96AOrganised fraud orders

96A Organised fraud orders

Convictions of public fraud offences (1) If: (a) a person has, at the same sitting, been convicted by a court of 3 or more public fraud offences; and (b) the DPP applies to the court for an order under this subsection in relation to each of those offences; and (c) the court is satisfied that the person has derived substantial benefit from the commission of any or all of those offences; the court must, by order, declare each of those offences to be a serious offence. (2) A declaration under subsection (1) only has effect in relation to the convictions concerned. Charges and proposed charges of public fraud offences (3) If: (a) a person has been charged with 3 or more public fraud offences; and (b) the DPP applies to the relevant Supreme Court for an order under this subsection in relation to each of those offences; and (c) the application for the order is supported by an affidavit of a police officer stating that the officer believes that the person has derived substantial benefit from the commission of any or all of those offences; and (d) the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for holding that belief; the court must, by order, declare each of those offences to be a serious offence. (4) A declaration under subsection (3) only has effect in relation to the charges concerned. (5) If: (a) a person is about to be charged with 3 or more public fraud offences; and (b) the DPP applies to the relevant Supreme Court for an order under this subsection in relation to each of those offences; and (c) the application for the order is supported by an affidavit of a police officer stating that the officer believes that the person has derived substantial benefit from the commission of any or all of those offences; and (d) the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for holding that belief; the court must, by order, declare each of those offences to be a serious offence. (6) A declaration under subsection (5) only has effect in relation to the proposed charges concerned. (7) If: (a) a restraining order is granted in reliance on the charging, or proposed charging, of a person with an ordinary indictable offence; and (b) the person is subsequently convicted of the offence; and (c) a court makes an order under subsection (1) in relation to the offence; this Act has effect as if the restraining order had been granted in reliance on the charging, or proposed charging, of the person with a serious offence.