NSWIn ForceAct
Crimes (Criminal Organisations Control) Act 2012
16Notice of making of interim control order
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#### 16 Notice of making of interim control order
16 Notice of making of interim control order
> > (1) The Commissioner must, within 28 days after the making of an interim control order, serve notice of the order personally on the person to whom it relates.
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> > (2) The notice must—
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> > > (a) subject to subsection (3), include a statement of the grounds on which the order was made, and
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> > > (b) set out an explanation of the effect of sections 26 and 27, and
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> > > (c) advise the person of the names of any other persons known by the Commissioner to be members of the same declared organisation of which that person is a member and to whom an interim control order or control order relates, and
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> > > (d) set out an explanation of—
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> > > > (i) the right to object to the making of the order at the hearing of the application for the control order, and
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> > > > (ii) the procedure to be followed in notifying the Court before the hearing of the grounds of objection (the notice of objection) and of the need to verify the grounds by affidavit, and
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> > > (e) state the date on which, and the time at which, the hearing of the application for the control order is to be heard.
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> > (3) A statement of the grounds on which an interim control order has been made must not contain information that must not be disclosed in accordance with Part 3B.
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> > (4) A copy of the affidavit verifying the grounds on which the application was made must be attached to the interim control order unless disclosure of information included in the affidavit would be in breach of Part 3B.
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> > (5) If disclosure of information included in the affidavit would be in breach of Part 3B, an edited copy of the affidavit, from which the information that cannot be disclosed has been removed or erased, may be attached to the notice of the interim control order.
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> > (6) A police officer who has reasonable cause to suspect that a person is a person on whom notice of the making of an interim control order is required to be served under this section may—
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> > > (a) request the person to disclose his or her identity, and
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> > > (b) request the person to remain at a particular place for such period (not exceeding 2 hours) as is reasonably necessary to serve the notice.
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> > Note—
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> > It is an offence for a person to fail or refuse without reasonable excuse to comply with a request to disclose his or her identity or to give false or misleading information about his or her identity—see section 35A.
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> > (7) If the person refuses or fails to comply with a request under subsection (6) (b), the police officer may detain the person at that place for such period (not exceeding 2 hours) as is reasonably necessary to serve the notice.
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> **s 16:** Am 2013 No 12, Sch 1 \[8\].