Criminal Organisations Control Act 2012
124MApplication for internal review
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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.