n\n(b) if, under the law of the jurisdiction in which the corresponding order was made, the corresponding order remains in effect for an indefinite period—the day that is 3 years after the day of registration in this State.\n\n","sortOrder":76},{"sectionNumber":"108","sectionType":"section","heading":"Notice and copy to Chief Commissioner","content":"\t108 Notice and copy to Chief Commissioner\n\nS. 108(1) amended by No. 37/2024 s. 64(1).\n\n(1) The County Court registrar must give the Chief Commissioner notice of the registration of a corresponding order and a copy of the registered corresponding order.\n\nS. 108(2) amended by No. 37/2024 s. 64(2).\n\n(2) The notice and copy must be given as soon as practicable after the corresponding order is registered but no later than 7 days after that registration.\n\nS. 109 (Heading) amended by No. 37/2024 s. 65(1).\n\n","sortOrder":77},{"sectionNumber":"109","sectionType":"section","heading":"Service of corresponding order","content":"\t109 Service of corresponding order\n\nS. 109(1) amended by No. 37/2024 s. 65(2).\n\n(1) The Chief Commissioner must cause a copy of a registered corresponding order to be served on the respondent.\n\nS. 109(2) amended by No. 37/2024 s. 65(2).\n\n(2) The copy must be served as soon as practicable after the Chief Commissioner receives a copy of the registered corresponding order but no later than 7 days after that receipt.\n\nS. 110 (Heading) amended by No. 37/2024 s. 66(1).\n\nS. 110 amended by No. 37/2024 s. 66(2).\n\n","sortOrder":78},{"sectionNumber":"110","sectionType":"section","heading":"Commencement of registered corresponding order","content":"\t110 Commencement of registered corresponding order\n\nA registered corresponding order comes into effect in this State on the day on which the order is served on the respondent under section 109.\n\nS. 111 (Heading) amended by No. 37/2024 s. 67(1).\n\n","sortOrder":79},{"sectionNumber":"111","sectionType":"section","heading":"Duration of registered corresponding order","content":"\t111 Duration of registered corresponding order\n\nS. 111(1) amended by No. 37/2024 s. 67(2).\n\n(1) Subject to subsection (2), a registered corresponding order remains in effect in this State until one of the following occurs—\n\nS. 111(1)(a) amended by No. 37/2024 s. 67(2).\n\n(a) the registration of the corresponding order ceases to have effect in accordance with section 107;\n\nS. 111(1)(b) amended by No. 37/2024 s. 67(2).\n\n(b) the registration of the corresponding order is cancelled under section 121.\n\nS. 111(2) amended by No. 37/2024 s. 67(3).\n\n(2) A registered corresponding order is not in effect in this State if it is not in effect in the jurisdiction in which it was made.\n\nS. 112 substituted by No. 37/2024 s. 68.\n\n","sortOrder":80},{"sectionNumber":"112","sectionType":"section","heading":"Effect of registration of corresponding order","content":"\t112 Effect of registration of corresponding order\n\nA registered corresponding order that has come into effect under this Part operates in this State for the purposes of section 31 as if it were a serious crime prevention order made under Part 2.\n\nPt 5 Div. 2 Subdiv. 3 (Heading) amended by No. 37/2024 s. 69.\n\n","sortOrder":81},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Application for variation of registered corresponding order","content":"Subdivision 3—Application for variation of registered corresponding order\n\nS. 113 (Heading) amended by No. 37/2024 s. 70(1).\n\n","sortOrder":82},{"sectionNumber":"113","sectionType":"section","heading":"Application for variation of registered corresponding order","content":"\t113 Application for variation of registered corresponding order\n\nS. 113(1) amended by No. 37/2024 s. 70(2).\n\n(1) The Chief Commissioner may apply to the Court for the variation of a registered corresponding order.\n\nS. 113(2) amended by No. 37/2024 s. 70(2).\n\n(2) The respondent may, with the leave of the Court, apply to the Court for the variation of a registered corresponding order.\n\nS. 113(3) amended by No. 37/2024 s. 70(2).\n\n(3) The Court may grant leave to apply under subsection (2) if the Court is satisfied that there has been a substantial change in circumstances since the corresponding order was made.\n\n","sortOrder":83},{"sectionNumber":"114","sectionType":"section","heading":"Form and content of application","content":"\t114 Form and content of application\n\n(1) An application under section 113 must—\n\n(b) set out the details of the variation sought and the grounds for the variation.\n\n(2) An application must be accompanied by at least one affidavit which addresses the grounds on which the variation is sought.\n\n(3) An application must be served as soon as practicable after the application is made on the following persons—\n\n(a) if the applicant is the Chief Commissioner—the respondent;\n\n(b) if the applicant is the respondent—the Chief Commissioner.\n\n","sortOrder":84},{"sectionNumber":"115","sectionType":"section","heading":"Determination of Court in relation to application for variation","content":"\t115 Determination of Court in relation to application for variation\n\nS. 115(1) amended by No. 37/2024 s. 71(1)(a).\n\n(1) After hearing an application for the variation of a registered corresponding order under section 113, the Court may, if the Court considers it appropriate to do so—\n\nS. 115(1)(a) amended by No. 37/2024 s. 71(1).\n\n(a) direct the County Court registrar to vary the registered corresponding order, if the Court considers the variation is necessary for the effective operation of the order in this State; or\n\n(b) determine that a variation is not to be made; or\n\nS. 115(1)(c) amended by No. 37/2024 s. 71(1).\n\n(c) direct the County Court registrar to cancel the registration of the corresponding order.\n\nS. 115(2) amended by No. 37/2024 s. 71(2).\n\n(2) In making a determination under subsection (1), the Court must have regard to any substantial change in circumstances since the corresponding order was made.\n\nS. 115(3) amended by No. 37/2024 s. 71(2).\n\n(3) Section 105(2) and (3) (with any necessary changes) apply to an application for the variation of a registered corresponding order made under section 113.\n\nS. 115(4) amended by No. 37/2024 s. 71(3).\n\n(4) If the Court directs the County Court registrar to vary a registered corresponding order, the variation takes effect when notice of the variation is served on the respondent under section 118.\n\nS. 116 substituted by No. 37/2024 s. 72.\n\n","sortOrder":85},{"sectionNumber":"116","sectionType":"section","heading":"County Court registrar must give effect to determination of Court","content":"\t116 County Court registrar must give effect to determination of Court\n\nThe County Court registrar must vary a registered corresponding order as directed by the Court under section 115.\n\n","sortOrder":86},{"sectionNumber":"117","sectionType":"section","heading":"Notice and copy of varied order to Chief Commissioner","content":"\t117 Notice and copy of varied order to Chief Commissioner\n\nS. 117(1) amended by No. 37/2024 s. 73(a).\n\n(1) The County Court registrar must give the Chief Commissioner—\n\nS. 117(1)(a) amended by No. 37/2024 s. 73(b).\n\n(a) notice of the variation of the registered corresponding order under section 115; and\n\nS. 117(1)(b) amended by No. 37/2024 s. 73(b).\n\n(b) a copy of the registered corresponding order with the variation.\n\n(2) The notice and copy must be given as soon as practicable after the determination is made by the Court under section 115 but no later than 7 days after that determination.\n\n","sortOrder":87},{"sectionNumber":"118","sectionType":"section","heading":"Service of order with variation","content":"\t118 Service of order with variation\n\nS. 118(1) amended by No. 37/2024 s. 74.\n\n(1) The Chief Commissioner must cause a copy of the registered corresponding order with the variation under section 115 to be served on the respondent.\n\nS. 118(2) amended by No. 37/2024 s. 74.\n\n(2) The copy must be served as soon as practicable after the Chief Commissioner receives a copy of the registered corresponding order with the variation but no later than 7 days after that receipt.\n\nPt 5 Div. 2 Subdiv. 4 (Heading) amended by No. 37/2024 s. 75.\n\nSubdivision 4—Cancellation of registration of corresponding order\n\nS. 119 (Heading) amended by No. 37/2024 s. 76(1).\n\n","sortOrder":88},{"sectionNumber":"119","sectionType":"section","heading":"Application for cancellation of registered corresponding order","content":"\t119 Application for cancellation of registered corresponding order\n\nS. 119(1) amended by No. 37/2024 s. 76(2).\n\n(1) The Chief Commissioner may apply to the Court to cancel the registration of a registered corresponding order.\n\nS. 119(2) amended by No. 37/2024 s. 76(2).\n\n(2) The respondent may, with the leave of the Court, apply to the Court to cancel the registration of a registered corresponding order.\n\nS. 119(3) amended by No. 37/2024 s. 76(2).\n\n(3) The Court may grant leave to apply under subsection (2) if the Court is satisfied that there has been a substantial change in circumstances since the corresponding order was made.\n\n","sortOrder":89},{"sectionNumber":"120","sectionType":"section","heading":"Form and content of application","content":"\t120 Form and content of application\n\n(1) An application under section 119 must—\n\n(b) state the grounds on which the cancellation is sought.\n\n(2) An application must be accompanied by at least one affidavit which addresses the grounds on which the cancellation is sought.\n\n","sortOrder":90},{"sectionNumber":"121","sectionType":"section","heading":"Determination of Court in relation to application for cancellation","content":"\t121 Determination of Court in relation to application for cancellation\n\nS. 121(1) amended by No. 37/2024 s. 77(1)(a).\n\n(1) After hearing an application for the cancellation of the registration of a registered corresponding order under section 119, the Court may, if it considers it appropriate to do so—\n\nS. 121(1)(a) amended by No. 37/2024 s. 77(1).\n\n(a) direct the County Court registrar to cancel the registration of the corresponding order; or\n\nS. 121(1)(b) amended by No. 37/2024 s. 77(1).\n\n(b) if the Court considers that it is reasonably practicable to make variations to the registered corresponding order for its effective operation in this State—determine not to cancel the order and direct the County Court registrar to make those variations; or\n\nS. 121(1)(c) amended by No. 37/2024 s. 77(1)(a).\n\n(c) determine not to cancel the registration of the corresponding order.\n\nS. 121(2) amended by No. 37/2024 s. 77(2).\n\n(2) In making a determination under subsection (1), the Court must have regard to any substantial change in circumstances since the corresponding order was made.\n\nS. 121(3) amended by No. 37/2024 s. 77(3).\n\n(3) If the Court directs the County Court registrar to vary a registered corresponding order, the variation takes effect when notice of the variation is served on the respondent under section 124.\n\nS. 122 substituted by No. 37/2024 s. 78.\n\n","sortOrder":91},{"sectionNumber":"122","sectionType":"section","heading":"County Court registrar must give effect to determination of Court","content":"\t122 County Court registrar must give effect to determination of Court\n\nThe County Court registrar must cancel the registration of, or vary, a registered corresponding order as directed by the Court under section 121.\n\n","sortOrder":92},{"sectionNumber":"123","sectionType":"section","heading":"Notice to Chief Commissioner","content":"\t123 Notice to Chief Commissioner\n\nS. 123(1) amended by No. 37/2024 s. 79(a).\n\n(1) The County Court registrar must give the Chief Commissioner—\n\nS. 123(1)(a) amended by No. 37/2024 s. 79(b).\n\n(a) notice of the cancellation of the registration, or variation, of the registered corresponding order under section 121; and\n\nS. 123(1)(b) amended by No. 37/2024 s. 79(b).\n\n(b) if applicable, a copy of the registered corresponding order with the variation.\n\n(2) The notice must be given as soon as practicable after the determination is made by the Court under section 121 but no later than 7 days after that determination.\n\n","sortOrder":93},{"sectionNumber":"124","sectionType":"section","heading":"Service of notice on respondent","content":"\t124 Service of notice on respondent\n\n(1) The Chief Commissioner must cause the following to be served on the respondent, as applicable—\n\nS. 124(1)(a) amended by No. 37/2024 s. 80.\n\n(a) a copy of the notice of cancellation of the registration, or the variation, of the registered corresponding order under section 121; and\n\nS. 124(1)(b) amended by No. 37/2024 s. 80.\n\n(b) a copy of the registered corresponding order with the variation.\n\n(2) The copy must be served as soon as practicable after the Chief Commissioner receives the notice of cancellation or variation but no later than 7 days after that receipt.\n\nPt 5A (Heading and ss 124A–124Q) inserted by No. 48/2015 s. 5.\n\n","sortOrder":94},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Unlawful association","content":"Part 5A—Unlawful association\n\nDivision 1—Offences\n\nS. 124A inserted by No. 48/2015 s. 5.\n\n","sortOrder":95},{"sectionNumber":"124A","sectionType":"section","heading":"Association with individuals convicted of serious criminal offences prohibited","content":"\t124A Association with individuals convicted of serious criminal offences prohibited\n\nS. 124A(1) amended by No. 37/2024 s. 6(1)(a).\n\n(1) An individual who has been served an unlawful association notice must not associate with an individual specified in that notice (the ***specified individual***).\n\nS. 124A (1)(a)(b) repealed by No. 37/2024 s. 6(1)(b).\n\nPenalty: Imprisonment for 3 years or 360 penalty units or both.\n\nS. 124A(3) amended by No. 37/2024 s. 6(2).\n\n(3) Subsection (1) does not apply if the individual served an unlawful association notice associates with the specified individual and—\n\n(a) those individuals are family members; and\n\n(b) those individuals associate for a purpose that is not an ulterior purpose.\n\nS. 124A(4) amended by No. 37/2024 s. 6(2).\n\n(4) Subsection (1) does not apply if the individual served an unlawful association notice associates with the specified individual in any of the following ways and that association is not for an ulterior purpose—\n\n(a) in the course of lawful employment or the lawful operation of a business;\n\n(b) in the course of participating in education or vocational training;\n\nS. 124A(4)(ba) inserted by No. 37/2024 s. 9(1).\n\n(ba) in the course of doing any of the following while acting as a volunteer—\n\n(i) providing services or performing work in respect of the response to or mitigation of emergencies;\n\n(ii) otherwise performing a role or discharging a responsibility of an agency in accordance with the state emergency management plan;\n\n(iii) training to do a thing, or practising doing a thing, referred to in subparagraph (i) or (ii);\n\n(iv) being on active standby duty;\n\nS. 124A(4)(bb) inserted by No. 37/2024 s. 9(1).\n\n(bb) travelling to or from a place for the purpose of doing a thing referred to in paragraph (ba);\n\nS. 124A(4)(c) amended by No. 37/2024 s. 10(1).\n\n(c) while either or both of them are being provided a health service (including a service specified in subsection (4A) that is also a health service);\n\nS. 124A(4)(ca) inserted by No. 37/2024 s. 10(2).\n\n(ca) while either or both of them are being provided a service specified in subsection (4A);\n\n(d) while either or both of them are being provided legal advice;\n\n(e) while in lawful custody or in the course of complying with an order, requirement or direction imposed by—\n\n(i) a court; or\n\n(ii) the Adult Parole Board; or\n\nS. 124A  \n(4)(e)(iia) inserted by No. 57/2017 s. 46(2).\n\n(iia) the Post Sentence Authority; or\n\nS. 124A  \n(4)(e)(iii) amended by No. 37/2024 s. 105.\n\n(iii) the Secretary to the Department of Justice and Community Safety;\n\n(f) for genuine political purposes, or in lawful protest or industrial action;\n\nSee also section 11.\n\n(g) in accordance with a lawful association authority granted to the individual;\n\n(h) at a gazetted event or gathering.\n\nS. 124A(4A) inserted by No. 37/2024 s. 10(3).\n\n(4A) The following services are specified for the purposes of subsection (4)(ca)—\n\n(a) drug and alcohol treatment services, including rehabilitation services;\n\n(b) services of assistance in relation to—\n\n(i) housing (including services for emergency housing and crisis accommodation); or\n\n(ii) financial matters;\n\n(c) services of assistance for homeless persons;\n\n(d) services of assistance for victims of family violence;\n\n(e) services to address the perpetration of family violence, including services that work with perpetrators to change their behaviour;\n\n(f) any other welfare services, including welfare services involving the supply of food.\n\nS. 124A(4B) inserted by No. 37/2024 s. 11.\n\n(4B) Subsection (1) does not apply if—\n\n(a) the individual served with an unlawful association notice—\n\n(i) is descended from an Aboriginal person or a Torres Strait Islander; and\n\n(ii) identifies as an Aboriginal person or a Torres Strait Islander; and\n\n(iii) is accepted as an Aboriginal person or as a Torres Strait Islander by an Aboriginal or Torres Strait Islander community; and\n\n(b) the association occurs in the course of the individual—\n\n(i) engaging in a cultural practice; or\n\n(ii) performing a cultural obligation; and\n\n(c) the association is not for an ulterior purpose.\n\n(5) In this section—\n\nS. 124A(5) def. of *active standby duty* inserted by No. 37/2024 s. 9(2).\n\n***active standby duty*** has the same meaning as in the **Emergency Management Act 1986**;\n\nS. 124A(5) def. of *agency* inserted by No. 37/2024 s. 9(2).\n\n***agency*** has the same meaning as in the **Emergency Management Act 1986**;\n\nS. 124A(5) def. of *emergency* inserted by No. 37/2024 s. 9(2).\n\n***emergency*** has the same meaning as in the **Emergency Management Act 2013**;\n\nS. 124A(5) def. of *mitigation* inserted by No. 37/2024 s. 9(2).\n\n***mitigation*** has the same meaning as in the **Emergency Management Act 2013**;\n\nS. 124A(5) def. of *response* inserted by No. 37/2024 s. 9(2).\n\n***response*** has the same meaning as in the **Emergency Management Act 2013**;\n\nS. 124A(5) def. of *state emergency management plan* inserted by No. 37/2024 s. 9(2).\n\n***state emergency management plan*** has the same meaning as in the **Emergency Management Act 2013**;\n\n***ulterior purpose*** means—\n\n(a) the purpose to avoid the application of subsection (1); or\n\n(b) the purpose of planning, inciting or committing an offence; or\n\n(c) the purpose of expanding an organised criminal group or criminal network.\n\nS. 124B inserted by No. 48/2015 s. 5.\n\n","sortOrder":96},{"sectionNumber":"124B","sectionType":"section","heading":"Lawful association authority","content":"\t124B Lawful association authority\n\n(1) An individual who has been served an unlawful association notice may apply to the Chief Commissioner for authority to associate with an individual specified in that notice (the ***specified individual***) at an event or gathering (a ***lawful association authority***).\n\n(2) An application must specify—\n\n(a) the applicant's name and address; and\n\n(b) details of the unlawful association notice that applies to the applicant; and\n\n(c) the name of the specified individual with whom the applicant wishes to associate; and\n\n(d) details of the event or gathering at which the applicant wishes to associate with the specified individual; and\n\n(e) the reasons why the applicant wishes to associate with the specified individual at the event or gathering.\n\n(3) On receiving an application, the Chief Commissioner may—\n\n(a) approve the application and grant a lawful association authority to the applicant; or\n\n(b) refuse to approve the application.\n\nS. 124C inserted by No. 48/2015 s. 5.\n\n","sortOrder":97},{"sectionNumber":"124C","sectionType":"section","heading":"Gazetted events or gatherings","content":"\t124C Gazetted events or gatherings\n\nThe Chief Commissioner, by notice published in the Government Gazette, may specify a kind of, or a class of a kind of, event or gathering for the purposes of section 124A(4)(h).\n\nDivision 2—Unlawful association notices\n\nS. 124D inserted by No. 48/2015 s. 5.\n\n","sortOrder":98},{"sectionNumber":"124D","sectionType":"section","heading":"Issue of unlawful association notice","content":"\t124D Issue of unlawful association notice\n\nS. 124D(1) amended by No. 37/2024 s. 31(1).\n\n(1) A senior police officer may issue a notice in respect of an individual who is 18 years old or older if the senior police officer—\n\nS. 124D(1)(a) amended by No. 37/2024 ss 16(1), 31(2).\n\n(a) believes on reasonable grounds that the individual has, on at least one occasion, associated with an eligible offender; and\n\nS. 124D(1)(b) substituted by No. 37/2024 s. 31(3).\n\n(b) is satisfied on reasonable grounds that preventing those individuals from associating with each other is likely—\n\n(i) to prevent or inhibit the establishment, maintenance or expansion of a criminal group or a criminal network; and\n\n(ii) thereby to prevent or inhibit criminal activity; and\n\nS. 124D(1)(c) inserted by No. 37/2024 s. 31(3).\n\n(c) is satisfied on reasonable grounds that the issue of the notice is appropriate in all the circumstances.\n\nS. 124D(2) substituted by No. 37/2024 s. 16(2).\n\n(2) For the purposes of subsection (1), it does not matter whether the association referred to in subsection (1)(a) occurred before the commencement of this section.\n\nS. 124D(2A) inserted by No. 37/2024 s. 31(4).\n\n(2A) In determining, under subsection (1)(c), whether the issue of the notice is appropriate in all the circumstances, the senior police officer must have regard to—\n\n(a) in relation to each offence by reason of which, under section 5, the eligible offender is an eligible offender—\n\n(i) the nature and gravity of the offence; and\n\n(ii) the time that has passed since the offence; and\n\n(b) whether the behaviour of the eligible offender indicates that the eligible offender is involved in a criminal group or a criminal network (and, if so, the extent of that involvement); and\n\n(c) whether the obligations that apply as a result of the issue of the notice are proportionate to the end in pursuit of which the notice is to be issued (as described in subsection (1)(b)(i) and (ii)); and\n\n(d) any other relevant matter.\n\nSee also section 38 of the Charter of Human Rights and Responsibilities, which makes it unlawful for a public authority to act in a way that is incompatible with a human right or, in making a decision, to fail to give proper consideration to a relevant human right.\n\nS. 124D(3) amended by No. 37/2024 s. 16(3).\n\n(3) An unlawful association notice issued under subsection (1) must specify the eligible offender referred to in that subsection as an individual with whom the individual served the notice must not associate.\n\nS. 124DA inserted by No. 37/2024 s. 32.\n\n\t124DA Senior police officer must ask whether individual is an Aboriginal person or a Torres Strait Islander\n\n(1) Subject to subsection (3), the senior police officer who issues an unlawful association notice in respect of an individual must—\n\n(a) inform the individual that the officer must ask the individual whether they are an Aboriginal person or a Torres Strait Islander; and\n\n(b) inform the individual that the reason for asking the question is to ensure that Victoria Police complies with its legal obligation to accurately report on the issue of unlawful association notices in respect of Aboriginal persons and Torres Strait Islanders; and\n\n(c) then ask the individual whether the individual is an Aboriginal person or a Torres Strait Islander.\n\n(2) The senior police officer must give that information and ask that question at the time of issuing the unlawful association notice.\n\n(3) The senior police officer is not required to give that information and ask that question if—\n\n(a) the officer already has information from which it is reasonable to believe that the individual is an Aboriginal person or a Torres Strait Islander; or\n\nA record, on a computerised database maintained for the purposes of Victoria Police, that identifies the person as Aboriginal or a Torres Strait Islander.\n\n(b) the individual has already stated to the officer that they are an Aboriginal person or a Torres Strait Islander.\n\nS. 124E inserted by No. 48/2015 s. 5.\n\n","sortOrder":99},{"sectionNumber":"124E","sectionType":"section","heading":"Further related unlawful association notices","content":"\t124E Further related unlawful association notices\n\nS. 124E(1) amended by No. 37/2024 s. 106(1).\n\n(1) This section applies if a senior police officer issues an unlawful association notice under section 124D(1).\n\nS. 124E(2) amended by No. 37/2024 ss 17(1), 106(2).\n\n(2) Subject to this section, the senior police officer must issue a notice in respect of each eligible offender specified in the notice issued under section 124D(1).\n\n(3) The senior police officer is not required to issue an unlawful association notice under subsection (2) if the officer considers that exceptional circumstances exist such that the issue of an unlawful association notice under that subsection is not required.\n\nS. 124E(4) amended by No. 37/2024 ss 17(1), 106(3).\n\n(4) An unlawful association notice issued under subsection (2) must specify the individual in respect of whom the notice under section 124D(1) was issued as the individual with whom the eligible offender must not associate.\n\nS. 124E(5) amended by No. 37/2024 s. 17(2).\n\n(5) A senior police officer must not issue an unlawful association notice under subsection (2) in respect of an eligible offender who is under 18 years old.\n\nS. 124E(6) amended by No. 37/2024 s. 106(4).\n\n(6) A notice issued under section 124D(1) is not invalidated by reason only of the senior police officer not issuing an unlawful association notice under this section.\n\nS. 124F inserted by No. 48/2015 s. 5.\n\n","sortOrder":100},{"sectionNumber":"124F","sectionType":"section","heading":"Content of unlawful association notices","content":"\t124F Content of unlawful association notices\n\nAn unlawful association notice must—\n\n(a) specify—\n\n(i) the name and address of the individual on whom the notice will be served; and\n\n(ii) the date of issue of the notice; and\n\n(iii) the name of every individual required to be specified under section 124D(3) or 124E(4), as the case requires; and\n\n(iv) the name, rank and place of duty of the senior police officer who issued the notice, or an identifying reference of that officer; and\n\nS. 124F(a)(v) amended by No. 37/2024 s. 33(2).\n\n(v) that the notice remains in effect for 2 years after the date it is issued unless sooner revoked; and\n\n(b) include—\n\n(i) a statement explaining the effect of the notice and section 124A(1); and\n\nS. 124F(b)(ii) amended by No. 37/2024 s. 12.\n\n(ii) information about the exceptions to the offence under section 124A(1) that are set out in section 124A(3), (4) and (4B); and\n\nS. 124F(b)(iii) substituted by No. 37/2024 s. 33(1).\n\n(iii) a statement to the effect that an individual served with an unlawful association notice—\n\n(A) may apply under Division 3 for an internal review of the decision to issue the notice, or a decision to amend it; and\n\n(B) may apply under section 124JA(1) for revocation of the notice; and\n\n(iv) a statement to the effect that an individual served with an unlawful association notice is entitled to apply for a lawful association authority.\n\nS. 124G inserted by No. 48/2015 s. 5.\n\n","sortOrder":101},{"sectionNumber":"124G","sectionType":"section","heading":"When an unlawful association notice takes effect","content":"\t124G When an unlawful association notice takes effect\n\nAn unlawful association notice takes effect on the day it is served on the individual in respect of whom it is issued.\n\nS. 124H inserted by No. 48/2015 s. 5, amended by No. 37/2024 s. 34.\n\n","sortOrder":102},{"sectionNumber":"124H","sectionType":"section","heading":"Duration of an unlawful association notice","content":"\t124H Duration of an unlawful association notice\n\nAn unlawful association notice  remains in effect for 2 years after it is issued unless it is sooner revoked under section 124K, 124KA or 124P.\n\nS. 124I inserted by No. 48/2015 s. 5.\n\n","sortOrder":103},{"sectionNumber":"124I","sectionType":"section","heading":"Service of unlawful association notice","content":"\t124I Service of unlawful association notice\n\nA senior police officer must cause an unlawful association notice to be served on the individual in respect of whom it is issued as soon as practicable after it is issued.\n\nS. 124J inserted by No. 48/2015 s. 5.\n\n","sortOrder":104},{"sectionNumber":"124J","sectionType":"section","heading":"Amendment of unlawful association notice to correct clerical errors or obvious defects","content":"\t124J Amendment of unlawful association notice to correct clerical errors or obvious defects\n\n(1) A senior police officer may amend an unlawful association notice to correct a clerical error or an obvious defect in the notice.\n\n(2) The senior police officer must—\n\n(a) issue an amended unlawful association notice; and\n\nS. 124J(2)(b) substituted by No. 37/2024 s. 106(5).\n\n(b) as soon as practicable after deciding to amend the notice, cause the amended notice to be served on the individual on whom the unlawful association notice referred to in subsection (1) was served.\n\nS. 124J(3) amended by No. 38/2017 s. 82(2).\n\n(3) An amended unlawful association notice must specify and include the things required under section 124F with the necessary amendments.\n\n(4) The period of effect of an unlawful association notice does not change because of the amendments made to it under this section.\n\nS. 124JA inserted by No. 37/2024 s. 35.\n\n\t124JA Application for revocation of unlawful association notice\n\n(1) An individual on whom an unlawful association notice is served may apply to the Chief Commissioner for revocation of the notice.\n\n(2) On receiving an application under subsection (1), the Chief Commissioner must appoint a police officer to determine the application.\n\n(3) A police officer appointed under subsection (2)—\n\n(a) must not be the senior police officer who issued the unlawful association notice or have been substantially involved in the making of the decision to issue the notice; and\n\n(b) must be of a rank that is—\n\n(i) the same as, or above, the rank of the senior police officer who issued the notice; and\n\n(ii) not lower than the rank of inspector.\n\nS. 124K inserted by No. 48/2015 s. 5, substituted by No. 37/2024 s. 36.\n\n\t124K Revocation of unlawful association notice\n\n(1) On an application under section 124JA(1), the senior police officer appointed under section 124JA(2)—\n\n(a) may revoke the unlawful association notice to which the application relates if satisfied that—\n\n(i) there has been a substantial change in circumstances since the unlawful association notice was issued; and\n\n(ii) because of that change, the basis for the notice having been served no longer applies; or\n\n(b) may also revoke the unlawful association notice if satisfied that it is otherwise appropriate to do so; or\n\nThe senior police officer may be satisfied that it is appropriate to revoke the unlawful association notice on compassionate grounds, such as because the individual has a terminal illness.\n\n(c) may refuse the application if not satisfied as described in paragraph (a) or (b).\n\n(2) Additionally, a senior police officer may revoke an unlawful association notice without an application under section 124JA(1).\n\n(3) A senior police officer who revokes an unlawful association notice under subsection (1) or (2) is to do so by written notice in accordance with section 124KB.\n\n(4) As soon as practicable after a senior police officer decides, on an application under section 124JA(1), not to revoke the unlawful association notice to which the application relates, the senior police officer must cause a notice containing the following material to be served on the applicant—\n\n(a) a statement of the decision not to revoke the notice; and\n\n(b) the senior police officer's reasons for deciding not to revoke the notice.\n\nS. 124KA inserted by No. 37/2024 s. 37.\n\n\t124KA Review of related unlawful association notices on revocation\n\n(1) On deciding to revoke an unlawful association notice under section 124K(1) or (2)—\n\n(a) the senior police officer must review each related unlawful association notice and decide whether, in light of the revocation, any of these notices is to be amended or revoked; and\n\n(b) if the senior police officer decides that a related unlawful association notice is to be amended, the officer must—\n\n(i) issue an amended unlawful association notice; and\n\n(ii) cause the amended notice to be served on the individual on whom the related unlawful association notice was served as soon as practicable after the decision; and\n\n(c) if the senior police officer decides that a related unlawful association notice is to be revoked, the officer must revoke the related unlawful association notice.\n\n(2) An amended unlawful association notice issued under subsection (1)(b)(i) must specify and include the things required under section 124F with the necessary amendments.\n\n(3) The period of effect of an unlawful association notice does not change because of the amendments made to it under subsection (1)(b)(i).\n\n(4) A senior police officer who revokes a related unlawful association notice under subsection (1) must do so by written notice in accordance with section 124KB.\n\nS. 124KB inserted by No. 37/2024 s. 37.\n\n\t124KB Notice of revocation of unlawful association notice\n\n(1) A notice under section 124K(3) or 124KA(4) must specify—\n\n(a) the name and address of the individual on whom the revoked unlawful association notice was served; and\n\n(b) appropriate details that identify the revoked unlawful association notice; and\n\n(c) the name, rank and place of duty of the senior police officer issuing the notice, or an identifying reference of that officer; and\n\n(d) the date on which the notice is issued.\n\n(2) As soon as practicable after deciding to revoke an unlawful association notice under section 124K(1) or (2) or section 124KA(1)(c), the senior police officer must cause the notice under that subsection to be served on the individual on whom the unlawful association notice had been served.\n\nS. 124KC inserted by No. 37/2024 s. 37.\n\n\t124KC Application for revocation does not stay effect of unlawful association notice\n\nAn application under section 124JA(1) for the revocation of an unlawful association notice does not stay the effect of the notice.\n\nDivision 3—Internal review of unlawful association notice decisions\n\nS. 124L inserted by No. 48/2015 s. 5.\n\n","sortOrder":105},{"sectionNumber":"124L","sectionType":"section","heading":"Definitions","content":"\t124L Definitions\n\nIn this Division—\n\nS. 124L def. of *original decision maker* amended by No. 37/2024 s. 21(a).\n\n***original decision maker*** means the senior police officer who made the decision to issue or amend an unlawful association notice in relation to which an application has been made under section 124M(1) or (4);\n\nS. 124L def. of *reviewable decision* repealed by No. 37/2024 s. 21(b).\n\nS. 124L def. of *reviewing officer* amended by No. 37/2024 s. 21(c).\n\n***reviewing officer*** means the police officer appointed under section 124N(1).\n\nS. 124M inserted by No. 48/2015 s. 5, substituted by No. 37/2024 s. 22.\n\n","sortOrder":106},{"sectionNumber":"124M","sectionType":"section","heading":"Application for internal review","content":"\t124M Application for internal review\n\n(1) An individual on whom an unlawful association notice is served may apply to the Chief Commissioner for a review of the decision to issue the notice.\n\n(2) The individual may apply for a review of the decision to issue the notice even if the notice has since been amended.\n\n(3) An application under subsection (1) must be made within the applicable period after—\n\n(a) if the notice has been amended, the individual was served the amended unlawful association notice; or\n\n(b) otherwise, after the individual was served the unlawful association notice.\n\n(4) Additionally, an individual on whom an amended unlawful association notice is issued under section 124J may apply to the Chief Commissioner for a review of the decision to amend the notice.\n\n(5) An application under subsection (4) must be made within the applicable period after the individual was served the amended unlawful association notice.\n\n(6) An application under subsection (1) or (4) must be in the form approved (in writing) by the Chief Commissioner.\n\n(7) In this section, the ***applicable period*** within which an application under subsection (1) or (4) must be made is—\n\n(a) 28 days; or\n\n(b) if the period for making that application has been extended under section 124MA(3), 56 days.\n\nS. 124MA inserted by No. 37/2024 s. 23.\n\n\t124MA Chief Commissioner may extend time within which an application for internal review may be made\n\n(1) An individual on whom either an unlawful association notice or an amended unlawful association notice is served may apply to the Chief Commissioner for an extension of the period within which the individual may apply for a review under section 124M(1) or (4).\n\n(2) An application under subsection (1) must be made within 28 days after the date on which the unlawful association notice or amended unlawful association notice is served on the individual.\n\n(3) On an application under subsection (1), the Chief Commissioner must, subject to subsection (4), extend the period within which the individual may apply for a review under section 124M(1) or (4).\n\n(4) The Chief Commissioner must not extend a period that the Chief Commissioner has already extended.\n\n(5) The Chief Commissioner may extend a period before or after it expires.\n\nS. 124N inserted by No. 48/2015 s. 5.\n\n","sortOrder":107},{"sectionNumber":"124N","sectionType":"section","heading":"Decision on internal review","content":"\t124N Decision on internal review\n\nS. 124N(1) amended by No. 37/2024 s. 24(1).\n\n(1) On receiving an application under section 124M(1) or (4), the Chief Commissioner must appoint a police officer to review the decision in respect of which the application is made.\n\n(2) The reviewing officer—\n\nS. 124N(2)(a) amended by No. 37/2024 s. 24(2).\n\n(a) must not be the original decision maker or have been substantially involved in the making of the decision referred to in subsection (1); and\n\nS. 124N(2)(b) substituted by No. 37/2024 s. 24(3).\n\n(b) must be of a rank that is—\n\n(i) the same as, or above, the rank of the original decision maker; and\n\n(ii) not lower than the rank of inspector.\n\n(3) The reviewing officer must, on review, make a fresh decision—\n\n(a) that affirms or amends the decision of the original decision maker to issue or amend the unlawful association notice; or\n\n(b) that sets aside the decision of the original decision maker to issue or amend the unlawful association notice and substitutes another decision that the reviewing officer considers appropriate.\n\nS. 124N(4) amended by No. 37/2024 s. 24(4).\n\n(4) The reviewing officer must make a fresh decision within 28 days after the application is made.\n\n(5) Without limiting subsection (3), the reviewing officer, on review, must consider all the information, material and evidence before the original decision maker.\n\nS. 124N(6) substituted by No. 37/2024 s. 24(5).\n\n(6) As soon as practicable after making the fresh decision, the reviewing officer must cause a notice containing the material specified in subsection (7) to be served on—\n\n(a) the applicant; and\n\n(b) each person specified in the unlawful association notice.\n\nS. 124N(7) inserted by No. 37/2024 s. 24(5).\n\n(7) The material to be contained in the notice is—\n\n(a) a statement of the fresh decision; and\n\n(b) the reviewing officer's reasons for the fresh decision.\n\nS. 124O inserted by No. 48/2015 s. 5.\n\n","sortOrder":108},{"sectionNumber":"124O","sectionType":"section","heading":"Amendment of unlawful association notice following review","content":"\t124O Amendment of unlawful association notice following review\n\n(1) This section applies if—\n\n(a) a reviewing officer decides under section 124N to amend or set aside the decision of an original decision maker and substitute a different decision; and\n\n(b) the effect of that decision is that the unlawful association notice be amended.\n\n(2) The reviewing officer must—\n\n(a) issue an amended unlawful association notice; and\n\nS. 124O(2)(b) substituted by No. 37/2024 s. 106(6).\n\n(b) as soon as practicable after making the decision, cause the amended notice to be served on the individual on whom the unlawful association notice referred to in subsection (1)(b) was served.\n\nS. 124O(2A) inserted by No. 37/2024 s. 25(1).\n\n(2A) Additionally—\n\n(a) the reviewing officer must review each related unlawful association notice and decide whether, in light of the amendment referred to in subsection (1)(b), any of these notices is to be amended; and\n\n(b) if the officer decides that a related unlawful association notice is to be amended, the officer must—\n\n(i) issue an amended unlawful association notice; and\n\n(ii) cause the amended notice to be served on the individual on whom the related unlawful association notice was served as soon as practicable after the decision.\n\nS. 124O(3) amended by No. 37/2024 s. 25(2).\n\n(3) An amended unlawful association notice issued under subsection (2)(a) or (2A)(b)(i) must specify and include the things required under section 124F with the necessary amendments.\n\n(4) The period of effect of an unlawful association notice does not change because of the amendments made to it under this section.\n\nS. 124P inserted by No. 48/2015 s. 5.\n\n","sortOrder":109},{"sectionNumber":"124P","sectionType":"section","heading":"Revocation of unlawful association notice following review","content":"\t124P Revocation of unlawful association notice following review\n\n(1) This section applies if—\n\n(a) a reviewing officer decides under section 124N to set aside the decision of an original decision maker and substitute a different decision; and\n\n(b) the effect of that decision is that the unlawful association notice be revoked.\n\n(2) The reviewing officer, by written notice, must revoke the unlawful association notice.\n\n(3) In addition, the reviewing officer must review any related unlawful association notice and if necessary, by written notice, must revoke that notice.\n\n(4) A notice under subsection (2) or (3) must specify—\n\n(a) the name and address of the individual on whom the revoked unlawful association notice was served; and\n\n(b) appropriate details that identify the revoked unlawful association notice; and\n\n(c) the name, rank and place of duty of the reviewing officer issuing the notice, or an identifying reference of that officer; and\n\n(d) the date on which the notice is issued.\n\n(5) The reviewing officer must cause a notice under subsection (2) or (3) to be served on the individual on whom the revoked unlawful association notice was served as soon as practicable after the decision.\n\nS. 124P(6) repealed by No. 37/2024 s. 26.\n\nS. 124Q inserted by No. 48/2015 s. 5, amended by No. 37/2024 s. 27.\n\n","sortOrder":110},{"sectionNumber":"124Q","sectionType":"section","heading":"Application for internal review does not stay effect of unlawful association notice","content":"\t124Q Application for internal review does not stay effect of unlawful association notice\n\nAn application under section 124M(1) or (4) does not stay the effect of the unlawful association notice issued or amended under the decision that is the subject of an application under that provision.\n\nPt 5A Div. 4 (Headings and ss 124R–124ZM) inserted by No. 37/2024 s. 29.\n\nDivision 4—Oversight by the IBAC\n\nSubdivision 1—Functions and powers of the IBAC\n\nS. 124R inserted by No. 37/2024 s. 29.\n\n","sortOrder":111},{"sectionNumber":"124R","sectionType":"section","heading":"Functions of the IBAC","content":"\t124R Functions of the IBAC\n\nThe IBAC has the following functions under this Division—\n\n(a) to monitor—\n\n(i) the exercise of powers conferred on the Chief Commissioner and other members of Victoria Police personnel by the unlawful association provisions; and\n\n(ii) the performance of the duties and functions conferred on the Chief Commissioner and other members of Victoria Police personnel by the unlawful association provisions;\n\n(b) to monitor the content of, and compliance with, police procedures regarding unlawful association;\n\n(c) to monitor the impact of the scheme for which this Part provides, including the impact of—\n\non persons referred to in section 124ZD(3)(c)(iv);\n\n(d) to receive and consider reports given by the Chief Commissioner under this Division;\n\n(e) to periodically review certain decisions relating to unlawful association notices;\n\n(f) to report to the Attorney-General on various matters related to the unlawful association provisions.\n\nS. 124S inserted by No. 37/2024 s. 29.\n\n","sortOrder":112},{"sectionNumber":"124S","sectionType":"section","heading":"IBAC may request or require answers, documents and information","content":"\t124S IBAC may request or require answers, documents and information\n\n(1) For the purpose of performing the IBAC's functions under this Division, the IBAC—\n\n(a) may request a member of Victoria Police personnel to do any of the following—\n\n(i) answer a question;\n\n(ii) produce a document to the IBAC;\n\n(iii) give information to the IBAC; and\n\n(b) may give a member of Victoria Police personnel a written direction requiring the member to do a thing referred to in paragraph (a) within a time specified in the direction.\n\nSee sections 124ZF, 124ZG, 124ZH and 124ZI in relation to a requirement under this subsection.\n\n(2) Within 3 days after giving a direction under subsection (1)(b), the IBAC must give a copy of the direction to Integrity Oversight Victoria.\n\nS. 124T inserted by No. 37/2024 s. 29.\n\n","sortOrder":113},{"sectionNumber":"124T","sectionType":"section","heading":"Powers of entry and inspection","content":"\t124T Powers of entry and inspection\n\nAfter notifying the Chief Commissioner of the intended entry, the IBAC may—\n\n(a) at any time, enter premises occupied by Victoria Police; and\n\n(b) at any time, access, inspect or copy a document that relates to the scheme for which this Part provides; and\n\n(c) do anything that it is necessary or convenient to do to enable the IBAC to exercise a power referred to in paragraph (a) or (b).\n\nS. 124U inserted by No. 37/2024 s. 29.\n\n","sortOrder":114},{"sectionNumber":"124U","sectionType":"section","heading":"The IBAC may recommend that Chief Commissioner take action","content":"\t124U The IBAC may recommend that Chief Commissioner take action\n\n(1) If, in the course of the performance of its functions under this Division, the IBAC considers that it would be appropriate for the Chief Commissioner to take a certain action, the IBAC may give the Chief Commissioner a written recommendation to take that action.\n\n(2) The Chief Commissioner must give a written response to the IBAC's recommendation within 45 days after receiving the recommendation.\n\n(3) The written response must set out—\n\n(a) whether the Chief Commissioner accepts the recommendation; and\n\n(b) the reasons for accepting, or not accepting, the recommendation.\n\n(4) If the Chief Commissioner accepts the recommendation, the Chief Commissioner must take the recommended action within a reasonable time.\n\nSubdivision 2—Review of unlawful association notices\n\nS. 124V inserted by No. 37/2024 s. 29.\n\n","sortOrder":115},{"sectionNumber":"124V","sectionType":"section","heading":"The IBAC must review notices every quarter","content":"\t124V The IBAC must review notices every quarter\n\n(1) As soon as possible after the end of each quarter of each year, the IBAC must conduct a review, in accordance with this Subdivision, of the unlawful association notices that were in effect at any time during that quarter.\n\n(2) For the purposes of subsection (1), the quarters of a year are—\n\n(a) the period of 3 months beginning on 1 January; and\n\n(b) each subsequent period of 3 months.\n\nS. 124W inserted by No. 37/2024 s. 29.\n\n","sortOrder":116},{"sectionNumber":"124W","sectionType":"section","heading":"Review may be of only a proportion of notices","content":"\t124W Review may be of only a proportion of notices\n\n(1) The IBAC must decide whether a review under section 124V is to be a review of only a proportion of the unlawful association notices referred to in that section that were in effect at any time during the period under review.\n\n(2) If the IBAC decides to review only a proportion of those unlawful association notices, the IBAC must—\n\n(a) select the unlawful association notices to be reviewed; and\n\n(b) give the Chief Commissioner a written notice identifying those notices.\n\n(3) In selecting unlawful association notices under subsection (2)(a), the IBAC—\n\n(a) must have regard to—\n\n(i) the number of notices that were in effect at any time during the period under review; and\n\n(ii) the need for the selected notices to constitute a representative sample of the notices that were in effect at any time during the period under review; and\n\n(iii) the need for the selection of the notices to enable a review that can appropriately scrutinise the operation of the scheme for which this Part provides; and\n\n(iv) the need to detect whether that scheme is operating inappropriately, including by disproportionately affecting Aboriginal persons and Torres Strait Islanders; and\n\n(v) the results of previous reviews in respect of previous periods; and\n\n(vi) relevant risks or issues that have arisen in the course of the exercise of powers under section 124T; and\n\n(b) may have regard to any other matter the IBAC considers relevant.\n\n(4) If the IBAC decides not to review only a proportion of the unlawful association notices in conducting a review under section 124V, the IBAC must give the Chief Commissioner a written notice informing the Chief Commissioner of that decision.\n\n(5) On receiving a written notice under subsection (2)(b) or (4), the Chief Commissioner must allow the IBAC access to all information that relates to the unlawful association notices that are to be reviewed.\n\nS. 124X inserted by No. 37/2024 s. 29.\n\n","sortOrder":117},{"sectionNumber":"124X","sectionType":"section","heading":"How notice is to be reviewed","content":"\t124X How notice is to be reviewed\n\nIn conducting a review under section 124V in respect of an unlawful association notice referred to in that section, the IBAC must assess whether the decisions made by members of Victoria Police personnel with respect to that notice (whether during the period under review or otherwise)—\n\n(a) complied with the unlawful association provisions; and\n\n(b) complied with the police procedures regarding unlawful association; and\n\n(c) should have been made in the circumstances.\n\nSubdivision 3—Reports laid before Parliament\n\nS. 124Y inserted by No. 37/2024 s. 29.\n\n","sortOrder":118},{"sectionNumber":"124Y","sectionType":"section","heading":"Annual report","content":"\t124Y Annual report\n\n(1) Subject to section 124ZA, the IBAC must give the Attorney-General a written report in accordance with this section as soon as practicable after the end of each calendar year.\n\nSection 124ZA requires the IBAC to first give an advance copy of the report to the Chief Commissioner, and give the Chief Commissioner a reasonable opportunity to consider whether any information in the report ought to be excluded under subsection (5).\n\n(2) In a report under subsection (1) following a particular year, the IBAC must address the following—\n\n(a) the exercise, during that year, of powers conferred on the Chief Commissioner and other members of Victoria Police personnel by the unlawful association provisions;\n\n(b) the performance, during that year, of the duties and functions conferred on the Chief Commissioner and other members of Victoria Police personnel by the unlawful association provisions;\n\n(c) the impact of the scheme for which this Part provides, including the impact of—\n\non persons referred to in section 124ZD(3)(c)(iv).\n\n(3) In a report under subsection (1), the IBAC may also address any other matter—\n\n(a) that relates to the IBAC's functions and powers under this Division; and\n\n(b) that the IBAC considers it appropriate to report on.\n\n(4) Without limiting subsection (3), the IBAC may include, in a report under subsection (1)—\n\n(a) the recommendations given under section 124U(1) during the year to which the report relates; and\n\n(b) the responses received under section 124U(3) during that year; and\n\n(c) recommendations to improve the operation of this Part.\n\n(5) The IBAC must exclude information from a report under subsection (1) if satisfied (whether on the advice of the Chief Commissioner under section 124ZA or otherwise) that inclusion of the information in the report could—\n\n(a) prejudice—\n\n(i) a criminal investigation; or\n\n(ii) a criminal proceeding; or\n\n(iii) any other legal proceeding; or\n\n(iv) an investigation, inquiry or other process of an integrity body; or\n\n(b) compromise the operational activities or methodologies of—\n\n(i) an Australian law enforcement agency; or\n\n(ii) an integrity body; or\n\n(iii) an intelligence agency; or\n\n(c) disclose a person's identity or location if it is not in the public interest to do so; or\n\n(d) compromise a person's safety.\n\nS. 124Z inserted by No. 37/2024 s. 29.\n\n","sortOrder":119},{"sectionNumber":"124Z","sectionType":"section","heading":"Special report","content":"\t124Z Special report\n\n(1) Subject to section 124ZA, the IBAC may give the Attorney-General a written report in accordance with this section at any time.\n\nSection 124ZA requires the IBAC to first give an advance copy of the report to the Chief Commissioner, and give the Chief Commissioner a reasonable opportunity to consider whether any information in the report ought to be excluded under subsection (4).\n\n(2) In a report under subsection (1), the IBAC may address the following—\n\n(a) the exercise of powers conferred on the Chief Commissioner and other members of Victoria Police personnel by the unlawful association provisions;\n\n(b) the performance of the duties and functions conferred on the Chief Commissioner and other members of Victoria Police personnel by the unlawful association provisions;\n\n(c) the impact of the scheme for which this Part provides, including the impact of—\n\non persons referred to in section 124ZD(3)(c)(iv);\n\n(d) a recommendation given under section 124U(1);\n\n(e) a response received under section 124U(3);\n\n(f) any other matter—\n\n(i) that relates to the IBAC's functions and powers under this Division; and\n\n(ii) that the IBAC considers it appropriate to report on.\n\n(3) Without limiting subsection (2)(f), the IBAC may include, in a report under subsection (1), recommendations to improve the operation of this Part.\n\n(4) The IBAC must exclude information from a report under subsection (1) if satisfied (whether on the advice of the Chief Commissioner under section 124ZA or otherwise) that inclusion of the information in the report could do a thing referred to in section 124Y(5).\n\nS. 124ZA inserted by No. 37/2024 s. 29.\n\n\t124ZA The IBAC to give advance copy of report to Chief Commissioner\n\n(1) Before the IBAC gives a report to the Attorney-General under section 124Y or 124Z, the IBAC must—\n\n(a) give an advance copy of the report to the Chief Commissioner; and\n\n(b) give the Chief Commissioner a reasonable opportunity to consider whether the report contains any information the inclusion of which could do a thing referred to in section 124Y(5).\n\n(2) The Chief Commissioner must advise the IBAC of any information in the report if, in the opinion of the Chief Commissioner, the inclusion of that information could do a thing referred to in section 124Y(5).\n\nS. 124ZB inserted by No. 37/2024 s. 29.\n\n\t124ZB Report to be laid before Parliament\n\nThe Attorney-General must cause a report that is given by the IBAC under section 124Y or 124Z to be laid before each House of the Parliament within 14 sitting days of that House after receiving the report.\n\nSubdivision 4—Record keeping and reporting by Chief Commissioner\n\nS. 124ZC inserted by No. 37/2024 s. 29.\n\n\t124ZC Chief Commissioner to keep records\n\n(1) The Chief Commissioner must take all reasonable steps to ensure that the following records are kept—\n\n(a) a record of each decision to issue an unlawful association notice, including the reasons for each decision;\n\n(b) a record of each unlawful association notice issued;\n\n(c) a record of how and when each unlawful association notice that was issued was served;\n\n(d) a record of each decision under section 124E(3), including a record of the exceptional circumstances on which the decision was based;\n\nSection 124E(3) provides that a senior police officer who would otherwise be required to issue a further related unlawful association notice under section 124E(2) is not required to do so if the officer considers that certain exceptional circumstances exist.\n\n(e) a record of each decision made on an internal review under section 124N(3), including the reasons for each decision;\n\n(f) any document that relates to an unlawful association notice and that was provided by or on behalf of the individual in respect of whom the notice was issued;\n\n(g) all police procedures regarding unlawful association;\n\n(h) the prescribed records (if any).\n\n(2) Additionally, the Chief Commissioner must take all reasonable steps to ensure that the following documents are kept—\n\n(a) each document containing information on which a decision to issue an unlawful association notice was based;\n\n(b) each document containing information on which a decision under section 124E(3) was based;\n\n(c) each document containing information on which a decision under section 124N(3) was based.\n\n(3) It is sufficient compliance with subsection (1) or (2) if a copy of a document is kept.\n\nS. 124ZD inserted by No. 37/2024 s. 29.\n\n\t124ZD Chief Commissioner must report on unlawful association notices\n\n(1) As soon as possible after the end of each quarter of each year, the Chief Commissioner must give the IBAC a written report in respect of that quarter in accordance with this section.\n\n(2) For the purposes of subsection (1), the quarters of a year are—\n\n(a) the period of 3 months beginning on 1 January; and\n\n(b) each subsequent period of 3 months.\n\n(3) A report in respect of a particular quarter must set out the following information—\n\n(a) the number of unlawful association notices issued under section 124D(1) during that quarter;\n\n(b) the number of unlawful association notices issued under section 124E(2) during that quarter;\n\n(c) in relation to each unlawful association notice issued during that quarter—\n\n(i) whether it was issued under section 124D(1) or 124E(2); and\n\n(ii) the day on which the notice came into effect; and\n\n(iii) the name, age, gender and ethnicity of the individual in respect of whom the notice was issued; and\n\n(iv) whether the individual in respect of whom the notice was issued—\n\n(A) is identified as an Aboriginal person or a Torres Strait Islander in records held by Victoria Police; or\n\n(B) was a homeless person (within the meaning of the **Magistrates' Court Act 1989**) at the time the notice was served; or\n\n(C) is a victim of family violence within the meaning of the **Family Violence Protection Act 2008**; or\n\n(D) has a cognitive, mental or physical impairment; and\n\n(v) whether an application has been made under section 124M for internal review in respect of the notice (and if so, the outcome of each application); and\n\n(vi) whether an application has been made under section 124MA for an extension of time within which an application for internal review may be made (and if so, the outcome of each application);\n\n(d) the number of unlawful association notices that were amended under each of the following provisions during that quarter—\n\n(i) section 124J;\n\n(ii) section 124KA(1)(b)(i);\n\n(iii) section 124O(2);\n\n(iv) section 124O(2A)(b)(i);\n\n(e) the number of unlawful association notices that were revoked under each of the following provisions during that quarter—\n\n(i) section 124K(1);\n\n(ii) section 124K(2);\n\n(iii) section 124KA(1)(c);\n\n(iv) section 124P(2);\n\n(v) section 124P(3);\n\n(f) the number of applications made during that quarter under section 124M for an internal review;\n\n(g) the number of applications made during that quarter under section 124MA for an extension of time within which an application for internal review may be made;\n\n(h) the number of unlawful association notices that, during that quarter—\n\n(i) were held to be invalid by a court; or\n\n(ii) were otherwise rendered unenforceable by a decision of a court;\n\n(i) the number of unlawful association notices that are currently the subject of applications for judicial review that have not yet been determined;\n\n(j) the number of decisions under section 124E(3) during that quarter, including a record of the exceptional circumstances on which each decision was based;\n\nSection 124E(3) provides that a senior police officer who would otherwise be required to issue a further related unlawful association notice under section 124E(2) is not required to do so if the officer considers that certain exceptional circumstances exist.\n\n(k) the number of persons charged with an offence against section 124A(1) during that quarter;\n\n(l) in relation to each charge referred to in paragraph (i)—\n\n(i) the name, age, gender and ethnicity of the accused; and\n\n(ii) whether the accused—\n\n(A) is identified as an Aboriginal person or a Torres Strait Islander in records held by Victoria Police; or\n\n(B) was a homeless person within the meaning of the **Magistrates' Court Act 1989** when charged; or\n\n(C) is a victim of family violence within the meaning of the **Family Violence Protection Act 2008**; or\n\n(D) had a cognitive, mental or physical impairment when charged; and\n\n(iii) if there has been an outcome in respect of the charge (including because it has been withdrawn or the prosecution for the charge has been discontinued), details of that outcome; and\n\n(iv) if the charge was withdrawn or discontinued—\n\n(A) the reason for the withdrawal or discontinuance; and\n\n(B) the amount of time between the offence being charged and the charge being withdrawn or discontinued; and\n\n(v) if there has not yet been an outcome in respect of the charge, details of the stage that the proceeding in respect of the charge has reached;\n\n(m) if the IBAC has notified the Chief Commissioner under subsection (4) that additional information is required, that information;\n\n(n) the prescribed information (if any).\n\n(4) If the IBAC considers that it would be assisted in the performance of its functions under this Division if additional information were included in a report under subsection (1), the IBAC may give the Chief Commissioner a written notice identifying that information.\n\n(5) A written notice under subsection (4)—\n\n(a) may identify the additional information either by specifying the information itself or a class of information; and\n\n(b) may specify that it applies only in relation to the report in respect of a particular period.\n\nSubdivision 5—Offences\n\nS. 124ZE inserted by No. 37/2024 s. 29.\n\n\t124ZE Offence to hinder or obstruct an IBAC officer\n\nA person must not, without reasonable excuse, hinder or obstruct an IBAC Officer who is performing a function of the IBAC, or exercising a power of the IBAC, under this Division.\n\nS. 124ZF inserted by No. 37/2024 s. 29.\n\n\t124ZF Compliance with direction or requirement\n\nA person must not, without reasonable excuse, refuse or fail to comply with a direction or requirement made of the person in the exercise, by an IBAC Officer, of a power of the IBAC under this Division.\n\nS. 124ZG inserted by No. 37/2024 s. 29.\n\n\t124ZG Statement which is false or misleading\n\nA person must not wilfully make a statement that the person knows to be false or misleading in a material particular or mislead or attempt to mislead the IBAC, or an IBAC Officer, in the exercise of a power of the IBAC under this Division.\n\nSubdivision 6—Miscellaneous\n\nS. 124ZH inserted by No. 37/2024 s. 29.\n\n\t124ZH Privilege against self-incrimination abrogated\n\n(1) A person is not excused from giving any answer, document or information in response to a direction, requirement or request under this Division on the ground that the giving of the answer, document or information might tend to incriminate the person or make the person liable to a penalty.\n\n(2) Any answer, document or information given in response to a direction, requirement or request under this Division is not admissible in evidence against the person giving the information, document or answer before any court or person acting judicially, except in—\n\n(a) a proceeding for perjury or giving false information; or\n\n(b) a proceeding for a breach of discipline, within the meaning of the **Victoria Police Act 2013**, by a member of Victoria Police personnel; or\n\n(c) a disciplinary process or action within the meaning of the **Independent Broad-based Anti-corruption Commission Act 2011**.\n\n(3) Any evidence obtained as a direct or indirect consequence of any answer, document or information given in response to a direction, requirement or request under this Division is not admissible against the person giving the answer, document or information in a criminal proceeding or a proceeding for the imposition of a penalty brought against that person.\n\nS. 124ZI inserted by No. 37/2024 s. 29.\n\n\t124ZI Certain other immunities and privileges abrogated\n\n(1) If the Chief Commissioner, or another member of Victoria Police personnel, is directed, required or requested under this Division to give any answer, document or information to the IBAC—\n\n(a) that person is not entitled to assert public interest immunity, legal professional privilege or client legal privilege in response to that direction, requirement or request; and\n\n(b) that immunity and those privileges are each abrogated to the extent of that direction, requirement or request; and\n\n(c) every obligation on that person to maintain secrecy, or any other restriction on the disclosure of information, imposed by or under an Act or rule of law—\n\n(i) is overridden; and\n\n(ii) does not oblige that person not to comply with the direction, requirement or request.\n\n(2) A member of Victoria Police personnel is not subject to any criminal, civil, administrative or disciplinary proceeding or action only because the member has not maintained secrecy or complied with a restriction on the disclosure of information in the circumstances referred to in subsection (1).\n\n(3) This section does not apply to information, documents and answers that are subject to Cabinet confidentiality.\n\nS. 124ZJ inserted by No. 37/2024 s. 29.\n\n\t124ZJ Chief Commissioner to ensure the IBAC is given reasonable assistance\n\n(1) The Chief Commissioner must give the IBAC any assistance that the IBAC reasonably requires to enable the IBAC to perform the IBAC's functions under this Division.\n\n(2) The Chief Commissioner must ensure that every member of Victoria Police personnel gives the IBAC any assistance that the IBAC reasonably requires to enable the IBAC to perform the IBAC's functions under this Division.\n\nS. 124ZK inserted by No. 37/2024 s. 29.\n\n\t124ZK Chief Commissioner to notify the IBAC of certain notices and applications\n\nThe Chief Commissioner must notify the IBAC if—\n\n(a) an unlawful association notice is issued in respect of a member of Victoria Police personnel; or\n\n(b) an application is made for a serious crime prevention order in respect of a member of Victoria Police personnel.\n\nS. 124ZL inserted by No. 37/2024 s. 29.\n\n\t124ZL Exemption from Freedom of Information Act 1982\n\n(1) The **Freedom of Information Act 1982** does not apply to a document that is in the possession of any person or body to the extent to which the document discloses information that relates to the performance of the duties and functions or the exercise of the powers of the IBAC under this Division.\n\n(2) In this section—\n\n***document*** has the same meaning as in the **Freedom of Information Act 1982**.\n\nS. 124ZM inserted by No. 37/2024 s. 29.\n\n\t124ZM Non-production of documents and other things in applicable proceeding, process or action\n\n(1) A protected person is not compellable to produce, or permit inspection of, any document or other thing in any applicable proceeding, process or action if—\n\n(a) the protected person has created the document or thing in the performance of the duties and functions or the exercise of the powers of the protected person or the IBAC under this Division; or\n\n(b) the document or thing has come into the protected person's possession or control in the performance of the duties and functions or the exercise of the powers of the protected person or the IBAC under this Division.\n\n(2) A written certificate of the IBAC that a document or thing is a document or thing to which subsection (1)(a) or (b) applies is evidence of that fact.\n\n(3) In this section—\n\n***applicable proceeding, process or action*** means—\n\n(a) any legal proceeding other than a criminal proceeding; or\n\n(b) any proceeding of any tribunal, authority or other person having power to require the production of documents or the answering of questions, other than Integrity Oversight Victoria; or\n\n(c) any disciplinary process or action;\n\n***protected person*** has the same meaning as in section 45 of the **Independent Broad‑based Anti-corruption Commission Act 2011**.\n\nPt 5B (Headings and ss 124ZN–124ZZC) inserted by No. 37/2024 s. 93.\n\nPart 5B—Insignia of certain organisations\n\nDivision 1—Offence to publicly display insignia of Part 5B organisation\n\nS. 124ZN inserted by No. 37/2024 s. 93.\n\n\t124ZN Person must not publicly display insignia of Part 5B organisation\n\nAn individual who is 18 years old or older, or a body corporate, must not publicly display a mark if—\n\n(a) the mark is an insignia of an organisation; and\n\n(b) the individual or body corporate knows or ought reasonably to know that the mark is an insignia of that organisation; and\n\n(c) that organisation is a Part 5B organisation; and\n\n(d) if the regulations prescribe a mark in respect of that organisation, the mark referred to in paragraph (a) either—\n\n(i) is a prescribed mark; or\n\n(ii) consists of \"1%\" or \"1%er\".\n\nPenalty: In the case of an individual, 60 penalty units;\n\nIn the case of a body corporate, 300 penalty units.\n\n**Notes**\n\n1 ***Publicly display*** is defined in section 8A.\n\n2 Exceptions apply to this offence. See sections 124ZO, 124ZP and 124ZQ.\n\nS. 124ZO inserted by No. 37/2024 s. 93.\n\n\t124ZO Exception—insignia publicly displayed in connection with Part 5B organisation\n\nA person does not contravene section 124ZN if the public display of the mark was engaged in reasonably and in good faith—\n\n(a) for a genuine academic or educational purpose; or\n\n(b) in the performance, exhibition or distribution of a work of art; or\n\n(c) in making or publishing a fair and accurate report of any event or matter; or\n\n(d) by a member or officer of—\n\n(i) an Australian law enforcement agency; or\n\n(ii) an integrity body; or\n\n(iii) an intelligence agency—\n\nin the performance of the member or officer's duties; or\n\n(e) for the purposes of the administration of justice; or\n\n(f) in opposition to the criminal activity of the organisation of which the mark is an insignia.\n\nS. 124ZP inserted by No. 37/2024 s. 93.\n\n\t124ZP Exception—insignia publicly displayed not in connection with Part 5B organisation\n\nA person does not contravene section 124ZN if the public display of the mark was engaged in reasonably and in good faith and not for any of the following purposes—\n\n(a) to identify the Part 5B organisation of which the mark is an insignia;\n\n(b) to denote that Part 5B organisation;\n\n(c) to indicate membership of that Part 5B organisation;\n\n(d) to indicate another association with that Part 5B organisation.\n\nS. 124ZQ inserted by No. 37/2024 s. 93.\n\n\t124ZQ Exception—insignia as a tattoo\n\nAn individual does not contravene section 124ZN by publicly displaying a mark that is inscribed on the individual's body by means of tattooing or other like process.\n\nDivision 2—Directions to cease public displays\n\nS. 124ZR inserted by No. 37/2024 s. 93.\n\n\t124ZR Police officer may direct person to cease public display of insignia\n\n(1) A police officer may give an individual who is 18 years old or older, or a body corporate, a direction under this section if the police officer reasonably believes that the individual or body corporate is committing an offence against section 124ZN by publicly displaying a mark.\n\n(2) A direction under this section requires the person to whom it is given to cease the public display of the mark.\n\n(3) A police officer who gives a direction under this section must specify in the direction a reasonable time within which the public display must cease.\n\n(4) A police officer who gives a direction under this section may do so orally or in writing.\n\n(5) A police officer who gives a direction under this section in writing must identify in the direction the person to whom the direction is given.\n\n(6) A direction purportedly given under this section to an individual who is under 18 years old is of no effect.\n\nS. 124ZS inserted by No. 37/2024 s. 93.\n\n\t124ZS Person specified in direction under section 124ZR must comply with it\n\nA person who—\n\n(a) commits an offence against section 124ZN; and\n\n(b) is given a direction under section 124ZR in respect of the public display that constitutes that offence—\n\nmust comply with the direction within the time specified in the direction unless the person has a reasonable excuse for not doing so.\n\nPenalty: In the case of an individual, 10 penalty units;\n\nIn the case of a body corporate, 50 penalty units.\n\nS. 124ZT inserted by No. 37/2024 s. 93.\n\n\t124ZT Police officer may leave direction requiring cessation of public display of insignia\n\n(1) A police officer may give a direction in accordance with this section in relation to particular property if—\n\n(a) the police officer reasonably believes that a person is committing an offence against section 124ZN by publicly displaying a mark at or on that property; and\n\n(b) there is no person present who appears to be—\n\n(i) the owner or occupier of that property; or\n\n(ii) otherwise in control of that property.\n\n(2) A direction under this section requires a person who is specified in the direction to cease the public display of the mark.\n\n(3) A police officer may specify a person in the direction only if—\n\n(a) the person is an individual who is 18 years old or older, or a body corporate; and\n\n(b) either—\n\n(i) the person is the owner or occupier of the property at or on which the mark is publicly displayed; or\n\n(ii) the person is otherwise in control of that property.\n\n(4) A police officer who gives a direction under this section—\n\n(a) need not identify a person specified in the direction by name; and\n\n(b) may instead specify a person by reference to how they relate to the property at or on which the mark is publicly displayed.\n\n**Examples**\n\n1 If the mark is publicly displayed on a motor vehicle, the police officer may specify that it is the registered operator of that motor vehicle who is required to cease the public display.\n\n2 If the mark is publicly displayed in the front window of a residence, the police officer may specify that it is the occupier of that residence who is required to cease the public display.\n\n(5) If—\n\n(a) a direction specifies a person by reference to how the person relates to property at or on which a mark is displayed; and\n\n(b) more than one person relates to the property in that way—\n\nthe direction is to be taken to specify each person who relates to the property in that way.\n\nIf the direction specifies that it is the occupier of a residence who is required to cease a public display, and the residence has 2 occupiers, the direction is to be taken to specify each of them.\n\n(6) A police officer who gives a direction under this section must specify in the direction a reasonable time within which the public display must cease.\n\n(7) A police officer who gives a direction under this section must do so in writing, by leaving the direction at or affixed to the property so that the direction is conspicuous.\n\n(8) A direction under this section in which it is purportedly specified an individual who is younger than 18 years old is to be taken not to specify that person.\n\nS. 124ZU inserted by No. 37/2024 s. 93.\n\n\t124ZU Person specified in direction under section 124ZT must comply with it\n\n(1) A person who—\n\n(a) commits an offence against section 124ZN; and\n\n(b) is specified in a direction given under section 124ZT in respect of the public display that constitutes that offence—\n\nmust comply with the direction within the time specified in the direction unless the person has a reasonable excuse for not doing so.\n\nPenalty: In the case of an individual, 10 penalty units;\n\nIn the case of a body corporate, 50 penalty units.\n\n(2) Without limiting what may be a reasonable excuse for the purposes of subsection (1), it is a reasonable excuse for a person to fail to comply with a direction if the direction does not come to the person's notice.\n\n(3) If a person who is specified in a direction given under section 124ZT complies with the direction within the time specified in the direction, no other person who is specified in the direction commits an offence against subsection (1) in respect of that direction.\n\nDivision 3—Search, seizure and forfeiture\n\nS. 124ZV inserted by No. 37/2024 s. 93.\n\n\t124ZV Issue of search warrant by magistrate\n\n(1) Subject to subsection (2)—\n\n(a) section 465 of the **Crimes Act 1958** applies to and in respect of an offence against section 124ZN as if it were an indictable offence; and\n\n(b) the other provisions of Subdivision (31) of Division 1 of Part III of that Act apply in relation to a warrant issued under section 465 of that Act, as applied by paragraph (a), in the same way that those provisions apply in relation to any other warrant issued under section 465 of that Act.\n\n(2) If—\n\n(a) a thing is seized under a warrant under section 465 of the **Crimes Act 1958**, as applied by subsection (1)(a); and\n\n(b) the thing is the subject of a direction under section 465(1B) or 465C of that Act; and\n\n(c) the thing is forfeited under section 124ZZA or 124ZZB—\n\nsection 465E of the **Crimes Act 1958** does not apply in relation to that thing and, on that forfeiture, the direction ceases to apply.\n\nS. 124ZW inserted by No. 37/2024 s. 93.\n\n\t124ZW Police officer may seize property bearing insignia of Part 5B organisation\n\n(1) A police officer may seize a thing if—\n\n(a) the police officer reasonably believes that a person is committing or has committed an offence against section 124ZN by publicly displaying a mark that the thing bears; and\n\n(b) that public display is still occurring (whether or not it ceased for any period of time); and\n\n(c) the thing is located at a public place; and\n\n(d) if the thing is being carried or attended by a person, the police officer has, immediately before seizing the thing—\n\n(i) informed the person that the officer believes that the person is committing an offence against section 124ZN; and\n\n(ii) informed the person that the officer has power to seize the thing and intends to do so; and\n\n(iii) informed the person that reasonable force may be used to assist in the seizure; and\n\n(iv) asked the person to hand the thing over.\n\n(2) If it is necessary for a police officer to use reasonable force to seize the thing, the police officer may do so.\n\n(3) If the person hands the thing over when asked to do so under subsection (1)(d)(iv), the thing is taken to have been seized under subsection (1).\n\n(4) Nothing in this section authorises the police officer to search a person.\n\nS. 124ZX inserted by No. 37/2024 s. 93.\n\n\t124ZX When seized things become eligible to be collected, and by whom\n\n(1) This section applies in relation to a thing that has been seized under—\n\n(a) a search warrant issued as provided for by section 124ZV; or\n\n(b) section 124ZW.\n\n(2) Unless the seized thing is the subject of a direction under section 465(1B) or 465C of the **Crimes Act 1958**, it becomes eligible to be collected, in accordance with this section—\n\n(a) by or on behalf of a relevant person referred to in subsection (3); and\n\n(b) at the applicable time under subsection (4).\n\n(3) Each of the following persons is a relevant person—\n\n(a) the owner of the seized thing; and\n\n(b) if the seized thing—\n\n(i) was seized under section 124ZW; and\n\n(ii) was being carried or attended by a person when seized—\n\nthe person to whom a police officer gave information under section 124ZW(1)(d).\n\n(4) The applicable time is—\n\n(a) when 3 months elapse without a person being charged with an offence against this Act in relation to the public display of a mark that the thing bears; or\n\n(b) when a decision is made, within the period referred to in paragraph (a), not to charge an offence referred to in that paragraph; or\n\n(c) if a person is charged with an offence referred to in paragraph (a), when all the relevant proceedings have concluded without a forfeiture order being made.\n\n(5) For the purposes of subsection (4)(c)—\n\n(a) the reference to a forfeiture order is a reference to—\n\n(i) if the seized thing is not a motor vehicle, an order under section 124ZZA(2) in respect of the seized thing; or\n\n(ii) if the seized thing is a motor vehicle, a forfeiture order under Division 1 of Part 3 of the **Confiscation Act 1997** in respect of the vehicle; and\n\n(b) the relevant proceedings are—\n\n(i) the proceeding for the offence referred to in subsection (4)(a); and\n\n(ii) if an application for a forfeiture order is made before the conclusion of the proceeding for that offence, a proceeding on that application.\n\nS. 124ZY inserted by No. 37/2024 s. 93.\n\n\t124ZY Collection of seized thing from police station\n\n(1) This section applies in relation to a seized thing that, at an applicable time referred to in section 124ZX(4), becomes eligible for collection by a relevant person referred to in section 124ZX(3).\n\n(2) The police officer in charge of the police station at which the seized thing is kept must give notice under this section to each person whose status as a relevant person can be discerned from the records of Victoria Police.\n\n(3) Notice under this section must—\n\n(b) inform the person to whom it is given—\n\n(i) that the person has a right to collect the seized thing; and\n\n(ii) that the thing will be forfeited to the Crown if not collected.\n\n(4) Notice under this section must be given as soon as practicable after the police officer referred to in that section identifies the person as a relevant person.\n\n(5) For the purposes of subsection (4), if, at the applicable time, Victoria Police has no record of who the owner of the thing is, the Chief Commissioner must ensure that a police officer takes reasonable steps to identify the owner.\n\n(6) The police officer in charge of the police station at which the seized thing is kept must allow a relevant person to either—\n\n(a) attend that police station and collect the thing; or\n\n(b) have another person attend and collect the thing on the relevant person's behalf.\n\nS. 124ZZ inserted by No. 37/2024 s. 93.\n\n\t124ZZ Forfeiture of seized thing that is not collected\n\n(1) If a seized thing that becomes eligible for collection under section 124ZX is not collected before the time specified in subsection (2), the thing is forfeited to the Crown at that time.\n\n(2) The time at which the seized thing is to be forfeited is—\n\n(a) if at least one relevant person was given notice under section 124ZY, 3 months after the last relevant person received that notice; or\n\n(b) if no relevant person was given notice under section 124ZY, 4 months after the time at which the seized thing became eligible for collection under section 124ZX.\n\n(3) Subject to subsection (4), the Minister may direct that a thing forfeited to the Crown under subsection (1) is to be disposed of in any manner the Minister thinks fit.\n\n(4) If a thing is sold under subsection (3), the proceeds of the sale must be paid into the Consolidated Fund.\n\nS. 124ZZA inserted by No. 37/2024 s. 93.\n\n\t124ZZA Forfeiture of seized thing that is not a motor vehicle\n\n(1) This section applies in relation to a thing that—\n\n(a) bears a mark the public display of which constituted an offence against section 124ZN; and\n\n(b) is not a motor vehicle; and\n\nIf the thing is a motor vehicle, see section 124ZZB.\n\n(c) is seized under—\n\n(i) a search warrant issued as provided for by section 124ZV; or\n\n(ii) section 124ZW; or\n\n(iii) a power at common law as it applies in relation to that offence.\n\n(2) If a court finds a person guilty of the offence referred to in subsection (1)(a), the court may, on application by a police officer, order that the thing is forfeited to the Crown.\n\n(3) Subject to subsection (4), the Minister may direct that a thing forfeited to the Crown under subsection (2) is to be disposed of in any manner the Minister thinks fit.\n\n(4) The Minister must not dispose of a thing under subsection (3) unless—\n\n(a) an appeal in relation to the offence has been abandoned or finally determined; or\n\n(b) the period in which such an appeal may be commenced has elapsed without an appeal having been commenced.\n\n(5) If a thing is sold under subsection (3), the proceeds of the sale must be paid into the Consolidated Fund.\n\nS. 124ZZB inserted by No. 37/2024 s. 93.\n\n\t124ZZB Forfeiture of seized motor vehicle\n\n(1) This section applies in relation to a motor vehicle that—\n\n(a) bears a mark the public display of which constituted an offence against section 124ZN; and\n\n(b) is seized under—\n\n(i) a search warrant issued as provided for by section 124ZV; or\n\n(ii) section 124ZW; or\n\n(iii) a power at common law as it applies in relation to that offence.\n\n(2) If a court finds a person guilty of the offence referred to in subsection (1)(a), Division 1 of Part 3 of the **Confiscation Act 1997** applies—\n\n(a) as if that offence were a Schedule 1 offence (within the meaning of that Act); and\n\n(b) as if the motor vehicle were the only tainted property (within the meaning of that Act) in relation to that offence.\n\n(3) The remaining provisions of the **Confiscation Act 1997** apply in relation to a forfeiture order applied for or made in accordance with subsection (2) in the same way that they apply to any other forfeiture order under Division 1 of Part 3 of that Act.\n\n(4) A provision of the **Confiscation Act 1997** applied by subsection (3) applies on the basis set out in subsection (2)(a) and (b).\n\nDivision 4—Regulations\n\nS. 124ZZC inserted by No. 37/2024 s. 93.\n\n\t124ZZC Regulations\n\n(1) The Governor in Council may make regulations for or with respect to—\n\n(a) prescribing an organisation for the purposes of the definition of ***Part 5B organisation***; and\n\n(b) prescribing a mark in respect of an organisation for the purposes of section 124ZN(d)(ii).\n\n(2) The Minister may recommend the making of regulations for prescribing an organisation for the purposes of the definition of ***Part 5B organisation*** only if—\n\n(a) the Minister has consulted with the Chief Commissioner; and\n\n(b) the Minister is satisfied on reasonable grounds that the application of the prohibitions under this Part in relation to the organisation—\n\n(i) is likely to substantially assist in disrupting or preventing serious criminal activity; and\n\n(ii) is reasonably necessary to prevent or disrupt serious criminal activity.\n\n(3) If the Chief Commissioner informs the Minister that a person has been involved in serious criminal activity while a member or prospective member of a particular organisation, the Minister must take that into account when considering whether to be satisfied as described in subsection (2)(b) in relation to that organisation.\n\nPt 5C (Heading and ss 124ZZD, 124ZZE) inserted by No. 37/2024 s. 98.\n\nPart 5C—Exclusion of members of certain organisations from Victorian Government worksites\n\nS. 124ZZD inserted by No. 37/2024 s. 98.\n\n\t124ZZD Members of Part 5C organisations must not enter certain areas at Victorian Government worksites\n\n(1) An individual who is 18 years old or older and who is a member of a Part 5C organisation must not enter an area—\n\n(a) that is, or is located at, a Victorian Government worksite; and\n\n(b) to which public access is restricted; and\n\n(c) where development is taking place.\n\nPenalty: Imprisonment for 3 years or 360 penalty units or both.\n\nThe meaning of ***member*** is modified for the purposes of this Part—see paragraph (d) of the definition of ***member***.\n\n(3) No permission or requirement arising by or under any other Act permits or requires an entry in contravention of subsection (1).\n\n***construct*** has the same meaning as in the **Major Transport Projects Facilitation Act 2009**;\n\n***development*** includes—\n\n(a) the construction of a facility or infrastructure; and\n\n(b) the construction or exterior alteration or exterior decoration of a building; and\n\n(c) the demolition or removal of a building or works; and\n\n(d) the construction or carrying out of works; and\n\n(e) the subdivision or consolidation of land, including buildings or airspace; and\n\n(f) the placing or relocation of a building or works on land; and\n\n(g) the construction or putting up for display of signs or hoardings;\n\n***land*** has the same meaning as in the **Major Transport Projects Facilitation Act 2009**;\n\n***works*** has the same meaning as in the **Major Transport Projects Facilitation Act 2009**.\n\nS. 124ZZE inserted by No. 37/2024 s. 98.\n\n\t124ZZE Regulations\n\n(1) The Governor in Council may make regulations for or with respect to—\n\n(a) prescribing an organisation for the purposes of the definition of ***Part 5C organisation***; and\n\n(b) prescribing an area for the purposes of the definition of ***Victorian Government worksite***.\n\n(2) The Minister may recommend the making of regulations for prescribing an organisation for the purposes of the definition of ***Part 5C organisation*** only if—\n\n(a) the Minister has consulted with the Chief Commissioner; and\n\n(b) the Minister is satisfied on reasonable grounds that applying the prohibitions under this Part in relation to that organisation—\n\n(i) is likely to substantially assist in disrupting or preventing criminal activity in relation to public construction; and\n\n(ii) is reasonably necessary to prevent or disrupt criminal activity in relation to public construction.\n\n(3) The Minister may recommend the making of regulations for prescribing an area for the purposes of the definition of ***Victorian Government worksite*** only if—\n\n(a) the area is, or is located at—\n\n(i) a project area; or\n\n(ii) an area at which the Minister is satisfied on reasonable grounds that public construction is occurring; and\n\n(b) the Minister is satisfied on reasonable grounds that applying the prohibitions under this Part in relation to that area is likely to substantially assist in disrupting or preventing criminal activity in relation to public construction.\n\n***project area*** means—\n\n(a) a project area within the meaning of the **Major Transport Projects Facilitation Act 2009**; or\n\n(b) a project area within the meaning of the **Suburban Rail Loop Act 2021**; or\n\n(c) a project area within the meaning of the **Development Victoria Act 2003**; or\n\n(d) a site of a nominated project within the meaning of the **Project Development and Construction Management Act 1994**;\n\n***public construction*** means the construction, maintenance, rehabilitation, alteration, extension or demolition of any improvements on land by, or on behalf of a Department or a public body within the meaning of Parts 3 and 4 of the **Project Development and Construction Management Act 1994**.\n\nPart 6—General\n\nDivision 1—Corporate criminal responsibility\n\n\t125 Definitions\n\nIn this Division—\n\nS. 125 def. of *associate* amended by No. 37/2024 s. 104(8)(a).\n\n***associate***, in relation to a body corporate, means a person who is—\n\n(a) an employee or agent of the body corporate to the extent that the person is acting within the actual or apparent scope of the person's employment or within the person's actual or apparent authority; or\n\n(b) an officer of the body corporate;\n\nS. 125 def. of *officer* amended by No. 37/2024 s. 104(8)(b).\n\n***officer*** means—\n\n(a) in the case of body corporate that is—\n\n(i) a company or registered foreign company within the meaning of the Corporations Act; or\n\n(ii) is incorporated under a law of another State or a Territory—\n\nan officer (as defined by section 9 of the Corporations Act) of the body corporate to the extent that the officer is acting within the actual or apparent scope of the officer's employment or within the officer's actual or apparent authority;\n\n(b) in the case of a body corporate that is an incorporated association—an office holder within the meaning of section 82 of the **Associations Incorporation Reform Act 2012**;\n\nS. 125 def. of *specified section* substituted by No. 37/2024 s. 94.\n\n***specified section*** means section 77(1), 83(1), 84(1), 85(2), 124ZN, 124ZS or 124ZU(1).\n\n","sortOrder":120},{"sectionNumber":"126","sectionType":"section","heading":"Corporate criminal responsibility for certain offences against this Act","content":"\t126 Corporate criminal responsibility for certain offences against this Act\n\n(1) For the purposes of a proceeding against a body corporate for an offence against a specified section—\n\n(a) relevant conduct engaged in by an associate of the body corporate must also be attributed to the body corporate; and\n\n(b) knowledge of an associate of the body corporate must also be attributed to the body corporate.\n\n(2) If an officer of a body corporate contravenes a specified section, the body corporate must be taken to have also contravened that section and may be proceeded against and found guilty of an offence against that section whether or not the officer has been proceeded against or found guilty of that offence.\n\n(3) In a proceeding against a body corporate for an offence against a specified section, brought in reliance on subsection (2), it is a defence to the charge for the body corporate to prove that it exercised due diligence to prevent the contravention of that section by the officer.\n\n(4) It is not necessary that each element of an offence against a specified section that is attributed to a body corporate by force of subsection (1) be supplied by the same associate of the body corporate.\n\nDivision 2—Service\n\n","sortOrder":121},{"sectionNumber":"127","sectionType":"section","heading":"General rules as to service","content":"\t127 General rules as to service\n\n(1) For the purposes of this Act—\n\nS. 127(1)(a) amended by No. 37/2024 s. 81(a).\n\n(a) if a document is to be served on an individual—it must be served in accordance with section 128.\n\nS. 127  \n(1)(b)–(e) repealed by No. 37/2024 s. 81(b).\n\nS. 127(2) amended by No. 6/2018 s. 68(Sch. 2 item 37).\n\n(2) If it appears to a court on sworn or affirmed evidence, whether oral or by affidavit, that service cannot be promptly effected, the court may make an order for substituted service.\n\n","sortOrder":122},{"sectionNumber":"128","sectionType":"section","heading":"Service on an individual","content":"\t128 Service on an individual\n\nA document may be served on an individual—\n\n(a) by delivering it personally to the individual; or\n\nS. 128(b) amended by No. 37/2024 s. 104(9).\n\n(b) by sending it by prepaid ordinary post to the individual at the individual's usual or last known residential or business address; or\n\n(c) by leaving it at the individual's usual or last known residential or business address with an individual on the premises who is apparently at least 16 years old and apparently residing or employed there.\n\nS. 129 repealed by No. 37/2024 s. 83.\n\nPt 6 Div. 3 (Heading and ss 130–132) amended by Nos 37/2014 s. 10(Sch. item 40.2), 55/2014 s. 83, 27/2016 s. 37, repealed by No. 37/2024 s. 82.\n\nDivision 4—Reporting\n\n","sortOrder":123},{"sectionNumber":"133","sectionType":"section","heading":"Annual report","content":"\t133 Annual report\n\nS. 133(1) amended by Nos 55/2014 s. 84, 48/2015 s. 6(1), 27/2016 s. 38, substituted by No. 37/2024 s. 107(1).\n\n(1) The Chief Commissioner must give the Attorney-General a report that includes the following information in respect of each financial year—\n\n(a) in respect of each of the following kinds of applications, the number of those applications made during that financial year—\n\n(i) applications for serious crime prevention orders for which the respondents are eligible offenders;\n\n(ii) applications for serious crime prevention orders for which the respondents are not eligible offenders;\n\n(iii) applications to vary serious crime prevention orders;\n\n(iv) applications to revoke serious crime prevention orders;\n\n(v) applications to renew serious crime prevention orders;\n\n(vi) applications for criminal intelligence protection orders where the relevant party to the substantive application is an eligible offender;\n\n(vii) applications for criminal intelligence protection orders where the relevant party to the substantive application is not an eligible offender;\n\n(b) in respect of each of the kinds of applications specified in paragraph (a)—\n\n(i) the number of those applications that were withdrawn during that financial year and, separately, the number of those withdrawn applications that were in respect of an Aboriginal person or a Torres Strait Islander; and\n\n(ii) the number of those applications that were refused during that financial year and, separately, the number of those refused applications that were in respect of an Aboriginal person or a Torres Strait Islander; and\n\n(iii) the number of those applications that were granted during that financial year and, separately, the number of those granted applications that were in respect of an Aboriginal person or a Torres Strait Islander;\n\n(c) the number of serious crime prevention orders that were in effect on the last day of that financial year;\n\n(d) the number of corresponding orders registered under Part 5 during that financial year;\n\n(e) the number of registered corresponding orders in effect on the last day of that financial year;\n\n(f) the number of criminal intelligence protection orders made in that financial year;\n\n(g) the number of unlawful association notices issued during that financial year and, separately, the number of those notices issued to an Aboriginal person or a Torres Strait Islander;\n\n(h) details of the ages (in ranges) of individuals in respect of whom unlawful association notices were issued during that financial year;\n\n(i) details of the ages (in ranges) of individuals charged with an offence against section 124A(1) during that financial year;\n\n(j) the number of unlawful association notices amended under each of the following provisions during that financial year—\n\n(i) section 124J;\n\n(ii) section 124KA(1)(b)(i);\n\n(iii) section 124O(2);\n\n(iv) section 124O(2A)(b)(i);\n\n(k) the number of unlawful association notices that were revoked under each of the following provisions during that financial year—\n\n(i) section 124K(1);\n\n(ii) section 124K(2);\n\n(iii) section 124KA(1)(c);\n\n(iv) section 124P(2);\n\n(v) section 124P(3);\n\n(l) the number of applications made under section 124JA for revocation during the financial year;\n\n(m) the number of applications made under section 124M for internal review during the financial year;\n\n(n) the number of applications made during that financial year under section 124MA for an extension of time within which an application for internal review may be made;\n\n(o) the number of decisions affirmed under section 124N(3)(a) during the financial year;\n\n(p) the number of decisions or unlawful association notices amended under section 124N(3)(a) during the financial year;\n\n(q) the number of decisions set aside under section 124N(3)(b) during the financial year;\n\n(r) the number of applications made under section 124B(1) for a lawful association authority during the financial year;\n\n(s) the number of lawful association authorities granted under section 124B(3)(a) during the financial year;\n\n(t) the number of notices published in the Government Gazette under section 124C during the financial year;\n\n(u) for each offence set out in a provision of this Act—\n\n(i) the number of charges for that offence for which a criminal proceeding was commenced during that financial year; and\n\n(ii) the number of persons who were charged with that offence during that financial year and, separately, the number of those persons who are Aboriginal persons or Torres Strait Islanders; and\n\n(iii) the number of findings of guilt for that offence that were made during that financial year; and\n\n(iv) the number of convictions for that offence that were imposed during that financial year; and\n\n(v) the number of charges referred to in subparagraph (i) that were heard and determined during that financial year without a finding of guilt or a conviction being imposed (including because the charge was withdrawn or dismissed or the prosecution of the charge was discontinued); and\n\n(vi) the number of proceedings—\n\n(A) in which that offence was charged; and\n\n(B) that concluded during that financial year;\n\n(v) in addition to each number of charges, findings of guilt, convictions or proceedings referred to in paragraph (u), the number of such charges, findings of guilt, convictions or proceedings that were in respect of Aboriginal persons or Torres Strait Islanders.\n\n(2) The report must be given to the Attorney-General as soon as practicable, but within 3 months, after the end of each financial year.\n\n(3) The Attorney-General must cause a copy of the report to be laid before each House of Parliament within 12 sitting days of that House after the report is received by the Attorney-General.\n\nS. 133(4) inserted by No. 48/2015 s. 6(2), substituted by No. 37/2024 s. 107(2).\n\n***Aboriginal person or Torres Strait Islander*** means a person who is identified that way in records held by Victoria Police;\n\n***relevant party*** has the same meaning as in Part 4;\n\n***substantive application*** has the same meaning as in Part 4.\n\n","sortOrder":124},{"sectionNumber":"Div 5","sectionType":"division","heading":"Other matters","content":"Division 5—Other matters\n\n","sortOrder":125},{"sectionNumber":"134","sectionType":"section","heading":"Information sharing","content":"\t134 Information sharing\n\n(1) For the purposes of this section, the following are ***specified persons***—\n\n(a) the Chief Commissioner;\n\nS. 134(1)(b) amended by No. 37/2024 s. 84(1)(a).\n\n(b) the County Court registrar;\n\nS. 134(1)(c) amended by No. 37/2024 s. 84(1)(b).\n\n(c) a special counsel appointed under section 71 or 79.\n\nS. 134(1)(d) repealed by No. 37/2024 s. 84(1)(c).\n\nS. 134(2) amended by No. 37/2024 s. 84(2)(a).\n\n(2) The Chief Commissioner, the County Court registrar or a special counsel appointed under section 71 or 79 may disclose information acquired in the exercise of powers or the performance of functions or duties under this Act to any other specified person for the purpose of—\n\nS. 134(2)(a) amended by No. 37/2024 s. 84(2)(a)(b).\n\n(a) enabling the Chief Commissioner, the County Court registrar or a special counsel appointed under section 71 or 79 to exercise powers or perform functions or duties under this Act.\n\nS. 134(2)(b) repealed by No. 37/2024 s. 84(2)(c).\n\nS. 134(3) repealed by No. 37/2024 s. 84(3).\n\nS. 134(4) amended by No. 37/2024 s. 84(4).\n\n(4) The Chief Commissioner may disclose the identity of an individual who is subject to a serious crime prevention order to—\n\nS. 134(4)(a) substituted by No. 37/2024 s. 108(a).\n\n(a) an Australian law enforcement agency; or\n\nS. 134(4)(b)(c) repealed by No. 37/2024 s. 108(b).\n\n(d) a police force or police service (however described) of a place outside Australia; or\n\n(e) any other authority or person responsible for the enforcement of the laws of a place outside Australia.\n\n","sortOrder":126},{"sectionNumber":"135","sectionType":"section","heading":"Nature of proceedings under Act","content":"\t135 Nature of proceedings under Act\n\nProceedings on an application under this Act are civil in nature, except as otherwise provided under this Act.\n\nS. 135A inserted by No. 55/2014 s. 85, repealed by No. 37/2024 s. 85.\n\nS. 135B inserted by No. 55/2014 s. 85.\n\n","sortOrder":127},{"sectionNumber":"135B","sectionType":"section","heading":"Costs","content":"\t135B Costs\n\nS. 135B(1) amended by No. 37/2024 s. 86(1)(a).\n\n(1) In relation to an application referred to in section 9—\n\n(a) the applicant must bear the applicant's own costs; and\n\nS. 135B(1)(b) amended by No. 37/2024 s. 86(1)(b).\n\n(b) the respondent must bear the respondent's own costs.\n\nS. 135B(1)(c) repealed by No. 37/2024 s. 86(1)(c).\n\n(2) Despite subsection (1), the Court may award costs against a person referred to in that subsection if the person has—\n\n(a) made an application or objection that the Court considers frivolous or vexatious; or\n\n(b) by an unreasonable act or omission caused the other person to incur costs in relation to the application or objection.\n\nS. 135B(3) repealed by No. 37/2024 s. 86(2).\n\nS. 135C inserted by No. 55/2014 s. 85.\n\n","sortOrder":128},{"sectionNumber":"135C","sectionType":"section","heading":"Adjournment before costs order made","content":"\t135C Adjournment before costs order made\n\nS. 135C(1) amended by No. 37/2024 s. 87(1).\n\n(1) This section applies if, at a hearing for an application referred to in section 9—\n\n(a) the Court decides that there are grounds to award costs against a person under section 135B(2); and\n\n(b) neither the person nor the person's legal representative (if any) is present at the hearing.\n\n(2) The Court may—\n\n(a) adjourn the proceeding; and\n\n(b) give the person notice that an order for costs will be made at the next hearing of the proceeding unless the person contests the making of the order at that hearing.\n\nS. 135C(3) repealed by No. 37/2024 s. 87(2).\n\n","sortOrder":129},{"sectionNumber":"136","sectionType":"section","heading":"Delegation","content":"\t136 Delegation\n\nS. 136(1) amended by Nos 37/2014 s. 10(Sch. item 40.3(a)), 48/2015 s. 7(1), 37/2024 s. 104(10).\n\n(1) The Chief Commissioner, by instrument, may delegate any function or power the Chief Commissioner has under this Act, except section 124B, to a police officer of or above the rank of inspector.\n\nS. 136(1A) inserted by No. 48/2015 s. 7(2).\n\n(1A) The Chief Commissioner, by instrument, may delegate any function or power the Chief Commissioner has under section 124B to a senior police officer.\n\nS. 136(2) amended by No. 37/2014 s. 10(Sch. item 40.3(b)).\n\n(2) Subsection (1) does not limit section 19 of the **Victoria Police Act 2013**.\n\nS. 137 amended by No. 48/2015 s. 8, repealed by No. 37/2024 s. 109.\n\nS. 137A inserted by No. 37/2024 s. 110.\n\n","sortOrder":130},{"sectionNumber":"137A","sectionType":"section","heading":"Review following Criminal Organisations Control Amendment Act 2024","content":"\t137A Review following Criminal Organisations Control Amendment Act 2024\n\n(1) The Attorney-General must cause—\n\n(a) a review to be undertaken of the operation and effectiveness of this Act during the review period; and\n\n(b) a report of that review to be prepared.\n\n(2) The review must be undertaken having regard to the views of—\n\n(a) the public; and\n\n(b) the entities that the entity undertaking the review considers relevant to the review; and\n\n(c) entities representing—\n\n(i) Aboriginal persons and Torres Strait Islanders; or\n\n(ii) other vulnerable persons.\n\n(3) The review must examine whether, during the review period, this Act—\n\n(a) has been effective in disrupting and preventing criminal activity; and\n\n(b) has appropriately targeted serious and organised crime; and\n\n(c) has had a disproportionate impact on—\n\n(i) Aboriginal persons and Torres Strait Islanders; or\n\n(ii) other vulnerable persons; and\n\n(d) has had unintended consequences.\n\n(4) The report of the review may include recommendations in relation to whether this Act should be amended to improve the operation and effectiveness of this Act (including to make this Act operate more fairly).\n\n(5) The review must be completed and a report of the review must be given to the Attorney‑General within six months after the end of the review period.\n\n(6) The Attorney-General must cause a copy of the report of the review to be laid before each House of Parliament as soon as practicable after the Attorney-General is given the report.\n\n(7) In this section—\n\n***review*** ***period*** means the period—\n\n(a) beginning on the commencement of the **Criminal Organisations Control Amendment Act 2024**; and\n\n(b) ending on the third anniversary of that commencement.\n\n","sortOrder":131},{"sectionNumber":"138","sectionType":"section","heading":"Regulations","content":"\t138 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\nS. 138(2) amended by No. 37/2024 s. 111(a).\n\n(2) Regulations made under this Act—\n\n(a) may be of general or limited application; and\n\nS. 138(2)(b) amended by No. 37/2024 s. 111(b).\n\n(b) may differ according to differences in time, place or circumstances; and\n\nS. 138(2)(c) inserted by No. 37/2024 s. 111(c).\n\n(c) confer a discretionary authority or impose a duty on a specified person or a specified class of persons; and\n\nS. 138(2)(d) inserted by No. 37/2024 s. 111(c).\n\n(d) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person or class of persons; and\n\nS. 138(2)(e) inserted by No. 37/2024 s. 111(c).\n\n(e) provide in a specified case or class of cases for the exemption of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to such extent as is specified; and\n\nS. 138(2)(f) inserted by No. 37/2024 s. 111(c).\n\n(f) apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person—\n\n(i) wholly or partially or as amended by the regulations; or\n\n(ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or\n\n(iii) as formulated, issued, prescribed or published from time to time.\n\nPt 7 (Heading and ss 139–141) repealed by No. 80/2012 s. 141,  \nnew Pt 7 (Heading and s. 139) inserted by No. 27/2016 s. 39.\n\n","sortOrder":132},{"sectionNumber":"Part 7","sectionType":"part","heading":"Transitional provisions","content":"Part 7—Transitional provisions\n\n","sortOrder":133},{"sectionNumber":"139","sectionType":"section","heading":"Confiscation and Other Matters Amendment Act 2016","content":"\t139 Confiscation and Other Matters Amendment Act 2016\n\nDespite section 45(2)(a), the Court must not impose a condition referred to in that provision in making a control order that applies to a declared organisation that is the subject of a restrictive declaration made under section 19(2A) as in force immediately before the commencement of Part 3 of the **Confiscation and Other Matters Amendment Act 2016**.\n\nNew s. 140 inserted by No. 37/2024 s. 112.\n\n","sortOrder":134},{"sectionNumber":"140","sectionType":"section","heading":"Criminal Organisations Control Amendment Act 2024","content":"\t140 Criminal Organisations Control Amendment Act 2024\n\nEach unlawful association notice that is in effect immediately before the commencement of Part 2 of the **Criminal Organisations Control Amendment Act 2024** ceases to have effect on that commencement.\n\nSch. amended by Nos 55/2014 s. 86, 2/2018 s. 40, 7/2022 s. 66, substituted as Sch. 1 by No. 37/2024 s. 18.\n\n","sortOrder":135},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Applicable offences","content":"Schedule 1—Applicable offences\n\n\t1 Control of Weapons Act 1990\n\n1.1 An offence against section 5(1A) of the **Control of Weapons Act 1990** (possessing, carrying or using a prohibited weapon in licensed premises without an exemption or approval).\n\n\t2 Crimes Act 1958\n\n2.1 An offence against section 21 of the **Crimes Act 1958** (threats to inflict serious injury).\n\n2.2 An offence against section 30 of the **Crimes Act 1958** (threatening injury to prevent arrest).\n\n2.3 An offence against section 31(1) of the **Crimes Act 1958** constituted by the conduct described in paragraph (a) of that provision (assault with intent to commit an indictable offence).\n\n2.4 An offence against section 31A(1) of the **Crimes Act 1958** (use of firearms in the commission of offences).\n\n2.5 An offence against section 195H(1) of the **Crimes Act 1958** (affray).\n\nOther offences against the **Crimes Act 1958** are also applicable offences. See paragraph (c) of the definition of ***applicable offence*** in section 3(1).\n\n\t3 Drugs, Poisons and Controlled Substances Act 1981\n\n3.1 An offence against section 56(14) of the **Drugs, Poisons and Controlled Substances Act 1981** (manufacture of heroin etc.).\n\n3.2 An offence against section 71AD of the **Drugs, Poisons and Controlled Substances Act 1981** (use of violence or threats to cause trafficking in drug of dependence).\n\n3.3 An offence against section 71C of the **Drugs, Poisons and Controlled Substances Act 1981** (possession of tablet press).\n\n3.4 An offence against section 72D(1) of the **Drugs, Poisons and Controlled Substances Act 1981** (permitting use of premises for trafficking or cultivation of drug of dependence).\n\n\t4 Firearms Act 1996\n\n4.1 An offence against section 5(2) of the **Firearms Act 1996** (offence for prohibited person to possess, carry or use a silencer or any other prescribed item).\n\n4.2 An offence against section 7(1) of the **Firearms Act 1996** (offence for non‑prohibited person to possess, carry or use a registered general category handgun without a licence).\n\n4.3 An offence against section 7(2) of the **Firearms Act 1996** (offence for a non‑prohibited person to possess, carry or use a registered category E handgun).\n\n4.4 An offence against section 7(3) of the **Firearms Act 1996** (offence for a non‑prohibited person to possess, carry or use a registered general category handgun that was manufactured before 1 January 1947 without a licence).\n\n4.5 An offence against section 7A(1) of the **Firearms Act 1996** (offences for certain types of handguns).\n\n4.6 An offence against section 7B(1) of the **Firearms Act 1996** (offence to possess, carry or use an unregistered handgun).\n\n4.7 An offence against section 95(2A) of the **Firearms Act 1996** (prohibition on acquisition of general category handgun except from licensed firearms dealer).\n\n4.8 An offence against section 95(3) of the **Firearms Act 1996** (prohibition on acquisition of category E longarm except from licensed firearms dealer).\n\n4.9 An offence against section 102(2A) of the **Firearms Act 1996** (offence to acquire a general category handgun without a permit).\n\n4.10 An offence against section 112P(1) of the **Firearms Act 1996** (offence to fail to surrender firearms or firearm related items immediately on service of a firearm prohibition order).\n\n4.11 An offence against section 112P(2) of the **Firearms Act 1996** (offence to fail to surrender firearms or firearm related items no later than 24 hours after service of a firearm prohibition order).\n\n4.12 An offence against section 132(2) of the **Firearms Act 1996** (offence to carry a firearm which is concealed from view for the purpose of committing an indictable offence).\n\n4.13 An offence against section 134(3) of the **Firearms Act 1996** (offence to deface or alter identifying letter, symbol or mark on a firearm).\n\n ═══════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n *Minister's second reading speech—*\n\n *Legislative Assembly: 15 November 2012*\n\n *Legislative Council: 29 November 2012*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to provide for the making of declarations and control orders for the purpose of preventing and disrupting the activities of organisations involved in serious criminal activity, and of their members, former members, prospective members and associates, to provide for the recognition and application of declarations and control orders made under corresponding laws and to make related amendments to other Acts and for other purposes.\"\n\nThe **Criminal Organisations Control Act 2012** was assented to on 18 December 2012 and came into operation on 13 March 2013: Special Gazette (No. 86) 13 March 2013 page 1.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Criminal Organisations Control Act 2012** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––**Criminal Organisations Control Act 2012, No. 80/2012**\n\n| *Assent Date:* | 18.12.12 |\n| *Commencement Date:* | S. 141 on 1.11.14: s. 141 |\n| *Current State:* | This information relates only to the provision/s amending the **Criminal Organisations Control Act 2012** |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| *Assent Date:* | 3.6.14 |\n| *Commencement Date:* | S. 10(Sch. item 40) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **Criminal Organisations Control Act 2012** |\n\n**Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014**\n\n| *Assent Date:* | 26.8.14 |\n| *Commencement Date:* | Ss 60–86 on 1.10.14: Special Gazette (No. 330) 23.9.14 p. 1; s. 145 on 31.10.14: Special Gazette (No. 330) 23.9.14 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Criminal Organisations Control Act 2012** |\n\n**Criminal Organisations Control Amendment (Unlawful Associations) Act 2015, No. 48/2015**\n\n| *Assent Date:* | 13.10.15 |\n| *Commencement Date:* | Ss 3–8 on 1.7.16: s. 2(2) |\n| *Current State:* | This information relates only to the provision/s amending the **Criminal Organisations Control Act 2012** |\n\n**Confiscation and Other Matters Amendment Act 2016, No. 27/2016**\n\n| Assent Date: | 31.5.16 |\n| Commencement Date: | Ss 27–39 on 1.9.16: Special Gazette (No. 270) 30.8.16 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Criminal Organisations Control Act 2012** |\n\n**Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017**\n\n| Assent Date: | 29.8.17 |\n| Commencement Date: | S. 82 on 30.8.17: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Criminal Organisations Control Act 2012** |\n\n**Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Act 2017, No. 57/2017**\n\n| Assent Date: | 8.11.17 |\n| Commencement Date: | S. 46 on 27.2.18: Special Gazette (No. 49) 13.2.18 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Criminal Organisations Control Act 2012** |\n\n**Firearms Amendment Act 2018, No. 2/2018**\n\n| Assent Date: | 13.2.18 |\n| Commencement Date: | S. 40 on 9.5.18: Special Gazette (No. 209) 8.5.18 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Criminal Organisations Control Act 2012** |\n\n**Oaths and Affirmations Act 2018, No. 6/2018**\n\n| Assent Date: | 27.2.18 |\n| Commencement Date: | S. 68(Sch. 2 item 37) on 1.3.19: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Criminal Organisations Control Act 2012** |\n\n**Serious Offenders Act 2018, No. 27/2018**\n\n| Assent Date: | 26.6.18 |\n| Commencement Date: | S. 356 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Criminal Organisations Control Act 2012** |\n\n**Sex Work Decriminalisation Act 2022, No. 7/2022**\n\n| Assent Date: | 1.3.22 |\n| Commencement Date: | S. 66 on 1.12.23: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Criminal Organisations Control Act 2012** |\n\n**Criminal Organisations Control Amendment Act 2024, No. 37/2024**\n\n| Assent Date: | 22.10.24 |\n| Commencement Date: | Ss 4–112 on 25.8.25: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Criminal Organisations Control Act 2012** |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":136}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act, as currently consolidated with the 2024 amendments, has grown materially beyond its original mechanics of making court‑based control orders. The 2024 changes and prior amendments add several new substantive regulatory tools directed at individuals and organisations: (1) the unlawful association notice regime (Part 5A: ss 124A–124Q) giving police administrative power to prohibit associations; (2) a new offence and enforcement framework banning public display of prescribed organisations' insignia and seizure/forfeiture powers (Part 5B: ss 124ZN–124ZZC); (3) an exclusion offence barring members of prescribed organisations from entering restricted areas of Victorian Government worksites (Part 5C: ss 124ZZD–124ZZE); and (4) expanded confidentiality and closed‑court criminal intelligence protections (Part 4). The amendments also created a formal IBAC oversight and reporting regime specific to unlawful association notices (ss 124R–124ZM) and broadened executive/regulatory power to prescribe organisations and areas subject to prohibitions (ss 124ZZC, 124ZZE). These additions broaden the Act from a primarily court‑driven instrument to a mixed administrative‑criminal regime with substantial operational discretion given to police and the executive, and with specified oversight requirements."},"complexity_factors":["Lengthy Act with many Parts and Divisions (Parts 1–7 plus Schedules) and numerous subsections across ~140+ sections","Large number of defined terms in the interpretation provisions and elsewhere (roughly 60–80 named definitions across s 3 and inserted definitions such as 'eligible offender', 'insignia', 'protected criminal intelligence', 'family member', 'Part 5B organisation', etc.)","Extensive cross-references to other Acts (Crimes Act 1958, Confiscation Act 1997, Firearms Act 1996, Victoria Police Act 2013, IBAC Act 2011, Spent Convictions Act 2021, among others) — at least 20 distinct external statutes referenced","Parallel enforcement streams with different legal characters: civil/judicial SCPOs (ss 14–31) and administrative unlawful association notices with criminal penalties for breach (Part 5A, ss 124D–124P)","Nested conditional logic and multiple exceptions (e.g. numerous exceptions to unlawful-association offences at ss 124A(3)–(4B); multiple exceptions to the insignia offence at ss 124ZO–124ZQ)","Confidentiality/closed-court regime with special counsel appointments, limits on communication, and criminal penalties for unauthorised disclosure (Part 4) — adds procedural complexity","Inter-jurisdictional registration, variation and cancellation process for corresponding orders with detailed steps (ss 99–124) and time limits (s 107)","Regulatory discretions to prescribe organisations and areas (ss 124ZZC, 124ZZE) with statutory preconditions (consultation and executive satisfaction tests)","Significant enforcement mechanics: seizure, eligibility for collection, notice, and forfeiture regimes (ss 124ZW–124ZZB) that interact with the Confiscation Act","Oversight architecture with IBAC quarterly reviews, reporting obligations, powers to compel documents, and abrogation of some privileges (ss 124R–124ZM) creating layered accountability and evidentiary rules"],"plain_english_summary":"**What this law does (mechanically)\n\n- Creates a civil/court-based tool called a \"serious crime prevention order\" (SCPO) that a police Chief Commissioner can ask the County Court to make in respect of an individual. If the Court is satisfied (statutory tests), it can impose conditions on that person for up to 5 years (see: ss 14–20, 16–19).\n\n- Introduces a separate administrative notice scheme — \"unlawful association notices\" — that a senior police officer can issue to an adult to prohibit them from associating with one or more \"eligible offenders\" (see: ss 124D–124H, 124A). The notice lasts two years unless revoked or amended (s 124H).\n\n- Creates offences and enforcement tools connected to those instruments:\n  - Criminal liability for breaching SCPO conditions (s 31) and for contravening unlawful association notices (s 124A).\n  - Police powers to direct people to stop publicly displaying certain marks/insignia and to seize items that bear them (ss 124ZR–124ZW).\n  - Forfeiture and forfeiture-process rules for seized property (ss 124ZX–124ZZB).\n\n- Makes it an offence to publicly display the insignia of a prescribed set of organisations (\"Part 5B organisations\") and gives a regulatory route for the Governor in Council to declare which organisations and which marks are captured (ss 124ZN, 124ZZC).\n\n- Creates a separate exclusion offence preventing adult members of prescribed organisations (\"Part 5C organisations\") from entering specified restricted areas of Victorian Government worksites (ss 124ZZD, 124ZZE).\n\n- Establishes protections for \"criminal intelligence\" used in SCPO or related proceedings, including closed hearings, appointment of a court-appointed \"special counsel\" to protect confidentiality while representing a party's interests, and criminal penalties for unauthorised disclosure (Part 4, ss 69–86, 70–77, 79–85).\n\n- Provides a reciprocal registration process for corresponding orders from other jurisdictions (Parts 5 and Division 2: ss 99–124) so those orders can operate in Victoria after registration and possible variation by the County Court.\n\n- Creates IBAC oversight of the unlawful association scheme: quarterly reviews, record and reporting obligations on Victoria Police, powers to require documents and entry/inspection, and report-to-Parliament duties (ss 124R–124ZM, 124V–124ZB).\n\n- Adds corporate criminal responsibility rules so bodies corporate can be liable for certain offences in the Act through attribution (ss 125–126).\n\nWho decides and who pays\n\n- Senior police officers and the Chief Commissioner make the key administrative choices (issue notices, apply for orders, decide lawful-association authorities) (ss 14, 124B, 124D).\n- The County Court exercises judicial control: it makes, varies, renews or refuses SCPOs and deals with registration/variation/cancellation of interstate orders (ss 16, 23, 27, 101–121).\n- The Minister and Governor in Council decide which organisations/areas can be prescribed for the insignia ban and worksites prohibition via regulations (ss 124ZZC(2), 124ZZE(2)–(3)).\n- Who pays: affected individuals bear compliance costs (limiting associations, movements, displays); businesses and event organisers may face loss or transactional costs where insignia or attendance rules bite; Victoria Police, the County Court and IBAC bear implementation and administrative costs.\n\nWhat the legislature says it is for\n\n- The Act states its purposes as preventing or inhibiting individuals being involved in serious criminal activity and disrupting criminal groups/networks; it also states the purpose of prohibiting public display of certain insignia and excluding certain organisation members from specific government worksites (s 1).\n\nTesting the stated purpose against mechanisms, costs and trade-offs\n\n- Targeting criminal networks: The Act gives police and courts direct powers to limit an individual's associations and activities (SCPOs: ss 16–19; unlawful association notices: s 124D). Mechanism: restrict social contact, travel, financial instruments and public displays. Trade-off: civil-order process + criminal penalties (breach is criminal) increases enforcement reach without necessarily requiring fresh criminal convictions.\n\n- Incentives and compliance burden: Individuals served with unlawful association notices must avoid listed persons or obtain express lawful-association authority (s 124B) for specified events. That creates an administrative route but also ongoing compliance obligations; failure attracts criminal sanctions (s 124A). Businesses and event organisers face uncertainty about permitted displays and may need to police attendee insignia to avoid complicity.\n\n- Bureaucratic discretion and implementation risk: Senior police officers have broad discretion to issue notices (s 124D) and to decide whether \"exceptional circumstances\" excuse issuing additional related notices (s 124E(3)). The Minister prescribes organisations for Parts 5B/5C under a regulation-making test that requires consultation with police and a subjective satisfaction test (ss 124ZZC(2), 124ZZE(2)). This allocates concentrated operational power to police and the executive.\n\n- Effects on speech, assembly and business activity: Public-display prohibition (s 124ZN) restricts visual expression of organisation marks in public places; exceptions apply for journalism, art, academic purposes, tattoos, law enforcement duties and administration of justice (ss 124ZO–124ZQ). The Act contains an express parliamentary intention not to diminish lawful protest and similar activities (s 11), but Part 5C is carved out from that protection.\n\n- Costs and beneficiaries: Benefits are concentrated (law enforcement and public authorities gain operational options). Costs are diffuse (individual civil liberties, potential commercial impacts, court and IBAC resourcing). The Act requires record‑keeping and quarterly reporting by police to IBAC (ss 124ZC, 124ZD) and annual reporting to the Attorney‑General (s 133), creating administrative overhead.\n\n- Oversight and checks: IBAC has mandatory review and reporting powers for unlawful association notices, plus powers to inspect police records and require information (ss 124R–124T, 124V–124ZB). However, IBAC can be supplied material that is exempt from FOI (s 124ZL) and the Act abrogates some privileges for police when producing materials to IBAC (ss 124ZH–124ZI). The Court also must consider proportionality when making SCPOs (s 16(4) requires the Court to have regard to overlapping obligations such as parole, family violence notices, firearm prohibition orders).\n\nKey implementation features to watch (summary list)\n\n- Multiple pathways: judicial SCPOs (ss 14–31) and administrative unlawful association notices (ss 124D–124Q) operate in parallel.\n- Confidentiality regime: closed hearings and special counsel for \"criminal intelligence\" (Part 4, ss 70–77, 79–85).\n- Regulation dependence: the list of captured organisations and worksite areas is regulatory, not statutory, subject to executive satisfaction and consultation requirements (ss 124ZZC, 124ZZE).\n- Enforcement teeth: seizure, forfeiture and criminal penalties for breaches (ss 124ZW, 124ZZA–124ZZB, s 31).\n\nReferences: key sections cited above where they appear in the Act (for example: s 1; ss 14–20; ss 16–19; Part 4; ss 124A–124ZZE; ss 124R–124ZM; ss 99–124)."},"kimi_summary":{"_metrics":{"completionTokens":822},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded dramatically from its original 2012 focus on 'declarations and control orders' for criminal organisations. The 2024 amendments removed the original organisation-based control order scheme entirely, replacing it with individual-focused serious crime prevention orders. Added entirely new Parts: 5A (unlawful association notices, 2024 expansion), 5B (insignia display bans), and 5C (government worksite exclusions). The scope shifted from targeting organisations to targeting individuals through multiple overlapping mechanisms, with significantly expanded police powers and new criminal offences."},"complexity_factors":["47 defined terms in section 3(1) alone, with multiple layers of cross-referenced definitions (e.g., 'member', 'associate with', 'family member', 'involved')","Nested exceptions throughout: unlawful association offences have 10+ exceptions in section 124A(3)-(4B), each with their own conditions","Extensive amendment history with 2024 rewrite replacing entire Parts 2, 3, and 5, creating fragmentation between old and new provisions","Multiple oversight regimes: IBAC monitoring, annual reporting to Parliament, internal police review, and judicial review","Complex procedural requirements for closed court hearings with special counsel appointments when criminal intelligence is involved (Part 4)","Regulatory prescription mechanism for organisations in Parts 5B and 5C requiring Ministerial satisfaction of statutory criteria","Cross-references to at least 15 other Acts including Crimes Act 1958, Firearms Act 1996, Confiscation Act 1997, and Family Violence Protection Act 2008","Conditional logic for service requirements, time limits, and eligibility that varies by offence type and individual circumstances","Special provisions for Aboriginal and Torres Strait Islander people requiring separate identification and cultural activity exceptions","Forfeiture and seizure provisions with multiple pathways depending on whether property is a motor vehicle"],"plain_english_summary":"This Victorian law gives police and courts broad powers to disrupt serious and organised crime by allowing courts to impose long-ranging prevention orders on people involved in serious offending, and enabling police to bar risky associations, seize and prohibit criminal insignia, and exclude organised‑crime members from government construction sites. It targets offenders and criminal networks, carries criminal penalties for breaches, and includes safeguards—exceptions for lawful and cultural activity, oversight, interstate recognition, and reporting to monitor impacts."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/vic-criminal-organisations-control-act-2012","history":"/api/acts/vic-criminal-organisations-control-act-2012/history","analysis":"/api/acts/vic-criminal-organisations-control-act-2012/analysis","conflicts":"/api/acts/vic-criminal-organisations-control-act-2012/conflicts","importantCases":"/api/acts/vic-criminal-organisations-control-act-2012/important-cases","documents":"/api/acts/vic-criminal-organisations-control-act-2012/documents"}}