Criminal Organisations Control Act 2012

124K Revocation of unlawful association notice 84

124KA Review of related unlawful association notices on revocation 85

124KB Notice of revocation of unlawful association notice 86

124KC Application for revocation does not stay effect of unlawful association notice 87

Division 3—Internal review of unlawful association notice decisions 87

124L Definitions 87

124M Application for internal review 87

124MA Chief Commissioner may extend time within which an application for internal review may be made 88

124N Decision on internal review 89

124O Amendment of unlawful association notice following review 91

124P Revocation of unlawful association notice following review 92

124Q Application for internal review does not stay effect of unlawful association notice 93

Division 4—Oversight by the IBAC 93

Subdivision 1—Functions and powers of the IBAC 93

124R Functions of the IBAC 93

124S IBAC may request or require answers, documents and information 94

124T Powers of entry and inspection 95

124U The IBAC may recommend that Chief Commissioner take action 95

Subdivision 2—Review of unlawful association notices 96

124V The IBAC must review notices every quarter 96

124W Review may be of only a proportion of notices 96

124X How notice is to be reviewed 98

Subdivision 3—Reports laid before Parliament 98

124Y Annual report 98

124Z Special report 101

124ZA The IBAC to give advance copy of report to Chief Commissioner 102

124ZB Report to be laid before Parliament 102

Subdivision 4—Record keeping and reporting by Chief Commissioner 103

124ZC Chief Commissioner to keep records 103

124ZD Chief Commissioner must report on unlawful association notices 104

Subdivision 5—Offences 109

124ZE Offence to hinder or obstruct an IBAC officer 109

124ZF Compliance with direction or requirement 109

124ZG Statement which is false or misleading 109

Subdivision 6—Miscellaneous 109

124ZH Privilege against self-incrimination abrogated 109

124ZI Certain other immunities and privileges abrogated 110

124ZJ Chief Commissioner to ensure the IBAC is given reasonable assistance 111

124ZK Chief Commissioner to notify the IBAC of certain notices and applications 112

124ZL Exemption from Freedom of Information Act 1982 112

124ZM Non-production of documents and other things in applicable proceeding, process or action 112

Part 5B—Insignia of certain organisations 114

Division 1—Offence to publicly display insignia of Part 5B organisation 114

124ZN Person must not publicly display insignia of Part 5B organisation 114

124ZO Exception—insignia publicly displayed in connection with Part 5B organisation 115

124ZP Exception—insignia publicly displayed not in connection with Part 5B organisation 115

124ZQ Exception—insignia as a tattoo 116

Division 2—Directions to cease public displays 116

124ZR Police officer may direct person to cease public display of insignia 116

124ZS Person specified in direction under section 124ZR must comply with it 117

124ZT Police officer may leave direction requiring cessation of public display of insignia 117

124ZU Person specified in direction under section 124ZT must comply with it 119

Division 3—Search, seizure and forfeiture 120

124ZV Issue of search warrant by magistrate 120

124ZW Police officer may seize property bearing insignia of Part 5B organisation 121

124ZX When seized things become eligible to be collected, and by whom 122

124ZY Collection of seized thing from police station 124

124ZZ Forfeiture of seized thing that is not collected 125

124ZZA Forfeiture of seized thing that is not a motor vehicle 125

124ZZB Forfeiture of seized motor vehicle 126

Division 4—Regulations 127

124ZZC Regulations 127

Part 5C—Exclusion of members of certain organisations from Victorian Government worksites 129

124ZZD Members of Part 5C organisations must not enter certain areas at Victorian Government worksites 129

124ZZE Regulations 130

Part 6—General 133

Division 1—Corporate criminal responsibility 133

125 Definitions 133

126 Corporate criminal responsibility for certain offences against this Act 134

Division 2—Service 135

127 General rules as to service 135

128 Service on an individual 135

Division 4—Reporting 136

133 Annual report 136

Division 5—Other matters 141

134 Information sharing 141

135 Nature of proceedings under Act 142

135B Costs 143

135C Adjournment before costs order made 144

136 Delegation 144

137A Review following Criminal Organisations Control Amendment Act 2024 145

138 Regulations 146

Part 7—Transitional provisions 148

139 Confiscation and Other Matters Amendment Act 2016 148

140 Criminal Organisations Control Amendment Act 2024 148

Schedule 1—Applicable offences 149

═══════════════

Endnotes 152

1 General information 152

2 Table of Amendments 154

3 Explanatory details 156

Version No. 017

Criminal Organisations Control Act 2012

No. 80 of 2012

Version incorporating amendments as at

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purposes

The main purposes of this Act are—

S. 1(a) substituted by No. 37/2024 s. 38(1).

(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

S. 1(b) amended by No. 37/2024 s. 38(2).

(b) to provide for the recognition and application of serious crime prevention orders made under corresponding laws; and

S. 1(ba) inserted by No. 48/2015 s. 3, substituted by No. 37/2024 s. 30.

(ba) to prevent and inhibit criminal activity by—

(i) providing for individuals to be prohibited from associating with individuals convicted of serious criminal offences; and

(ii) thereby preventing and inhibiting the establishment, maintenance and expansion of criminal groups and criminal networks; and

S. 1(bb) inserted by No. 37/2024 s. 88.

(bb) to prohibit the public display of the insignia of certain organisations; and

S. 1(bc) inserted by No. 37/2024 s. 95.

(bc) to prohibit adult members of certain organisations from entering into Victorian Government worksites; and

(c) to make related amendments to other Acts.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 November 2013, it comes into operation on that day.

3 Definitions

(1) In this Act—

S. 3(1) def. of Adult Parole Board inserted by No. 48/2015 s. 4.

Adult Parole Board means the Adult Parole Board established under section 61 of the Corrections Act 1986;

S. 3(1) def. of applicable offence substituted by No. 55/2014 s. 60(a), amended by No. 37/2024 s. 13(1).

applicable offence means—

(a) an indictable offence that is punishable by at least 10 years imprisonment; or

(b) an offence specified in an item of Schedule 1; or

See also section 10.

(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

(d) an offence against a law of—

(i) the Commonwealth; or

(ii) another State; or

(iii) a Territory—

that is equivalent to an offence referred to in paragraph (a), (b) or (c);

S. 3(1) def. of appropriate place repealed by No. 37/2024 s. 39(1).

S. 3(1) def. of associate repealed by No. 37/2024 s. 39(1).

S. 3(1) def. of associate with substituted by No. 37/2024 s. 4.

associate with has the meaning given by section 4;

S. 3(1) def. of Australian law enforcement agency insertedby No. 37/2024 s. 28.

Australian law enforcement agency means—

(a) Victoria Police; or

(b) the Australian Federal Police; or

(c) a police force or police service of another State or a Territory; or

(d) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of a State or a Territory;

S. 3(1) def. of carry on a business repealed by No. 37/2024 s. 39(1).

S. 3(1) def. of Chief Commis-sioner amended by No. 37/2014 s. 10(Sch. item 40,1(b)).

Chief Commissioner means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;

S. 3(1) def. of control order repealed by No. 37/2024 s. 39(1).

S. 3(1) def. of convicted offender inserted by No. 48/2015 s. 4, repealed by No. 37/2024 s. 13(2).

S. 3(1) def. of correspond-ing control order repealed by No. 37/2024 s. 39(1).

S. 3(1) def. of correspond-ing declaration repealed by No. 37/2024 s. 39(1).

S. 3(1) def. of correspond-ing order substituted by No. 37/2024 s. 39(3).

corresponding order means an order made under a provision of a law of another jurisdiction that is prescribed for the purposes of this definition;

S. 3(1) def. of County Court registrar inserted by No. 37/2024 s. 39(4).

County Court registrar means the registrar of the County Court;

S. 3(1) def. of Court amended by No. 37/2024 s. 39(2).

Court means the County Court;

S. 3(1) def. of criminal history repealed by No. 37/2024 s. 39(1).

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—

(a) prejudice a criminal investigation, including by revealing intelligence-gathering methodologies, investigative techniques or technologies, or covert practices; or

(b) enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or

(c) endanger a person's life or physical safety;

criminal intelligence protection order has the meaning given by section 70(1);

S. 3(1) def. of criminal purpose repealed by No. 37/2024 s. 39(1).

S. 3(1) def. of declaration repealed by No. 37/2024 s. 39(1).

S. 3(1) def. of declared individual repealed by No. 37/2024 s. 39(1).

S. 3(1) def. of declared organisation repealed by No. 37/2024 s. 39(1).

S. 3(1) def. of declared organisation member repealed by No. 37/2024 s. 39(1).

S. 3(1) def. of eligible offender insertedby No. 37/2024 s. 13(3).

eligible offender has the meaning given by section 5;

S. 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.

family member has the meaning given by section 5A;

S. 3(1) def. of financial institution inserted by No. 37/2024 s. 39(4).

financial institution has the same meaning as in the Confiscation Act 1997;

S. 3(1) def. of gazetted event or gathering inserted by No. 48/2015 s. 4.

gazetted event or gathering means an event or gathering specified in an order under section 124C;

S. 3(1) def. of health service inserted by No. 48/2015 s. 4.

health service has the same meaning as in the Health Practitioner Regulation National Law (Victoria);

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;

S. 3(1) def. of IBAC insertedby No. 37/2024 s. 28.

IBAC has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011;

S. 3(1) def. of IBAC Officer insertedby No. 37/2024 s. 28.

IBAC Officer has the same meaning as in the Independent Broad-based Anti‑corruption Commission Act 2011;

S. 3(1) def. of incorporated association repealedby No. 37/2024 s. 39(1).

S. 3(1) def. of incorporated associations Registrar repealedby No. 37/2024 s. 39(1).

S. 3(1) def. of insignia insertedby No. 37/2024 s. 89(1).

insignia of an organisation has the meaning given by section 5B;

S. 3(1) def. of integrity body insertedby No. 37/2024 s. 28.

integrity body means—

(a) the IBAC; or

(b) an integrity body within the meaning of the Independent Broad-based Anti‑corruption Commission Act 2011;

S. 3(1) def. of Integrity Oversight Victoria insertedby No. 37/2024 s. 28.

Integrity Oversight Victoria has the same meaning as in the Integrity Oversight Victoria Act 2011;

S. 3(1) def. of intelligence agency insertedby No. 37/2024 s. 28.

intelligence agency means—

(a) the Australian Security Intelligence Organisation; or

(b) the Australian Secret Intelligence Service; or

(c) the Australian Signals Directorate; or

(d) the Office of National Intelligence; or

(e) the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth;

S. 3(1) def. of involved insertedby No. 37/2024 s. 99(1).

involved, in relation to serious criminal activity, has the meaning given by section 5C;

S. 3(1) def. of law enforcement officer amended by No. 37/2014 s. 10(Sch. item 40.1(c)).

law enforcement officer means—

(a) a police officer; or

(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;

S. 3(1) def. of lawful association authority inserted by No. 48/2015 s. 4.

lawful association authority means an authority granted under section 124B;

S. 3(1) def. of lawyer amendedby No. 37/2024 s. 102(1).

lawyer means an Australian lawyer within the meaning of the Legal Profession Uniform Law (Victoria);

S. 3(1) def. of mark insertedby No. 37/2024 s. 89(1).

mark means—

(a) an image or symbol, including a logo; or

(b) a piece of text, including a name, abbreviation or acronym;

S. 3(1) def. of member amended by Nos 55/2014 s. 60(b), 37/2024 ss 89(2), 96(2), 104(1).

member, of an organisation, includes—

(a) an individual who is a current member of the organisation because the individual—

(i) has paid a membership fee to be a member of the organisation; or

(ii) has been accepted as a member of the organisation through another process set by the organisation; or

(b) an honorary member of the organisation; or

(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

(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

(e) an office holder of the organisation;

S. 3(1) def. of member of Victoria Police repealed by No. 37/2014 s. 10(Sch. item 40.1(d)).

S. 3(1) def. of member of Victoria Police personnel insertedby No. 37/2024 s. 28.

member of Victoria Police personnel has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of motor vehicle insertedby No. 37/2024 s. 89(1).

motor vehicle has the same meaning as in the Road Safety Act 1986;

office holder, of an organisation, has the meaning given by section 6;

organisation has the meaning given by section 7;

S. 3(1) def. of Part 5B organisation insertedby No. 37/2024 s. 89(1).

Part 5B organisation means a prescribed organisation;

Special provisions apply to the making of regulations for the purposes of this definition—see section 124ZZC(2) and (3).

S. 3(1) def. of Part 5C organisation insertedby No. 37/2024 s. 96(1).

Part 5C organisation means a prescribed organisation;

Special provisions apply to the making of regulations for the purposes of this definition—see section 124ZZE(2).

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 40.1(a)).

police officer has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of police procedures regarding unlawful association insertedby No. 37/2024 s. 28.

police procedures regarding unlawful association means—

(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

(b) any other policies, procedures or guidelines of Victoria Police to the extent that they relate to the unlawful association provisions;

S. 3(1) def. of Post Sentence Authority inserted by No. 57/2017 s. 46(1), substituted by No. 27/2018 s. 356.

Post Sentence Authority means the Post Sentence Authority continued in existence under section 290 of the Serious Offenders Act 2018;

S. 3(1) def. of prohibitive declaration inserted by No. 55/2014 s. 60(d), repealed by No. 27/2016 s. 27.

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;

prospective member has the meaning given by section 8;

protected criminal intelligence means criminal intelligence that is the subject of a criminal intelligence protection order;

S. 3(1) def. of Prothonotary repealedby No. 37/2024 s. 39(1).

S. 3(1) def. of public place insertedby No. 37/2024 s. 89(1).

public place has the same meaning as in the Summary Offences Act 1966;

S. 3(1) def. of publicly display insertedby No. 37/2024 s. 89(1).

publicly display has the meaning given by section 8A;

S. 3(1) def. of registered correspond-ing control order repealedby No. 37/2024 s. 39(1).

S. 3(1) def. of registered correspond-ing declaration repealedby No. 37/2024 s. 39(1).

S. 3(1) def. of registered correspond-ing order inserted by No. 37/2024 s. 39(4).

registered corresponding order means a corresponding order registered under section 101;

S. 3(1) def. of related organisation substituted by No. 55/2014 s. 60(c), repealed by No. 37/2024 s. 39(1).

S. 3(1) def. of related organisation member repealed by No. 37/2024 s. 39(1).

S. 3(1) def. of related unlawful association notice insertedby No. 37/2024 s. 19.

related unlawful association notice has the meaning given by section 8B;

respondent has the meaning given by section 9;

S. 3(1) def. of restrictive declaration inserted by No. 55/2014 s. 60(d), repealed by No. 27/2016 s. 27.

S. 3(1) def. of senior police officer inserted by No. 48/2015 s. 4.

senior police officer means a police officer of or above the rank of senior sergeant;

S. 3(1) def. of serious crime prevention order insertedby No. 37/2024 s. 39(4).

serious crime prevention order means an order under section 16(1);

S. 3(1) def. of serious criminal activity substitutedby No. 37/2024 s. 99(2).

serious criminal activity has the meaning given by section 9A;

S. 3(1) def. of unlawful association notice inserted by No. 48/2015 s. 4.

unlawful association notice means a notice issued under section 124D or 124E;

S. 3(1) def. of unlawful association provisions insertedby No. 37/2024 s. 28.

unlawful association provisions means—

(a) Part 5A; and

(b) the other provisions of this Act to the extent that they relate to Part 5A; and

(c) regulations made for the purposes of Part 5A; and

(d) regulations made for the purposes of the other provisions of this Act to the extent that those regulations relate to Part 5A;

S. 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).

Victoria Police has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of Victorian Government worksite insertedby No. 37/2024 s. 96(1).

Victorian Government worksite means a prescribed area.

Special provisions apply to the making of regulations for the purposes of this definition—see section 124ZZE(3).

S. 3(2) repealed by No. 37/2024 s. 39(5).

S. 4 repealed by No. 55/2014 s. 61, new s. 4 inserted by No. 37/2024 s. 5.

4 Meaning of *associate with*

(1) For the purposes of this Act, a person associates with another person—

(a) by being in the other person's company—

(i) having sought the other person's company; or

(ii) having accepted being in the person's company; or

(b) by being in communication with the other person—

(i) having sought to be in communication with the other person; or

(ii) having accepted being in communication with the other person.

(2) A reference in subsection (1) to communication includes communication of any kind, including electronic communication.

S. 5 amended by No. 55/2014 s. 145, substituted by No. 37/2024 s. 14.

5 Meaning of *eligible offender*

(1) For the purposes of this Act, an individual is an eligible offender if—

(a) they were convicted of an applicable offence; and

(b) they were 18 years old or older when the offence was committed; and

(c) that conviction has not become spent under the Spent Convictions Act 2021.

(2) Additionally, an individual is an eligible offender for the purposes of this Act if—

(a) they are 18 years old or older; and

(b) they were convicted of a Category A serious youth offence within the meaning of section 3(1) of the Sentencing Act 1991; and

(c) they committed that offence before turning 18 years old; and

(d) no more than 2 years has elapsed since the commission of the offence.

(3) It does not matter whether the conviction referred to in subsection (1) or (2) was imposed before the commencement of this section.

(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.

S. 5A inserted by No. 37/2024 s. 8.

5A Meaning of *family member*

(1) For the purposes of this Act, each of the following persons is a family member of a person (the relevant person)—

(a) a person who is or has been married to the relevant person;

(b) a person who is the relevant person's—

(i) parent or grandparent; or

(ii) child or grandchild; or

(iii) sibling; or

(iv) first cousin;

(c) a person who is—

(i) the sibling of one of the person's parents; or

(ii) the child of one of the person's siblings;

(d) if the relevant person has or has had a domestic partner—

(i) that domestic partner; and

(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;

(e) a person with whom the relevant person has or has had an intimate personal relationship;

(f) a child of a person with whom the relevant person has or has had an intimate personal relationship;

(g) if the relevant person and another person both have, or have had, parental responsibility for the same child, that other person;

(h) a person with whom the relevant person normally or regularly resided when either of them was a child;

(i) a person who is or has been the relevant person's guardian;

(j) a person for whom the relevant person is or has been a guardian;

(k) a person to whom the relevant person provides, or has provided, domestic support and personal care, other than support and care provided—

(i) for fee or reward; or

(ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

(l) a person who provides, or has provided, the relevant person with support and care described in paragraph (k);

(m) if the relevant person—

(i) is descended from an Aboriginal person or a Torres Strait Islander; and

(ii) identifies as an Aboriginal person or a Torres Strait Islander; and

(iii) is accepted as an Aboriginal person or as a Torres Strait Islander by an Aboriginal or Torres Strait Islander community—

a 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).

(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—

(a) a relationship of the whole blood or
half-blood; or

(b) a relationship that arises because of a marriage (including a marriage that has since been the subject of a divorce); or

(c) a relationship that arises because of adoption.

(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.

domestic partner has the same meaning as in the Family Violence Protection Act 2008;

parental responsibility has the same meaning as in the Children, Youth and Families Act 2005.

S. 5B inserted by No. 37/2024 s. 90.

5B Meaning of *insignia*

(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—

(a) denotes that organisation (including by being the organisation's name or logo); or

(b) indicates membership of that organisation; or

(c) indicates an association with the organisation.

(2) A mark that consists of "1%" or "1%er" is an insignia of an organisation if—

(a) the mark relates to that organisation in a way described by subsection (1)(a), (b) or (c); and

(b) that organisation is a motorcycle club.

S. 5C inserted by No. 37/2024 s. 100.

5C Meaning of *involved* in serious criminal activity

For the purposes of this Act, to do any of the following things is to be involved in serious criminal activity—

(a) to engage in serious criminal activity;

(b) to engage in conduct that facilitates another person engaging in serious criminal activity;

(c) to engage in conduct that is reasonably likely to facilitate another person engaging in serious criminal activity.

6 Meaning of *office holder*

(1) For the purposes of this Act, an office holder of an organisation is—

(a) if the organisation is a company or a registered foreign company within the meaning of the Corporations Act—

(i) an officer as defined under section 9 of that Act;

(ii) an individual who is a local agent within the meaning of that Act;

(b) if the organisation is an incorporated association—an office holder within the meaning of section 82 of the Associations Incorporation Reform Act 2012;

(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;

(d) if the organisation is an unincorporated body or association—

(i) an individual holding the position of president, vice president, secretary or treasurer of the body or association; or

(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

(iii) an individual in control of all or a substantial part of the activities of the organisation.

(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.

An individual appointed as the sergeant at arms or a road captain by a motorcycle club would be an individual to whom subsection (2) applies.

7 Meaning of *organisation*

(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—

(a) is based in Victoria or elsewhere; or

(b) consists of persons who are or are not ordinarily resident in Victoria; or

(c) is part of a larger organisation; or

(d) is affiliated with another organisation.

A chapter of a motorcycle club could be an organisation to which paragraph (c) or (d) applies.

(2) To avoid doubt, for the purposes of this Act, an organisation can include individuals who are related to one another.

8 Meaning of *prospective member*

(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.

(2) For the purposes of this Act, a prospective member of an organisation includes—

(a) an individual who members of the organisation describe as a "prospect" or "nominee" of the organisation;

(b) an individual nominated or sponsored by a member of the organisation for the purpose of that individual becoming a member of the organisation;

S. 8(2)(c) amended by No. 55/2014 s. 62.

(c) an individual who wears or displays—

S. 8(2)(c)(i) amended by No. 37/2024 s. 91.

(i) some, or an incomplete version, of the organisation's insignia; or

S. 8(2)(c)(ii) amended by No. 37/2024 s. 91.

(ii) a specific identifier in the place of some or all of the organisation's insignia which identifies the individual as a prospective member;

(d) an individual undertaking a period of probationary membership with the organisation.

S. 8A inserted by No. 37/2024 s. 92.

8A Meaning of *publicly display*

(1) For the purposes of this Act, to publicly display a thing is to display it either—

(a) in a public place; or

(b) so that it is visible from a public place.

(2) To publish a thing on the Internet is not to publicly display it for the purposes of this Act.

Uploading an image to a social media website.

(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.

Displaying, on a screen in a public place, an image as published on a social media website.

S. 8B inserted by No. 37/2024 s. 20.

8B Meaning of *related unlawful association notice*

For the purposes of this Act, the following notices are all related unlawful association notices in relation to each other—

(a) an unlawful association notice issued under section 124D(1); and

(b) each unlawful association notice issued under section 124E in respect of an eligible offender specified in the notice referred to in paragraph (a).

S. 9 substituted by No. 37/2024 s. 40.

9 Meaning of *respondent*

For the purposes of this Act, a respondent is—

(a) for an application for a serious crime prevention order—the individual identified in the application in accordance with section 14(2)(b); or

(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

(c) for an application for the variation or revocation of a serious crime prevention order under section 21(2)—the Chief Commissioner; or

(d) for an application for the renewal of a serious crime prevention order under section 26—the individual to whom the order applies; or

(e) for an application for registration of a corresponding order under section 99—the individual to whom the order applies; or

(f) for an application for a variation of a registered corresponding order under section 113—the individual to whom the order applies; or

(g) for an application to cancel the registration of a registered corresponding order under section 119—the individual to whom the order applies.

S. 9A inserted by No. 37/2024 s. 101.

9A Meaning of *serious criminal activity*

(1) Conduct—

(a) that has been engaged in; and

(b) that constitutes an applicable offence—

is serious criminal activity for the purposes of this Act.

(2) For the purposes of subsection (1), it does not matter—

(a) whether the conduct constitutes more than one applicable offence; or

(b) whether the conduct occurred before or after the commencement of this section; or

(c) whether a person has been charged with an applicable offence in relation to that conduct; or

(d) whether any prosecution for such an offence has concluded with an acquittal or a finding of guilt or in any other way.

(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.

(4) For the purposes of subsection (3), it does not matter whether the conduct would constitute more than one applicable offence.

S. 10 (Heading) amended by No. 37/2024 s. 15(1).

S. 10 amended by No. 37/2024 s. 15(2).

10 Descriptions of offences in Schedule 1

In Schedule 1, a description following a reference to an offence against a provision of an Act—

(a) is provided for convenience of reference only; and

(b) does not affect—

(i) the operation of the provision or this Act; or

(ii) the nature or elements of an offence against the provision; and

(c) must be disregarded if it is inconsistent with the provision.

S. 11 amended by No. 37/2024 s. 97(1)(2) (ILA s. 39B(1)).

11 Intention of Parliament that exercise of powers under this Act not diminish certain rights

(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.

S. 11(2) inserted by No. 37/2024 s. 97(2).

(2) Subsection (1) has no application in relation to Part 5C.

12 Extra-territorial operation

It 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—

(a) land situated outside Victoria, whether in or outside Australia;

(b) things situated outside Victoria, whether in or outside Australia;

(c) acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia;

(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.

13 Crown to be bound

This 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.

Pt 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.

Part 2—Serious crime prevention orders

Division 1—Making of serious crime prevention orders

S. 14 substituted by No. 37/2024 s. 41.

14 Chief Commissioner may apply for serious crime prevention order

(1) The Chief Commissioner may apply to the Court for a serious crime prevention order.

(2) An application for a serious crime prevention order must—

(b) identify the individual in respect of whom the order is sought; and

(c) state the grounds on which the order is sought; and

(d) state the conditions that are sought to be imposed under the order; and

(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.

(3) The application must be accompanied by at least one affidavit which addresses the grounds on which the serious crime prevention order is sought.

See 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.

(4) The Chief Commissioner must cause the application to be served on the respondent as soon as practicable after the application is made.

S. 15 substituted by No. 37/2024 s. 41.

15 Hearing of application

(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.

(2) However, the Court may hear and determine the application even if the respondent does not appear.

S. 16 substituted by No. 37/2024 s. 41.

16 Court may make serious crime prevention order

(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—

(a) either—

(i) the respondent is an eligible offender; or

(ii) subject to subsection (2), the respondent has been involved in serious criminal activity while aged 18 years old or older; and

(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

(c) the imposition of the conditions is otherwise appropriate in all the circumstances.

Section 17 sets out some of the conditions that the Court may impose under the order.

(2) For the purposes of subsection (1)(a)(ii), if—

(a) the respondent committed an applicable offence; and

(b) the respondent was convicted of that offence; and

(c) that conviction has become spent under the Spent Convictions Act 2021—

the respondent is not to be taken to have been involved in serious criminal activity by having committed that offence.

(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.

(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—

(a) an undertaking that the respondent has given to a court (including a bail undertaking); or

(b) an order made, or a direction given, by a court or a tribunal; or

(c) a correctional order within the meaning of the Corrections Act 1986; or

(d) a family violence safety notice issued under the Family Violence Protection Act 2008; or

(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

(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

(g) a recognised DVO within the meaning of the National Domestic Violence Order Scheme Act 2016; or

(h) a firearm prohibition order within the meaning of Part 4A of the Firearms Act 1996; or

(i) any other instrument that the Court is aware applies to the respondent.

S. 17 substituted by No. 37/2024 s. 41.

17 Conditions that may be imposed

(1) The conditions that the Court may impose under a serious crime prevention order include conditions that do the following things—

(a) prohibit the respondent from associating with—

(i) a specified individual; or

(ii) individuals of a specified class;

(b) prohibit the respondent from leaving Victoria or Australia;

(c) prohibit the respondent from entering a specified place;

(d) prohibit the respondent from possessing or using firearms or other weapons;

(e) prohibit the respondent from possessing more than a specified amount of cash;

(f) prohibit the respondent from possessing or using specified telecommunications devices, or telecommunications devices of a specified class;

(g) prohibit the respondent from accessing or decrypting encrypted information of a specified class;

(h) prohibit the respondent from undertaking a specified activity in respect of—

(i) specified property; or

(ii) property of a specified class;

(i) prohibit the respondent from having more than a specified number of accounts in their name with financial institutions;

(j) prohibit the respondent from engaging in specified business activities;

(k) prohibit the respondent from using an alias;

(l) require the respondent to—

(i) notify Victoria Police before, or within a specified time after, doing a specified thing; or

(ii) give Victoria Police specified information in relation to the doing of that thing.

Subsection (2) sets out things in relation to which the respondent may be required to notify or inform Victoria Police.

(2) Without limiting subsection (1)(l), a condition referred to in that provision may relate to the respondent doing any of the following things—

(a) changing their residential address;

(b) leaving Victoria or Australia;

(c) becoming or ceasing to be an employee;

(d) becoming or ceasing to be—

(i) the registered operator (within the meaning of the Road Safety Act 1986) of a vehicle (within the meaning of that Act); or

(ii) the owner of a vehicle.

(3) A reference in subsection (1) to a condition prohibiting the respondent from doing a thing includes prohibiting that thing either—

(a) absolutely; or

(b) only in specified circumstances or in a specified manner.

(4) Nothing in this section—

(a) prevents the Court from imposing a condition that—

(i) deals with a matter dealt with by a condition referred to in subsection (1); and

(ii) deals with it differently from how the condition in subsection (1) deals with it; or

(b) otherwise limits the power of the Court to impose conditions under the serious crime prevention order.

S. 18 substituted by No. 37/2024 s. 41.

18 Content of serious crime prevention order

The Court must specify in a serious crime prevention order—

(a) the individual to whom the order applies; and

(b) the grounds on which the order is made; and

(c) the conditions imposed under the order; and

(d) the day on which the order is made.

Section 19 also requires certain other matters to be specified in the order in relation to its duration.

S. 19 substituted by No. 37/2024 s. 41.

19 Duration of serious crime prevention order

(1) In making a serious crime prevention order, the Court must specify in the order—

(a) the day on which the order is to take effect; and

(b) the duration of the order, which must not be longer than 5 years.

(2) A serious crime prevention order—

(a) takes effect on the day specified in the order under subsection (1)(a) unless section 24(2) applies; and

Section 24(2) provides for a varied serious crime prevention order to take effect on the day specified in the varied order.

(b) remains in effect for—

(i) the duration specified in the order under subsection (1)(b); or

(ii) if that duration is varied under section 23, the duration as varied—

unless sooner revoked.

S. 20 substituted by No. 37/2024 s. 41.

20 Service of serious crime prevention order

The 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.

Division 2—Variation or revocation of serious crime prevention orders

S. 21 substituted by No. 37/2024 s. 41.

21 Application for variation or revocation

(1) The Chief Commissioner may apply to the Court for the variation or revocation of a serious crime prevention order.

(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.

(3) The Court may grant leave to apply under subsection (2) if—

(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

(b) the Court is satisfied that there has been a substantial change in circumstances since the serious crime prevention order was made.

S. 22 substituted by No. 37/2024 s. 41.

22 Form and content of application

(1) An application under section 21(1) or (2) must—

(b) state the grounds on which the variation or revocation of the serious crime prevention order is sought.

(2) An application must be accompanied by an affidavit which addresses the grounds on which the variation or revocation is sought.

(3) An application must be served on the respondent as soon as practicable after the application is made.

S. 23 substituted by No. 37/2024 s. 41.

23 Determination of application for variation or revocation

(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).

(2) The Court may vary the serious crime prevention order if—

(a) the Court considers that—

(i) there has been a substantial change in circumstances since the order was made; and

(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

Section 16(1)(b) and (c) sets out what the Court must be satisfied of in relation to the conditions imposed under the order.

(b) the respondent consents to the variation.

(3) Nothing in this section permits the Court to vary the order so that it remains in effect for longer than 5 years.

(4) Section 16(4) applies in relation to the imposition of conditions as part of the variation of a serious crime prevention order.

Section 16(4) requires the Court to have regard to what is already required of the respondent by various other instruments.

(5) The Court may revoke the serious crime prevention order if—

(a) the Court is no longer satisfied as described in section 16(1); or

(b) the respondent consents to the revocation.

(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.

S. 24 substituted by No. 37/2024 s. 41.

24 Court must specify when variation or revocation takes effect

(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.

(2) A varied serious crime prevention order takes effect as varied on the day specified in the order under subsection (1).

(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.

(4) A serious crime prevention order is revoked on the day specified in the order revoking it under subsection (3).

(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.

S. 25 substituted by No. 37/2024 s. 41.

25 Service requirements if serious crime prevention order varied or revoked

(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.

(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.

(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.

Division 3—Renewal of serious crime prevention orders

S. 26 substituted by No. 37/2024 s. 41.

26 Application for renewal of serious crime prevention order

(1) The Chief Commissioner may apply to the Court for the renewal of a serious crime prevention order.

(2) The application must be made before the serious crime prevention order ceases to have effect.

(3) The application must—

(a) meet the requirements that, under section 14(2), must be met by an application for a serious crime prevention order; and

(b) be accompanied by at least one affidavit which addresses the grounds on which the renewal of the serious crime prevention order is sought.

(4) The Chief Commissioner must cause the application to be served on the respondent as soon as practicable after the application is made.

S. 27 substituted by No. 37/2024 s. 41.

27 Court may renew serious crime prevention order

(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.

Section 16(1)(b) and (c) sets out what the Court must be satisfied of in relation to the conditions imposed under the order.

(2) The Court may renew the serious crime prevention order even if the order ceases to have effect before the Court determines the application.

(3) The Court must specify in the renewed serious crime prevention order—

(a) the individual in respect of whom the order is made; and

(b) the grounds on which the order was renewed; and

(c) the conditions imposed under the order; and

(d) the day on which the order is renewed.

Section 28 also requires certain other matters to be specified in the order in relation to its duration.

(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).

(5) Section 16(4) applies in relation to the imposition of conditions under a renewed serious crime prevention order.

Section 16(4) requires the Court to have regard to what is already required of the respondent by various other instruments.

S. 28 substituted by No. 37/2024 s. 41.

28 Duration of renewed serious crime prevention order

(1) In renewing a serious crime prevention order, the Court must specify in the order—

(a) the day on which the order is to take effect; and

(b) the duration of the order, which must not be longer than 5 years.

(2) A renewed serious crime prevention order—

(a) takes effect on the day specified in the order under subsection (1)(a) unless section 24(2) applies; and

Section 24(2) provides for a varied serious crime prevention order to take effect on the day specified in the varied order.

(b) remains in effect for—

(i) the duration specified in the order under subsection (1)(b); or

(ii) if that duration is varied under section 23, the duration as varied—

unless sooner revoked.

S. 29 substituted by No. 37/2024 s. 41.

29 Service of renewed serious crime prevention order

The 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.

S. 30 substituted by No. 37/2024 s. 41.

30 Serious crime prevention order may be renewed more than once

A serious crime prevention order may be renewed more than once.

Division 4—Contravention of serious crime prevention orders

S. 31 substituted by No. 37/2024 s. 41.

31 Offence to contravene serious crime prevention order

(1) An individual who either—

(a) knows that a serious crime prevention order that applies to them is in effect; or

(b) is reckless as to that fact—

must not contravene a condition imposed under that order.

(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.

(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—

(a) that the individual to whom the order applies associated with that other individual for any particular purpose; or

(b) that the association would have led to the commission of any offence.

Pt 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.

Part 4—Protection of criminal intelligence

Division 1—Preliminary

69 Definitions

In this Part—

protection application means an application under section 70 for a criminal intelligence protection order;

S. 69 def. of relevant party inserted by No. 37/2024 s. 43(1).

relevant party to a substantive application means—

(a) if the substantive application was made by the Chief Commissioner, the respondent to the application; or

(b) otherwise, the person who made the application;

S. 69 def. of substantive application amended by No. 37/2024 s. 43(2).

substantive application means—

(a) an application for a serious crime prevention order; or

(b) an application for the revocation of a serious crime prevention order; or

(c) an application for the variation of a serious crime prevention order; or

(ca) an application for the renewal of a serious crime prevention order; or

(d) an application for the registration of a corresponding order referred to the Court under section 102; or

(e) an application—

(i) for the variation of a registered corresponding order; or

(ii) for the cancellation of the registration of a registered corresponding order.

Division 2—Criminal intelligence protection orders

70 Application for criminal intelligence protection order

S. 70(1) amended by No. 37/2024 s. 44.

(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.

Criminal intelligence is defined in section 3(1). An application for a criminal intelligence protection order is called a protection application—see section 69.

(2) A protection application must—

(b) state the grounds on which the order is sought; and

(c) be accompanied by an affidavit which addresses the grounds on which the order is sought.

71 Appointment and role of special counsel

S. 71(1) amended by No. 37/2024 s. 45(1).

(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.

S. 71(2) amended by No. 37/2024 ss 45(1), 102(2).

(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.

S. 71(3) amended by No. 37/2024 s. 45(2).

(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.

(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—

S. 71(4)(a) amended by No. 37/2024 s. 45(3)(a).

(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

S. 71(4)(b) amended by No. 37/2024 s. 45(3)(b).

(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.

(5) The special counsel—

S. 71(5)(a) amended by No. 37/2024 s. 104(2)(a).

(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

S. 71(5)(b) amended by No. 37/2024 ss 45(4), 104(2)(b).

(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.

S. 72 (Heading) amended by No. 37/2024 s. 46(1).

72 Adjournment to allow special counsel to communicate with relevant party

S. 72(1) amended by No. 37/2024 s. 46(2).

(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).

(2) Subsection (1) does not limit any other power of the Court to adjourn a proceeding.

73 Protection application to be heard in closed court unless Court orders otherwise

(1) Unless the Court orders otherwise, a protection application must be heard in closed court.

(2) The Court may make an order under subsection (1) if it considers it appropriate to do so.

(3) If the protection application is heard in closed court, the only persons who may be present at the hearing are—

S. 73(3)(a) amended by No. 37/2024 s. 104(3).

(a) the Chief Commissioner or the Chief Commissioner's delegate;

(b) any lawyers representing the Chief Commissioner;

(c) a special counsel appointed under section 71 in relation to the application;

(d) any witnesses who may be called to give evidence;

(e) the presiding judge and any court staff necessary for the hearing.

(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—

(a) stating that the hearing is being held in closed court; and

(b) stating who may be present at the hearing; and

(c) stating that it is an offence for anyone else to enter or attempt to enter the place where the hearing is being held.

S. 73(5) substituted by No. 37/2024 s. 47.

(5) If the Court makes an order under subsection (1)—

(a) the Chief Commissioner may withdraw the protection application; and

(b) if the substantive application was made by the Chief Commissioner, the Chief Commissioner may withdraw that application (or both applications).

S. 73(6) repealed by No. 37/2024 s. 103(1).

74 Offence to enter closed court

(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.

(3) If—

(a) a person is charged with an offence against subsection (1); and

(b) the prosecution proves that a notice was posted in accordance with section 73(4) at the time of the alleged offence—

the 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.

S. 74(4) repealed by No. 37/2024 s. 103(2).

75 Determining protection application

(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—

(a) the information, document, thing or part is criminal intelligence; and

S. 75(1)(b) amended by No. 37/2024 s. 48(1).

(b) the reasons for maintaining the confidentiality of the criminal intelligence outweigh any prejudice or unfairness to the relevant party to the substantive application.

(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—

(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

S. 75(2)(b) substituted by No. 37/2024 s. 48(2).

(b) if the substantive application was made by the Chief Commissioner, the Chief Commissioner may withdraw the substantive application.

S. 75(3) amended by No. 37/2024 s. 48(3).

(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.

76 Admissibility of protected criminal intelligence

To 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.

77 Offence to publish report of hearing of protection application

(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.

(3) The Court may make an order under subsection (1) if it considers it appropriate to do so.

Division 3—How protected criminal intelligence is dealt with in substantive applications

78 Division applies to the *relevant part* of a substantive application

(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.

Protected criminal intelligence is criminal intelligence that is the subject of a criminal intelligence protection order—see section 3(1).

(2) In this Division, the part of proceedings referred to in subsection (1) is called the relevant part.

79 Appointment and role of special counsel

S. 79(1) amended by No. 37/2024 s. 49(1).

(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.

S. 79(2) amended by No. 37/2024 ss 49(1), 102(3).

(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.

S. 79(3) amended by No. 37/2024 s. 49(1).

(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.

S. 79(4) amended by No. 37/2024 s. 49(2).

(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.

S. 79(5) amended by No. 37/2024 s. 49(3).

(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.

(6) If the special counsel is the same person as the special counsel appointed under section 71, the special counsel—

S. 79(6)(a) amended by No. 37/2024 s. 49(4)(a).

(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

S. 79(6)(b) amended by No. 37/2024 s. 49(4)(b).

(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.

(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—

S. 79(7)(a) amended by No. 37/2024 s. 49(5)(a).

(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

S. 79(7)(b) amended by No. 37/2024 s. 49(5)(b).

(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.

(8) The special counsel—

S. 79(8)(a) amended by No. 37/2024 s. 104(4)(a).

(a) must not perform their role in a manner that compromises the confidentiality of all or any part of the protected criminal intelligence; and

S. 79(8)(b) amended by No. 37/2024 ss 49(6), 104(4)(b).

(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.

(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.

The special counsel is entitled to be present at the hearing of the relevant part—see section 81(3)(c).

S. 80 (Heading) amended by No. 37/2024 s. 50(1).

80 Adjournment to allow special counsel to communicate with relevant party

S. 80(1) amended by No. 37/2024 s. 50(2).

(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).

(2) Subsection (1) does not limit any other power of the Court to adjourn a proceeding.

81 Protected criminal intelligence to be dealt with in closed court unless Court orders otherwise

(1) Unless the Court orders otherwise, the relevant part must be heard in closed court.

(2) The Court may make an order under subsection (1) if it considers it appropriate to do so.

(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—

S. 81(3)(a) amended by No. 37/2024 s. 104(5).

(a) the Chief Commissioner or the Chief Commissioner's delegate;

(b) any lawyers representing the Chief Commissioner;

(c) a special counsel appointed under section 79 in relation to the relevant part;

(d) any witnesses who may be called to give evidence;

(e) the presiding judge and any court staff necessary for the hearing.

(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—

(a) stating that the hearing of the relevant part is being held in closed court; and

(b) stating who may be present at the hearing of the relevant part; and

(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.

(5) If the Court makes an order under subsection (1)—

(a) the Chief Commissioner is not obliged to adduce any protected criminal intelligence in evidence; and

S. 81(5)(b) substituted by No. 37/2024 s. 51.

(b) if the substantive application was made by the Chief Commissioner, the Chief Commissioner may withdraw that application.

The 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).

S. 81(6) repealed by No. 37/2024 s. 103(3).

82 Offence to enter closed court

(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.

(3) If—

(a) a person is charged with an offence against subsection (1); and

(b) the prosecution proves that a notice was posted in accordance with section 81(4) at the time of the alleged offence—

the 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.

S. 82(4) repealed by No. 37/2024 s. 103(4).

83 Offence to publish report of hearing of relevant part

(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.

(3) The Court may make an order under subsection (1) if it considers it appropriate to do so.

Division 4—General

84 Disclosure, receipt or solicitation of protected criminal intelligence

(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.

(3) Subsection (1) does not apply—

(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

S. 84(3)(b) amended by No. 37/2024 s. 104(6).

(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

(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

(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

(e) to disclosure, receipt or solicitation of protected criminal intelligence that is required, authorised or permitted by or under this Act.

(4) A person does not commit an offence against subsection (1) if—

(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

(b) the contrary is not proved (beyond reasonable doubt) by the prosecution.

85 Disclosure, receipt or solicitation of other confidential material

(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.

(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.

(3) An offence against subsection (2) is an indictable offence.

(4) Subsection (2) does not apply—

(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

(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

S. 85(4)(c) amended by No. 37/2024 s. 104(7).

(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

(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

(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

(f) to disclosure, receipt or solicitation of any information, document or other thing that is required, authorised or permitted by or under this Act.

(5) A person does not commit an offence against subsection (2) if—

(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

(b) the contrary is not proved (beyond reasonable doubt) by the prosecution.

Pt 5 (Heading) amended by No. 37/2024 s. 52.

Part 5—Recognition of corresponding orders

Pt 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.

Pt 5 Div. 2 (Heading) amended by No. 37/2024 s. 54.

Division 2—Reciprocal recognition of corresponding orders

Subdivision 1—Application for registration

S. 99 (Heading) amended by No. 37/2024 s. 55(1).

99 Chief Commissioner may apply for registration of corresponding orders

S. 99(1) amended by No. 37/2024 s. 55(2).

(1) The Chief Commissioner may apply to the County Court registrar for registration of a corresponding order.

S. 99(2) amended by No. 37/2024 s. 55(3).

(2) An application for registration of a corresponding order does not need to be served on the respondent.

S. 99(3) repealed by No. 37/2024 s. 55(4).

S. 100 amended by No. 37/2024 s. 56(a).

100 Form and content of application

An application for registration of a corresponding order must—

S. 100(b) amended by No. 37/2024 s. 56(a).

(b) state that the Chief Commissioner believes that it is necessary or desirable that the corresponding order operate in this State; and

S. 100(c) amended by No. 37/2024 s. 56(b).

(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

(d) be accompanied by—

S. 100(d)(i) amended by No. 37/2024 s. 56(c).

(i) a copy of the corresponding order to be registered; and

S. 100(d)(ii) substituted by No. 37/2024 s. 56(d).

(ii) an affidavit that includes enough information to enable the County Court registrar to find that the order referred to in subparagraph (i)—

(A) is a corresponding order within the meaning of this Act; and

(B) is in effect.

Pt 5 Div. 2 Subdiv. 2 (Heading) amended by No. 37/2024 s. 57.

Subdivision 2—Registration of corresponding orders

S. 101 (Heading) amended by No. 37/2024 s. 58(1).

101 Registration of corresponding order by County Court registrar

S. 101(1) amended by No. 37/2024 s. 58(2).

(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—

(a) that the order is in effect; and

(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

(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

S. 101(1)(d) amended by No. 37/2024 s. 58(2)(a).

(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

S. 101(1)(e) amended by No. 37/2024 s. 58(2)(a).

(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.

S. 101(2) amended by No. 37/2024 s. 58(3).

(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).

S. 102 amended by No. 37/2024 s. 59.

102 Referral of application to Court for variation

If 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—

(a) refer the application for registration to the Court; and

(b) notify the Chief Commissioner of that referral.

103 Service of application

S. 103(1) amended by No. 37/2024 s. 60.

(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—

(a) a copy of the application for registration;

(b) a copy of each affidavit that accompanied the application.

(2) The copies must be served as soon as practicable after the application is referred to the Court.

104 Hearing of application

(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.

(2) However, the Court may hear and determine the application even if the respondent does not appear.

105 Determination of application for registration

S. 105(1) amended by No. 37/2024 s. 61(1)(a).

(1) After hearing an application for registration of a corresponding order referred to the Court under section 102, the Court may—

S. 105(1)(a) amended by No. 37/2024 s. 61(1)(b).

(a) direct the County Court registrar to register the order—

(i) with any variations that the Court considers necessary for its effective operation in this State; or

(ii) without any variations; or

(b) determine that the order is not to be registered.

S. 105(2) substituted by No. 37/2024 s. 61(2).

(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.

S. 105(3) amended by No. 37/2024 s. 61(3)(a).

(3) In determining an application to register a corresponding order with variations, the Court may—

S. 105(3)(a) amended by No. 37/2024 s. 61(3)(b).

(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;

S. 105(3)(b) amended by No. 37/2024 s. 61(3)(b).

(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;

(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;

(d) specify any ancillary conditions that are necessary to give effect to the order in this State.

S. 106 (Heading) amended by No. 37/2024 s. 62(1).

106 Registration of corresponding order after determination of Court

S. 106(1) amended by No. 37/2024 s. 62(2).

(1) The County Court registrar must register a corresponding order without variation or with variations as directed by the Court under this Division.

S. 106(2) amended by No. 37/2024 s. 62(2).

(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.

107 Period of registration

S. 107(1) amended by No. 37/2024 s. 63(1).

(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.

(2) The day specified in accordance with subsection (1) is to be—

S. 107(2)(a) amended by No. 37/2024 s. 63(2).

(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

S. 107(2)(b) amended by No. 37/2024 s. 63(2).

(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.

108 Notice and copy to Chief Commissioner

S. 108(1) amended by No. 37/2024 s. 64(1).

(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.

S. 108(2) amended by No. 37/2024 s. 64(2).

(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.

S. 109 (Heading) amended by No. 37/2024 s. 65(1).

109 Service of corresponding order

S. 109(1) amended by No. 37/2024 s. 65(2).

(1) The Chief Commissioner must cause a copy of a registered corresponding order to be served on the respondent.

S. 109(2) amended by No. 37/2024 s. 65(2).

(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.

S. 110 (Heading) amended by No. 37/2024 s. 66(1).

S. 110 amended by No. 37/2024 s. 66(2).

110 Commencement of registered corresponding order

A registered corresponding order comes into effect in this State on the day on which the order is served on the respondent under section 109.

S. 111 (Heading) amended by No. 37/2024 s. 67(1).

111 Duration of registered corresponding order

S. 111(1) amended by No. 37/2024 s. 67(2).

(1) Subject to subsection (2), a registered corresponding order remains in effect in this State until one of the following occurs—

S. 111(1)(a) amended by No. 37/2024 s. 67(2).

(a) the registration of the corresponding order ceases to have effect in accordance with section 107;

S. 111(1)(b) amended by No. 37/2024 s. 67(2).

(b) the registration of the corresponding order is cancelled under section 121.

S. 111(2) amended by No. 37/2024 s. 67(3).

(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.

S. 112 substituted by No. 37/2024 s. 68.

112 Effect of registration of corresponding order

A 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.

Pt 5 Div. 2 Subdiv. 3 (Heading) amended by No. 37/2024 s. 69.

Subdivision 3—Application for variation of registered corresponding order

S. 113 (Heading) amended by No. 37/2024 s. 70(1).

113 Application for variation of registered corresponding order

S. 113(1) amended by No. 37/2024 s. 70(2).

(1) The Chief Commissioner may apply to the Court for the variation of a registered corresponding order.

S. 113(2) amended by No. 37/2024 s. 70(2).

(2) The respondent may, with the leave of the Court, apply to the Court for the variation of a registered corresponding order.

S. 113(3) amended by No. 37/2024 s. 70(2).

(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.

114 Form and content of application

(1) An application under section 113 must—

(b) set out the details of the variation sought and the grounds for the variation.

(2) An application must be accompanied by at least one affidavit which addresses the grounds on which the variation is sought.

(3) An application must be served as soon as practicable after the application is made on the following persons—

(a) if the applicant is the Chief Commissioner—the respondent;

(b) if the applicant is the respondent—the Chief Commissioner.

115 Determination of Court in relation to application for variation

S. 115(1) amended by No. 37/2024 s. 71(1)(a).

(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—

S. 115(1)(a) amended by No. 37/2024 s. 71(1).

(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

(b) determine that a variation is not to be made; or

S. 115(1)(c) amended by No. 37/2024 s. 71(1).

(c) direct the County Court registrar to cancel the registration of the corresponding order.

S. 115(2) amended by No. 37/2024 s. 71(2).

(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.

S. 115(3) amended by No. 37/2024 s. 71(2).

(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.

S. 115(4) amended by No. 37/2024 s. 71(3).

(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.

S. 116 substituted by No. 37/2024 s. 72.

116 County Court registrar must give effect to determination of Court

The County Court registrar must vary a registered corresponding order as directed by the Court under section 115.

117 Notice and copy of varied order to Chief Commissioner

S. 117(1) amended by No. 37/2024 s. 73(a).

(1) The County Court registrar must give the Chief Commissioner—

S. 117(1)(a) amended by No. 37/2024 s. 73(b).

(a) notice of the variation of the registered corresponding order under section 115; and

S. 117(1)(b) amended by No. 37/2024 s. 73(b).

(b) a copy of the registered corresponding order with the variation.

(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.

118 Service of order with variation

S. 118(1) amended by No. 37/2024 s. 74.

(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.

S. 118(2) amended by No. 37/2024 s. 74.

(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.

Pt 5 Div. 2 Subdiv. 4 (Heading) amended by No. 37/2024 s. 75.

Subdivision 4—Cancellation of registration of corresponding order

S. 119 (Heading) amended by No. 37/2024 s. 76(1).

119 Application for cancellation of registered corresponding order

S. 119(1) amended by No. 37/2024 s. 76(2).

(1) The Chief Commissioner may apply to the Court to cancel the registration of a registered corresponding order.

S. 119(2) amended by No. 37/2024 s. 76(2).

(2) The respondent may, with the leave of the Court, apply to the Court to cancel the registration of a registered corresponding order.

S. 119(3) amended by No. 37/2024 s. 76(2).

(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.

120 Form and content of application

(1) An application under section 119 must—

(b) state the grounds on which the cancellation is sought.

(2) An application must be accompanied by at least one affidavit which addresses the grounds on which the cancellation is sought.

121 Determination of Court in relation to application for cancellation

S. 121(1) amended by No. 37/2024 s. 77(1)(a).

(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—

S. 121(1)(a) amended by No. 37/2024 s. 77(1).

(a) direct the County Court registrar to cancel the registration of the corresponding order; or

S. 121(1)(b) amended by No. 37/2024 s. 77(1).

(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

S. 121(1)(c) amended by No. 37/2024 s. 77(1)(a).

(c) determine not to cancel the registration of the corresponding order.

S. 121(2) amended by No. 37/2024 s. 77(2).

(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.

S. 121(3) amended by No. 37/2024 s. 77(3).

(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.

S. 122 substituted by No. 37/2024 s. 78.

122 County Court registrar must give effect to determination of Court

The County Court registrar must cancel the registration of, or vary, a registered corresponding order as directed by the Court under section 121.

123 Notice to Chief Commissioner

S. 123(1) amended by No. 37/2024 s. 79(a).

(1) The County Court registrar must give the Chief Commissioner—

S. 123(1)(a) amended by No. 37/2024 s. 79(b).

(a) notice of the cancellation of the registration, or variation, of the registered corresponding order under section 121; and

S. 123(1)(b) amended by No. 37/2024 s. 79(b).

(b) if applicable, a copy of the registered corresponding order with the variation.

(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.

124 Service of notice on respondent

(1) The Chief Commissioner must cause the following to be served on the respondent, as applicable—

S. 124(1)(a) amended by No. 37/2024 s. 80.

(a) a copy of the notice of cancellation of the registration, or the variation, of the registered corresponding order under section 121; and

S. 124(1)(b) amended by No. 37/2024 s. 80.

(b) a copy of the registered corresponding order with the variation.

(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.

Pt 5A (Heading and ss 124A–124Q) inserted by No. 48/2015 s. 5.

Part 5A—Unlawful association

Division 1—Offences

S. 124A inserted by No. 48/2015 s. 5.

124A Association with individuals convicted of serious criminal offences prohibited

S. 124A(1) amended by No. 37/2024 s. 6(1)(a).

(1) An individual who has been served an unlawful association notice must not associate with an individual specified in that notice (the specified individual).

S. 124A (1)(a)(b) repealed by No. 37/2024 s. 6(1)(b).

Penalty: Imprisonment for 3 years or 360 penalty units or both.

S. 124A(3) amended by No. 37/2024 s. 6(2).

(3) Subsection (1) does not apply if the individual served an unlawful association notice associates with the specified individual and—

(a) those individuals are family members; and

(b) those individuals associate for a purpose that is not an ulterior purpose.

S. 124A(4) amended by No. 37/2024 s. 6(2).

(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—

(a) in the course of lawful employment or the lawful operation of a business;

(b) in the course of participating in education or vocational training;

S. 124A(4)(ba) inserted by No. 37/2024 s. 9(1).

(ba) in the course of doing any of the following while acting as a volunteer—

(i) providing services or performing work in respect of the response to or mitigation of emergencies;

(ii) otherwise performing a role or discharging a responsibility of an agency in accordance with the state emergency management plan;

(iii) training to do a thing, or practising doing a thing, referred to in subparagraph (i) or (ii);

(iv) being on active standby duty;

S. 124A(4)(bb) inserted by No. 37/2024 s. 9(1).

(bb) travelling to or from a place for the purpose of doing a thing referred to in paragraph (ba);

S. 124A(4)(c) amended by No. 37/2024 s. 10(1).

(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);

S. 124A(4)(ca) inserted by No. 37/2024 s. 10(2).

(ca) while either or both of them are being provided a service specified in subsection (4A);

(d) while either or both of them are being provided legal advice;

(e) while in lawful custody or in the course of complying with an order, requirement or direction imposed by—

(i) a court; or

(ii) the Adult Parole Board; or

S. 124A
(4)(e)(iia) inserted by No. 57/2017 s. 46(2).

(iia) the Post Sentence Authority; or

S. 124A
(4)(e)(iii) amended by No. 37/2024 s. 105.

(iii) the Secretary to the Department of Justice and Community Safety;

(f) for genuine political purposes, or in lawful protest or industrial action;

See also section 11.

(g) in accordance with a lawful association authority granted to the individual;

(h) at a gazetted event or gathering.

S. 124A(4A) inserted by No. 37/2024 s. 10(3).

(4A) The following services are specified for the purposes of subsection (4)(ca)—

(a) drug and alcohol treatment services, including rehabilitation services;

(b) services of assistance in relation to—

(i) housing (including services for emergency housing and crisis accommodation); or

(ii) financial matters;

(c) services of assistance for homeless persons;

(d) services of assistance for victims of family violence;

(e) services to address the perpetration of family violence, including services that work with perpetrators to change their behaviour;

(f) any other welfare services, including welfare services involving the supply of food.

S. 124A(4B) inserted by No. 37/2024 s. 11.

(4B) Subsection (1) does not apply if—

(a) the individual served with an unlawful association notice—

(i) is descended from an Aboriginal person or a Torres Strait Islander; and

(ii) identifies as an Aboriginal person or a Torres Strait Islander; and

(iii) is accepted as an Aboriginal person or as a Torres Strait Islander by an Aboriginal or Torres Strait Islander community; and

(b) the association occurs in the course of the individual—

(i) engaging in a cultural practice; or

(ii) performing a cultural obligation; and

(c) the association is not for an ulterior purpose.

(5) In this section—

S. 124A(5) def. of active standby duty inserted by No. 37/2024 s. 9(2).

active standby duty has the same meaning as in the Emergency Management Act 1986;

S. 124A(5) def. of agency inserted by No. 37/2024 s. 9(2).

agency has the same meaning as in the Emergency Management Act 1986;

S. 124A(5) def. of emergency inserted by No. 37/2024 s. 9(2).

emergency has the same meaning as in the Emergency Management Act 2013;

S. 124A(5) def. of mitigation inserted by No. 37/2024 s. 9(2).

mitigation has the same meaning as in the Emergency Management Act 2013;

S. 124A(5) def. of response inserted by No. 37/2024 s. 9(2).

response has the same meaning as in the Emergency Management Act 2013;

S. 124A(5) def. of state emergency management plan inserted by No. 37/2024 s. 9(2).

state emergency management plan has the same meaning as in the Emergency Management Act 2013;

ulterior purpose means—

(a) the purpose to avoid the application of subsection (1); or

(b) the purpose of planning, inciting or committing an offence; or

(c) the purpose of expanding an organised criminal group or criminal network.

S. 124B inserted by No. 48/2015 s. 5.

124B Lawful association authority

(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).

(2) An application must specify—

(a) the applicant's name and address; and

(b) details of the unlawful association notice that applies to the applicant; and

(c) the name of the specified individual with whom the applicant wishes to associate; and

(d) details of the event or gathering at which the applicant wishes to associate with the specified individual; and

(e) the reasons why the applicant wishes to associate with the specified individual at the event or gathering.

(3) On receiving an application, the Chief Commissioner may—

(a) approve the application and grant a lawful association authority to the applicant; or

(b) refuse to approve the application.

S. 124C inserted by No. 48/2015 s. 5.

124C Gazetted events or gatherings

The 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).

Division 2—Unlawful association notices

S. 124D inserted by No. 48/2015 s. 5.

124D Issue of unlawful association notice

S. 124D(1) amended by No. 37/2024 s. 31(1).

(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—

S. 124D(1)(a) amended by No. 37/2024 ss 16(1), 31(2).

(a) believes on reasonable grounds that the individual has, on at least one occasion, associated with an eligible offender; and

S. 124D(1)(b) substituted by No. 37/2024 s. 31(3).

(b) is satisfied on reasonable grounds that preventing those individuals from associating with each other is likely—

(i) to prevent or inhibit the establishment, maintenance or expansion of a criminal group or a criminal network; and

(ii) thereby to prevent or inhibit criminal activity; and

S. 124D(1)(c) inserted by No. 37/2024 s. 31(3).

(c) is satisfied on reasonable grounds that the issue of the notice is appropriate in all the circumstances.

S. 124D(2) substituted by No. 37/2024 s. 16(2).

(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.

S. 124D(2A) inserted by No. 37/2024 s. 31(4).

(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—

(a) in relation to each offence by reason of which, under section 5, the eligible offender is an eligible offender—

(i) the nature and gravity of the offence; and

(ii) the time that has passed since the offence; and

(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

(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

(d) any other relevant matter.

See 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.

S. 124D(3) amended by No. 37/2024 s. 16(3).

(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.

S. 124DA inserted by No. 37/2024 s. 32.

124DA Senior police officer must ask whether individual is an Aboriginal person or a Torres Strait Islander

(1) Subject to subsection (3), the senior police officer who issues an unlawful association notice in respect of an individual must—

(a) inform the individual that the officer must ask the individual whether they are an Aboriginal person or a Torres Strait Islander; and

(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

(c) then ask the individual whether the individual is an Aboriginal person or a Torres Strait Islander.

(2) The senior police officer must give that information and ask that question at the time of issuing the unlawful association notice.

(3) The senior police officer is not required to give that information and ask that question if—

(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

A record, on a computerised database maintained for the purposes of Victoria Police, that identifies the person as Aboriginal or a Torres Strait Islander.

(b) the individual has already stated to the officer that they are an Aboriginal person or a Torres Strait Islander.

S. 124E inserted by No. 48/2015 s. 5.

124E Further related unlawful association notices

S. 124E(1) amended by No. 37/2024 s. 106(1).

(1) This section applies if a senior police officer issues an unlawful association notice under section 124D(1).

S. 124E(2) amended by No. 37/2024 ss 17(1), 106(2).

(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).

(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.

S. 124E(4) amended by No. 37/2024 ss 17(1), 106(3).

(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.

S. 124E(5) amended by No. 37/2024 s. 17(2).

(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.

S. 124E(6) amended by No. 37/2024 s. 106(4).

(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.

S. 124F inserted by No. 48/2015 s. 5.

124F Content of unlawful association notices

An unlawful association notice must—

(a) specify—

(i) the name and address of the individual on whom the notice will be served; and

(ii) the date of issue of the notice; and

(iii) the name of every individual required to be specified under section 124D(3) or 124E(4), as the case requires; and

(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

S. 124F(a)(v) amended by No. 37/2024 s. 33(2).

(v) that the notice remains in effect for 2 years after the date it is issued unless sooner revoked; and

(b) include—

(i) a statement explaining the effect of the notice and section 124A(1); and

S. 124F(b)(ii) amended by No. 37/2024 s. 12.

(ii) information about the exceptions to the offence under section 124A(1) that are set out in section 124A(3), (4) and (4B); and

S. 124F(b)(iii) substituted by No. 37/2024 s. 33(1).

(iii) a statement to the effect that an individual served with an unlawful association notice—

(A) may apply under Division 3 for an internal review of the decision to issue the notice, or a decision to amend it; and

(B) may apply under section 124JA(1) for revocation of the notice; and

(iv) a statement to the effect that an individual served with an unlawful association notice is entitled to apply for a lawful association authority.

S. 124G inserted by No. 48/2015 s. 5.

124G When an unlawful association notice takes effect

An unlawful association notice takes effect on the day it is served on the individual in respect of whom it is issued.

S. 124H inserted by No. 48/2015 s. 5, amended by No. 37/2024 s. 34.

124H Duration of an unlawful association notice

An unlawful association notice remains in effect for 2 years after it is issued unless it is sooner revoked under section 124K, 124KA or 124P.

S. 124I inserted by No. 48/2015 s. 5.

124I Service of unlawful association notice

A 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.

S. 124J inserted by No. 48/2015 s. 5.

124J Amendment of unlawful association notice to correct clerical errors or obvious defects

(1) A senior police officer may amend an unlawful association notice to correct a clerical error or an obvious defect in the notice.

(2) The senior police officer must—

(a) issue an amended unlawful association notice; and

S. 124J(2)(b) substituted by No. 37/2024 s. 106(5).

(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.

S. 124J(3) amended by No. 38/2017 s. 82(2).

(3) An amended unlawful association notice must specify and include the things required under section 124F with the necessary amendments.

(4) The period of effect of an unlawful association notice does not change because of the amendments made to it under this section.

S. 124JA inserted by No. 37/2024 s. 35.

124JA Application for revocation of unlawful association notice

(1) An individual on whom an unlawful association notice is served may apply to the Chief Commissioner for revocation of the notice.

(2) On receiving an application under subsection (1), the Chief Commissioner must appoint a police officer to determine the application.

(3) A police officer appointed under subsection (2)—

(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

(b) must be of a rank that is—

(i) the same as, or above, the rank of the senior police officer who issued the notice; and

(ii) not lower than the rank of inspector.

S. 124K inserted by No. 48/2015 s. 5, substituted by No. 37/2024 s. 36.

124K Revocation of unlawful association notice

(1) On an application under section 124JA(1), the senior police officer appointed under section 124JA(2)—

(a) may revoke the unlawful association notice to which the application relates if satisfied that—

(i) there has been a substantial change in circumstances since the unlawful association notice was issued; and

(ii) because of that change, the basis for the notice having been served no longer applies; or

(b) may also revoke the unlawful association notice if satisfied that it is otherwise appropriate to do so; or

The 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.

(c) may refuse the application if not satisfied as described in paragraph (a) or (b).

(2) Additionally, a senior police officer may revoke an unlawful association notice without an application under section 124JA(1).

(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.

(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—

(a) a statement of the decision not to revoke the notice; and

(b) the senior police officer's reasons for deciding not to revoke the notice.

S. 124KA inserted by No. 37/2024 s. 37.

124KA Review of related unlawful association notices on revocation

(1) On deciding to revoke an unlawful association notice under section 124K(1) or (2)—

(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

(b) if the senior police officer decides that a related unlawful association notice is to be amended, the officer must—

(i) issue an amended unlawful association notice; and

(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

(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.

(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.

(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).

(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.

S. 124KB inserted by No. 37/2024 s. 37.

124KB Notice of revocation of unlawful association notice

(1) A notice under section 124K(3) or 124KA(4) must specify—

(a) the name and address of the individual on whom the revoked unlawful association notice was served; and

(b) appropriate details that identify the revoked unlawful association notice; and

(c) the name, rank and place of duty of the senior police officer issuing the notice, or an identifying reference of that officer; and

(d) the date on which the notice is issued.

(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.

S. 124KC inserted by No. 37/2024 s. 37.

124KC Application for revocation does not stay effect of unlawful association notice

An application under section 124JA(1) for the revocation of an unlawful association notice does not stay the effect of the notice.

Division 3—Internal review of unlawful association notice decisions

S. 124L inserted by No. 48/2015 s. 5.

124L Definitions

In this Division—

S. 124L def. of original decision maker amended by No. 37/2024 s. 21(a).

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);

S. 124L def. of reviewable decision repealed by No. 37/2024 s. 21(b).

S. 124L def. of reviewing officer amended by No. 37/2024 s. 21(c).

reviewing officer means the police officer appointed under section 124N(1).

S. 124M inserted by No. 48/2015 s. 5, substituted by No. 37/2024 s. 22.

124M Application for internal review

(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.

(2) The individual may apply for a review of the decision to issue the notice even if the notice has since been amended.

(3) An application under subsection (1) must be made within the applicable period after—

(a) if the notice has been amended, the individual was served the amended unlawful association notice; or

(b) otherwise, after the individual was served the unlawful association notice.

(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.

(5) An application under subsection (4) must be made within the applicable period after the individual was served the amended unlawful association notice.

(6) An application under subsection (1) or (4) must be in the form approved (in writing) by the Chief Commissioner.

(7) In this section, the applicable period within which an application under subsection (1) or (4) must be made is—

(a) 28 days; or

(b) if the period for making that application has been extended under section 124MA(3), 56 days.

S. 124MA inserted by No. 37/2024 s. 23.

124MA Chief Commissioner may extend time within which an application for internal review may be made

(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).

(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.

(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).

(4) The Chief Commissioner must not extend a period that the Chief Commissioner has already extended.

(5) The Chief Commissioner may extend a period before or after it expires.

S. 124N inserted by No. 48/2015 s. 5.

124N Decision on internal review

S. 124N(1) amended by No. 37/2024 s. 24(1).

(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.

(2) The reviewing officer—

S. 124N(2)(a) amended by No. 37/2024 s. 24(2).

(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

S. 124N(2)(b) substituted by No. 37/2024 s. 24(3).

(b) must be of a rank that is—

(i) the same as, or above, the rank of the original decision maker; and

(ii) not lower than the rank of inspector.

(3) The reviewing officer must, on review, make a fresh decision—

(a) that affirms or amends the decision of the original decision maker to issue or amend the unlawful association notice; or

(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.

S. 124N(4) amended by No. 37/2024 s. 24(4).

(4) The reviewing officer must make a fresh decision within 28 days after the application is made.

(5) Without limiting subsection (3), the reviewing officer, on review, must consider all the information, material and evidence before the original decision maker.

S. 124N(6) substituted by No. 37/2024 s. 24(5).

(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—

(a) the applicant; and

(b) each person specified in the unlawful association notice.

S. 124N(7) inserted by No. 37/2024 s. 24(5).

(7) The material to be contained in the notice is—

(a) a statement of the fresh decision; and

(b) the reviewing officer's reasons for the fresh decision.

S. 124O inserted by No. 48/2015 s. 5.

124O Amendment of unlawful association notice following review

(1) This section applies if—

(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

(b) the effect of that decision is that the unlawful association notice be amended.

(2) The reviewing officer must—

(a) issue an amended unlawful association notice; and

S. 124O(2)(b) substituted by No. 37/2024 s. 106(6).

(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.

S. 124O(2A) inserted by No. 37/2024 s. 25(1).

(2A) Additionally—

(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

(b) if the officer decides that a related unlawful association notice is to be amended, the officer must—

(i) issue an amended unlawful association notice; and

(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.

S. 124O(3) amended by No. 37/2024 s. 25(2).

(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.

(4) The period of effect of an unlawful association notice does not change because of the amendments made to it under this section.

S. 124P inserted by No. 48/2015 s. 5.

124P Revocation of unlawful association notice following review

(1) This section applies if—

(a) a reviewing officer decides under section 124N to set aside the decision of an original decision maker and substitute a different decision; and

(b) the effect of that decision is that the unlawful association notice be revoked.

(2) The reviewing officer, by written notice, must revoke the unlawful association notice.

(3) In addition, the reviewing officer must review any related unlawful association notice and if necessary, by written notice, must revoke that notice.

(4) A notice under subsection (2) or (3) must specify—

(a) the name and address of the individual on whom the revoked unlawful association notice was served; and

(b) appropriate details that identify the revoked unlawful association notice; and

(c) the name, rank and place of duty of the reviewing officer issuing the notice, or an identifying reference of that officer; and

(d) the date on which the notice is issued.

(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.

S. 124P(6) repealed by No. 37/2024 s. 26.

S. 124Q inserted by No. 48/2015 s. 5, amended by No. 37/2024 s. 27.

124Q Application for internal review does not stay effect of unlawful association notice

An 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.

Pt 5A Div. 4 (Headings and ss 124R–124ZM) inserted by No. 37/2024 s. 29.

Division 4—Oversight by the IBAC

Subdivision 1—Functions and powers of the IBAC

S. 124R inserted by No. 37/2024 s. 29.

124R Functions of the IBAC

The IBAC has the following functions under this Division—

(a) to monitor—

(i) the exercise of powers conferred on the Chief Commissioner and other members of Victoria Police personnel by the unlawful association provisions; and

(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;

(b) to monitor the content of, and compliance with, police procedures regarding unlawful association;

(c) to monitor the impact of the scheme for which this Part provides, including the impact of—

on persons referred to in section 124ZD(3)(c)(iv);

(d) to receive and consider reports given by the Chief Commissioner under this Division;

(e) to periodically review certain decisions relating to unlawful association notices;

(f) to report to the Attorney-General on various matters related to the unlawful association provisions.

S. 124S inserted by No. 37/2024 s. 29.

124S IBAC may request or require answers, documents and information

(1) For the purpose of performing the IBAC's functions under this Division, the IBAC—

(a) may request a member of Victoria Police personnel to do any of the following—

(i) answer a question;

(ii) produce a document to the IBAC;

(iii) give information to the IBAC; and

(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.

See sections 124ZF, 124ZG, 124ZH and 124ZI in relation to a requirement under this subsection.

(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.

S. 124T inserted by No. 37/2024 s. 29.

124T Powers of entry and inspection

After notifying the Chief Commissioner of the intended entry, the IBAC may—

(a) at any time, enter premises occupied by Victoria Police; and

(b) at any time, access, inspect or copy a document that relates to the scheme for which this Part provides; and

(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).

S. 124U inserted by No. 37/2024 s. 29.

124U The IBAC may recommend that Chief Commissioner take action

(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.

(2) The Chief Commissioner must give a written response to the IBAC's recommendation within 45 days after receiving the recommendation.

(3) The written response must set out—

(a) whether the Chief Commissioner accepts the recommendation; and

(b) the reasons for accepting, or not accepting, the recommendation.

(4) If the Chief Commissioner accepts the recommendation, the Chief Commissioner must take the recommended action within a reasonable time.

Subdivision 2—Review of unlawful association notices

S. 124V inserted by No. 37/2024 s. 29.

124V The IBAC must review notices every quarter

(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.

(2) For the purposes of subsection (1), the quarters of a year are—

(a) the period of 3 months beginning on 1 January; and

(b) each subsequent period of 3 months.

S. 124W inserted by No. 37/2024 s. 29.

124W Review may be of only a proportion of notices

(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.

(2) If the IBAC decides to review only a proportion of those unlawful association notices, the IBAC must—

(a) select the unlawful association notices to be reviewed; and

(b) give the Chief Commissioner a written notice identifying those notices.

(3) In selecting unlawful association notices under subsection (2)(a), the IBAC—

(a) must have regard to—

(i) the number of notices that were in effect at any time during the period under review; and

(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

(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

(iv) the need to detect whether that scheme is operating inappropriately, including by disproportionately affecting Aboriginal persons and Torres Strait Islanders; and

(v) the results of previous reviews in respect of previous periods; and

(vi) relevant risks or issues that have arisen in the course of the exercise of powers under section 124T; and

(b) may have regard to any other matter the IBAC considers relevant.

(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.

(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.

S. 124X inserted by No. 37/2024 s. 29.

124X How notice is to be reviewed

In 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)—

(a) complied with the unlawful association provisions; and

(b) complied with the police procedures regarding unlawful association; and

(c) should have been made in the circumstances.

Subdivision 3—Reports laid before Parliament

S. 124Y inserted by No. 37/2024 s. 29.

124Y Annual report

(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.

Section 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).

(2) In a report under subsection (1) following a particular year, the IBAC must address the following—

(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;

(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;

(c) the impact of the scheme for which this Part provides, including the impact of—

on persons referred to in section 124ZD(3)(c)(iv).

(3) In a report under subsection (1), the IBAC may also address any other matter—

(a) that relates to the IBAC's functions and powers under this Division; and

(b) that the IBAC considers it appropriate to report on.

(4) Without limiting subsection (3), the IBAC may include, in a report under subsection (1)—

(a) the recommendations given under section 124U(1) during the year to which the report relates; and

(b) the responses received under section 124U(3) during that year; and

(c) recommendations to improve the operation of this Part.

(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—

(a) prejudice—

(i) a criminal investigation; or

(ii) a criminal proceeding; or

(iii) any other legal proceeding; or

(iv) an investigation, inquiry or other process of an integrity body; or

(b) compromise the operational activities or methodologies of—

(i) an Australian law enforcement agency; or

(ii) an integrity body; or

(iii) an intelligence agency; or

(c) disclose a person's identity or location if it is not in the public interest to do so; or

(d) compromise a person's safety.

S. 124Z inserted by No. 37/2024 s. 29.