Members and associates of declared organisations: Any person who is or purports to be a member of an organisation that has been declared, or who is treated by the organisation as a member, may be subject to control order applications.

Controlled members: Persons subject to control orders face criminal penalties for associating with other controlled members (section 26), recruiting new members (section 26A), and must not carry on prescribed activities (section 27).

Businesses employing controlled members: Licences and authorisations for prescribed activities (security, tattoo, firearms dealing, liquor, casino, tow trucks, pawnbroking, motor dealers, racing, and others) held by controlled members are automatically suspended on the interim control order taking effect and revoked on confirmation.

The NSW Police Commissioner: The applicant authority for both declarations and control orders. The Commissioner must comply with detailed procedural requirements for each application.

The NSW Supreme Court: Exercises the jurisdiction under the Act. Makes declarations (section 7), interim control orders (section 14), and control orders (section 19).

Controlled member's association prohibition (section 26): A controlled member must not associate with another controlled member of the same declared organisation. The offence is a base offence (up to 2 years imprisonment for each instance), an aggravated offence where three or more associations occur within three months (up to 3 years), and a further aggravated offence where association occurs after a previous conviction under the section (up to 5 years). Association for any reason constitutes the offence; purpose is irrelevant (section 26(6)).

No recruitment (section 26A): A controlled member who recruits another person to become a member of the organisation commits an offence: up to 5 years imprisonment. Recruitment includes counselling, procuring, soliciting, inciting, or inducing.

Business licence restrictions (section 27): Controlled members must not hold authorisations to carry on prescribed activities. Existing authorisations are automatically suspended on the interim control order taking effect and revoked on confirmation by a control order.

Disclosure of identity obligation (sections 16(6) and 26(7A)): A police officer may require a person reasonably suspected of being a controlled member to disclose their identity. Failure or refusal is an offence under section 35A.

Court's declaration power (section 7): The Supreme Court may make a declaration if satisfied of the three criteria: the respondent is an organisation; members associate for serious criminal activity purposes; and the continued existence is an unacceptable risk to community safety. The Court must consider the information before it including links to serious criminal activity, convictions of members, and involvement (even without conviction) in serious criminal activity.

Court's control order power (section 19): The Court may make a control order if satisfied that: the person is or purports to be a member of a declared organisation; and sufficient grounds exist. The order may impose conditions and may include exemptions from the association prohibition (section 19(7)(a)).

Exemptions in control orders (section 19(7)(a)): The Court may include in a control order an exemption from the association prohibition in section 26. This allows the Court to tailor orders to protect legitimate associations (such as family relationships or professional contexts) from becoming criminal offences.

Ex parte interim orders (section 14(4)): An interim control order may be made in the absence of, and without notice to, the person concerned.

Interstate declarations (Part 3A): The Commissioner may apply to register in NSW a declaration made in another State. Once registered, the interstate declaration has the same effect as a NSW declaration under Part 2.

Section 26 (association): Up to 2 years for a single association; up to 3 years for three or more associations within 3 months; up to 5 years for association after a previous conviction.

Section 26A (recruitment): Up to 5 years.

Section 27 (prescribed activities): Controlled members who carry on a prescribed activity while subject to a control order commit offences under the applicable licensing legislation (since their licences are revoked or suspended). Direct offences may also arise.

Section 35A (failure to disclose identity): An offence for a person to fail or refuse without reasonable excuse to comply with a police officer's request to disclose identity, or to give false or misleading identity information.

Contempt and non-compliance with orders: As Supreme Court orders, control orders carry contempt jurisdiction for non-compliance.

Declaration application (sections 5-13):

• Application filed by Commissioner with affidavit support (section 5).
• Return date within 35 days of filing (section 5(5)(b)).
• Service on respondent within 7 business days of filing by personal service, or within 10 days by public notice if personal service impracticable (section 5(5)(c)).
• Respondent may file a response at least 5 business days before return date (section 6).
• Court may extend return date.

Interim control order (sections 14-17):

• May be made ex parte without notice.
• Commissioner must serve notice personally within 28 days (section 16(1)).
• Notice must include grounds, explanation of the order's effect, names of other known controlled members, objection rights, and the hearing date for the control order.
• Interim order remains in force until confirmed, revoked, or the application is withdrawn or dismissed (section 17).

Control order (sections 18-26):

• Person may object by filing notice of objection and supporting affidavit.
• Court holds hearing.
• Control order confirmed (with or without variations) or interim order revoked.
• Person subject to order may seek expedited hearing in cases of hardship (section 18).

Revocation (section 25):

• Commissioner must apply to revoke a control order if the declaration of the relevant organisation is revoked.
• The controlled member or other affected persons may also seek revocation.

Criminal Assets Recovery Act 1990 (NSW): The definition of 'serious criminal activity' in section 3 is by reference to section 6 of the Criminal Assets Recovery Act. The two Acts form part of NSW's organised crime response legislation.

Prescribed activity statutes: Section 27 creates automatic suspension and revocation effects on licences held under multiple NSW Acts including the Security Industry Act 1997, Firearms Act 1996, Tattoo Industry Act 2012, Casino Control Act 1992, Liquor Act 2007, Tow Truck Industry Act 1998, Motor Dealers and Repairers Act 2013, Pawnbrokers and Second-hand Dealers Act 1996, and racing legislation.

Property (Relationships) Act 1984 (NSW): The definition of 'domestic relationship' in section 26(9) is imported from this Act for the purpose of defining 'close family member'.

Police Act 1990 (NSW): Police officers exercise powers under this Act in the context of their functions under the Police Act.

Purpose of association is irrelevant: Section 26(6) expressly provides that it is not necessary to prove the defendant associated for any particular purpose, or that the association would have led to any offence. A social gathering between two controlled members of the same declared organisation is an offence regardless of why they met.

The three-occasions-in-three-months aggravation: Section 26(1A) creates a separate and more serious offence where controlled members associate three or more times within a three-month period. A defendant facing a single association charge may not realise that the prosecution is also reviewing prior contact to determine whether the aggravated offence applies.

Automatic licence revocation is not discretionary: Section 27 provides that on confirmation of an interim control order by a control order, existing authorisations for prescribed activities are automatically revoked. There is no discretion for the licensing authority; revocation is statutory and immediate. Affected persons cannot continue operating while seeking review.

Ex parte interim orders can take effect immediately on service: A person can find themselves subject to an order they did not know about until served, and the order takes effect from the date of personal service (section 15). The automatic suspension of licences begins on service, not on any later date.

Interstate declarations: Part 3A enables organisations declared in other Australian jurisdictions to be treated as declared organisations in NSW on registration. A person who was not a member of any NSW-declared organisation but is a member of an interstate-declared organisation can be subject to control orders in NSW through this mechanism.

Outlaw motorcycle club member: A member of an outlaw motorcycle club that is a declared organisation receives notice that an interim control order has been made against him. Upon personal service, the interim control order takes effect. If he holds a security industry licence, that licence is automatically suspended. He must not associate with any other controlled member of the club, even socially. He may file objections for the control order hearing.

Three-month association pattern: A controlled member of a declared organisation meets a fellow controlled member for coffee three times over a six-week period. Even if neither intended to commit any criminal act at any of those meetings, section 26(1A) is made out: three or more associations within three months. The prosecutor does not need to prove criminal purpose.

Interstate club recognised: A motorcycle club that has been declared a criminal organisation in Queensland. The NSW Commissioner applies under Part 3A to register the Queensland declaration in NSW. Once registered, NSW members of the club become subject to interim control order applications. Members' NSW security licences are threatened regardless of whether any NSW-specific declaration proceedings are commenced.