Western Australia: Criminal Organisations Control Act 2012 (WA)

Western Australia Criminal Organisations Control Act 2012 Western Australia Criminal Organisations Control Act 2012 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Purposes of this Act 1 5. Act binds Crown 1 Part 2 — Declared criminal organisations Division 1 — Applications for declaration 6. Purpose of declaration 1 7. Application for declaration 1 8. Publication of notice of application 1 Division 2 — Determination of applications 9. Hearing of application 1 10. Persons who may attend and make submissions 1 11. Protected submissions 1 12. Designated authority can make declaration despite non‑appearance of respondent or others 1 13. Designated authority may make declaration 1 14. Reasons for decision 1 15. Notice of declaration 1 16. Duration of declaration 1 17. Declaration not affected by change in name or reorganisation 1 Division 3 — Renewal, revocation and expiry of declarations 18. Renewal of declaration 1 19. Application for revocation of declaration 1 20. Consideration of application for revocation may be dismissed 1 21. Determination of application for revocation 1 22. Reasons for decision 1 23. When revocation of declaration takes effect 1 24. Notice of revocation or expiry of declaration 1 25. Effect of expiry or revocation of declaration 1 Division 4 — Designated authorities 26. Designation of judges or retired judges to determine applications 1 27. Termination of designation 1 28. Designated authorities not subject to control by Executive 1 29. Any designated authority may act 1 30. Protection and immunity 1 31. Nature and functions of designated authority 1 32. Record of proceedings 1 Part 3 — Control orders Division 1 — Overview 33. Overview 1 34. Application of provisions protecting criminal intelligence information 1 Division 2 — Interim control orders Subdivision 1 — Applications for interim control orders 35. Application for interim control order 1 36. Form of application 1 37. Application for hearing without notice or on notice 1 Subdivision 2 — Determination of applications 38. Making of interim control order 1 39. Explanation of interim control order 1 40. Court to fix hearing date for application for control order 1 41. Notice of making of interim control order 1 42. Content of notice 1 43. Powers to request particulars and detain for purposes of service 1 44. Alternative means of service 1 45. Commencement and duration of interim control order 1 Subdivision 3 — Revocation of interim control orders made without notice 46. Application for revocation of interim control order made without notice 1 47. Determination of application to revoke interim control order 1 48. Revocation of interim control order halts proceedings for control order 1 Subdivision 4 — Variation of interim control orders 49. Application for variation of interim control order 1 50. Determination of application for variation 1 Division 3 — Control orders Subdivision 1 — How proceedings for control order begun 51. How proceedings for control order begun 1 Subdivision 2 — Applications for control orders 52. Application for control order 1 53. Form of application 1 54. Filing and service of application 1 Subdivision 3 — Notice of objection to making of control order 55. Notice of objection 1 Subdivision 4 — Making control orders 56. Determination of application for control order 1 57. Circumstances in which control order may be made 1 58. Conditions of control order 1 59. Consequential or ancillary orders 1 60. Form of control order 1 61. Explanation of control order 1 62. Commencement and duration of control order 1 63. Successive control orders permitted 1 Subdivision 5 — Appeals, variations and revocations 64. Appeal against making or refusal of control order 1 65. Appeal does not stay order unless Court of Appeal orders otherwise 1 66. Determination of appeal 1 67. Application to vary control order 1 68. Determination of application for variation 1 69. Explanation of variation 1 70. Application for revocation of control order 1 71. Determination of application for revocation 1 72. Notice of variation or revocation 1 Division 4 — Orders against persons under 18 73. Orders available against 16 and 17 year olds 1 74. Notification of orders against juveniles 1 75. Personal service of orders against juveniles required 1 76. Application of certain Acts relating to persons under 18 not affected 1 Division 5 — Effect of orders Subdivision 1 — Standard conditions 77. Standard condition: non‑association with other controlled persons 1 78. Other standard conditions 1 Subdivision 2 — Non‑standard conditions 79. Non‑standard conditions 1 80. Condition prohibiting controlled person from carrying on prescribed activity 1 81. Commissioner of Police to notify regulatory authority of suspension of authorisation or application 1 Subdivision 3 — Surrender and seizure of things 82. Surrendering things that cannot be possessed under order 1 83. Seizure of things not surrendered 1 84. Dealing with things surrendered or seized: firearm items, firearms authorisations and weapons 1 85. Dealing with things surrendered or seized: other things 1 86. Other written laws providing for disposal of surrendered or seized property not affected 1 Subdivision 4 — Requirements to provide identifying particulars 87. Term used: identifying particular 1 88. Identifying particulars may be taken under Criminal Investigation (Identifying People) Act 2002 1 89. Power to take identifying particulars exercisable once only 1 90. Retention and use of identifying particulars taken 1 91. Disposal of identifying particulars taken 1 92. Power of police officers to request disclosure of identity 1 Subdivision 5 — Notification of order where possession of firearm items prohibited 93. Inquiries about use of, or access to, firearm items 1 94. Commissioner of Police to notify order to responsible person and co‑licensee 1 Division 6 — General 95. Orders only available against individuals 1 96. Order prohibiting entry to premises or place 1 97. Correcting minor errors in orders 1 98. Relationship with other laws 1 Part 4 — Offences Division 1 — Offences by controlled persons Subdivision 1 — Non‑association offences 99. Association between controlled persons an offence 1 100. Defences to charges under section 99 1 101. Certain associations to be disregarded for interim control orders 1 Subdivision 2 — Financing offence 102. Offence for controlled person to get funds to, from or for declared criminal organisation 1 Subdivision 3 — Other offences by controlled persons 103. Other contravention of interim control order or control order 1 104. Failure to disclose identity or giving false particulars 1 105. Failure to disclose information or giving false information about use of or access to firearm items 1 Division 2 — Other offences 106. Recruiting members for declared criminal organisation an offence 1 107. Permitting premises to be habitually used as place of resort by members of declared criminal organisation 1 108. Offence for responsible person or co‑licensee to allow controlled person to access firearm item 1 Part 5 — Protection of criminal intelligence information 109. Term used: criminal intelligence information 1 110. Protection of criminal intelligence information in proceedings for declaration 1 111. Protection of criminal intelligence information in court proceedings under this Act 1 112. Redacted copy of affidavit may be served to protect criminal intelligence information 1 Part 6 — Information about declarations and orders 113. Commissioner of Police to keep register 1 114. Publication of information on register 1 115. Provision of information about declarations and orders 1 116. Application of this Part to registered interstate declarations and control orders 1 Part 7 — Reciprocal recognition and enforcement of declarations and orders Division 1 — Preliminary 117. Overview of this Part 1 118. Terms used 1 Division 2 — Reciprocal recognition of declarations Subdivision 1 — Applications for registration of interstate declaration 119. Application for registration of interstate declaration 1 120. When interstate declaration cannot be registered 1 Subdivision 2 — Registration of interstate declaration by registrar 121. Registration of interstate declaration by registrar 1 122. Period of registration 1 Subdivision 3 — Notice of registration 123. Notice of registration 1 Subdivision 4 — Commencement, duration and effect of registered interstate declaration 124. Commencement and duration of registered interstate declaration 1 125. Effect of registration of interstate declaration 1 Subdivision 5 — Cancellation of registration of interstate declaration 126. Revocation in jurisdiction where interstate declaration originally made 1 127. Cancellation of registration of interstate declaration at request of Commissioner of Police or CC Commissioner 1 128. Cancellation of registration of interstate declaration on application by respondent or others 1 Subdivision 6 — Notice of cancellation or expiry of registration 129. Notice of cancellation or expiry of registration of interstate declaration 1 130. Registrar to notify police commissioner and original court of cancellation of registration 1 Subdivision 7 — Effect of cancellation or expiry of registration 131. Effect of cancellation or expiry of registration of interstate declaration 1 Subdivision 8 — Evidential provision 132. Proof of making of interstate declaration not required in proceedings for offence 1 Division 3 — Reciprocal recognition of control orders Subdivision 1 — Applications for registration of interstate control order 133. Application for registration of interstate control order 1 134. When interstate control order cannot be registered 1 Subdivision 2 — Registration of interstate control order by registrar 135. Registration of interstate control order by registrar 1 Subdivision 3 — Determination by court of application for registration 136. Referral of application to court for adaptation or modification 1 137. Determination of application for registration 1 Subdivision 4 — Period of registration 138. Period of registration 1 Subdivision 5 — Notice of registration 139. Notice of registration 1 140. Explanation of registered interstate control order 1 Subdivision 6 — Commencement, duration and effect of registered interstate control order 141. Commencement and duration of registered interstate control order 1 142. Effect of registration of interstate control order 1 Subdivision 7 — Renewal of registration of interstate control order 143. Application for renewal of registration of interstate control order 1 144. Registrar to renew registration of interstate control order 1 145. Period of renewal 1 146. Notice of renewal of registration 1 147. Effect of renewal of registration of interstate control order 1 Subdivision 8 — Variation and cancellation of registered interstate control order 148. Variation or revocation in jurisdiction where interstate control order originally made 1 149. Variation of registered interstate control order in this State 1 150. Procedure where registered order varied to include firearms condition 1 151. Cancellation of registration of interstate control order at request of Commissioner of Police 1 152. Cancellation of registration of interstate control order on application by respondent 1 153. Registration of interstate control order cancelled if control order made under this Act 1 154. Registrar to notify original court of cancellation of registration 1 Subdivision 9 — Evidential provision 155. Proof of making or variation of interstate control order not required on proceedings for breach 1 Part 8 — Monitoring and review Division 1 — Monitoring 156. Terms used 1 157. Parliamentary Commissioner to monitor exercise of powers 1 158. Parliamentary Commissioner to report on monitoring activities 1 159. Maintenance of confidentiality of criminal intelligence 1 160. Jurisdiction under Parliamentary Commissioner Act 1971 not limited 1 Division 2 — Review of Act 161. Act to be reviewed after 5 years 1 162. Maintenance of confidentiality of criminal intelligence 1 Part 9 — Miscellaneous 163. Nature of proceedings under this Act 1 164. Costs in proceedings under this Act 1 165. Proof of service 1 166. Notification of service 1 167. Delegation by Commissioner of Police 1 168. Delegation by Corruption and Crime Commissioner 1 169. Protection from liability for wrongdoing 1 170. Regulations 1 171. Power to make rules of court 1 Part 10 — Amendments to other Acts 172. Bail Act 1982 amended 1 173. The Criminal Code amended 1 Chapter XXVIA — Facilitating activities of criminal organisations 221C. Terms used 1 221D. Term used: criminal organisation 1 221E. Participating in activities of criminal organisation 1 221F. Instructing commission of offence for benefit of criminal organisation 1 174. Criminal Investigation Act 2006 amended 1 69B. Searching people for things relevant to interim control orders or control orders 1 175. Criminal Investigation (Identifying People) Act 2002 amended 1 176. Criminal Property Confiscation Act 2000 amended 1 177. Evidence Act 1906 amended 1 178. Liquor Control Act 1988 amended 1 152NA. Relationship with Criminal Organisations Control Act 2012 1 179. Misuse of Drugs Act 1981 amended 1 180. Prohibited Behaviour Orders Act 2010 amended 1 181. Sentencing Act 1995 amended 1 Division 2A — Sentencing where declared criminal organisations involved 9A. Terms used 1 9B. Application of this Division 1 9C. Principal objectives of sentencing for offences where declared criminal organisation involved 1 9D. Mandatory minimum sentences where declared criminal organisation involved 1 9E. Section 9D not applicable to persons aged under 18 1 9F. Further provisions relating to mandatory minimum sentences imposed under section 9D 1 9G. Eligibility for parole 1 124C. Orders under Criminal Organisations Control Act 2012 1 Schedule 1A — Relevant indictable and simple offences for purposes of Part 2 Division 2A Part 1 — Relevant indictable offences Part 2 — Relevant simple offences 182. Young Offenders Act 1994 amended 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Criminal Organisations Control Act 2012 An Act to — * provide for the making of declarations and control orders for the purpose of disrupting and restricting the activities of organisations involved in serious criminal activity, their members and associates, and the imposition of criminal sanctions on persons who recruit members for such organisations or finance or support them in other ways; and * amend The Criminal Code to create certain offences relating to participating in the activities of a criminal organisation, and instructing the commission of offences for the benefit of, at the direction of or in association with a criminal organisation; and * amend the Criminal Property Confiscation Act 2000 to enable the confiscation of crime‑derived or unlawfully acquired property if a person who is a controlled person or a member of a declared criminal organisation is involved in the commission of an offence; and * amend the Evidence Act 1906 to provide special protections to victims and prosecution witnesses in proceedings for certain offences involving criminal organisations; and * amend the Misuse of Drugs Act 1981 to enable the making of a drug trafficker declaration if, at the time of the commission of certain drug offences, the offender was a member of a declared criminal organisation; and * amend the Sentencing Act 1995 to require the imposition of mandatory minimum sentences on offenders who commit certain offences at the direction of, in association with or for the benefit of a declared criminal organisation, and make such offenders ineligible for parole; and * make related amendments to various Acts, * and for related purposes. The Parliament of Western Australia enacts as follows: Part 1 — Preliminary 1. Short title This is the Criminal Organisations Control Act 2012. 2. Commencement This Act comes into operation as follows — (a) sections 1 and 2 — on the day on which this Act receives the Royal Assent; (b) the provisions of the Act other than sections 1 and 2 and Part 8 — on a day fixed by proclamation, and different days may be fixed for different provisions; (c) Part 8 — when section 7 comes into operation. 3. Terms used (1) In this Act, unless the contrary intention appears — associate, with another person — (a) means — (i) to be in company with the other person; or (ii) to communicate with the other person by any means (including by post, facsimile, telephone, email or any other form of electronic communication); and (b) includes associating with the other person, in any of the ways mentioned in paragraph (a), within or outside Western Australia, including outside Australia; authorisation includes a licence, registration, approval, permit, exemption, certificate or other form of authority (whether granted or obtained under a law of this State or of another State or Territory or of the Commonwealth); CC Commissioner means the person holding the office of Commissioner established under the Corruption, Crime and Misconduct Act 2003 or the person acting in that office for the reasons mentioned in section 13A(1)(a) or 14(1)(a) of that Act; close family member has the meaning given in subsection (2); Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892; control order means — (a) an order made under section 57; or (b) a registered interstate control order; controlled person means a person in relation to whom an interim control order or a control order is in force; conviction — (a) means a finding of guilt by a court, or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded; and (b) regardless of the Spent Convictions Act 1988 sections 13 and 25 to 27, includes a spent conviction as defined in section 3 of that Act; corresponding law has the meaning given in section 118; court means the Supreme Court; criminal intelligence information has the meaning given in section 109; declaration means — (a) a declaration under Part 2 that an organisation is a criminal organisation; or (b) a registered interstate declaration; declared criminal organisation means an organisation in respect of which a declaration is in force; designated authority means a judge or retired judge currently designated under section 26; firearm item means any of the following as defined in the Firearms Act 1973 section 4 — (a) a firearm; (b) a major firearm part; (c) a prohibited firearm accessory; (d) ammunition; firearms authorisation means — (a) a licence issued, permit granted or approval given, under the Firearms Act 1973, entitling a person to be in possession of a firearm item; or (b) an Extract of Licence (as defined in section 4(1) of that Act) issued in respect of a licence, permit or approval referred to in paragraph (a); or (c) any other Extract of Licence under that Act; firearms condition means a condition of an interim control order or a control order that prohibits the controlled person to whom the order relates from possessing a firearm item; funds means — (a) property and assets of every kind, whether tangible or intangible, movable or immovable, however acquired; or (b) legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, property or assets to which paragraph (a) applies, including, but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, debt instruments, drafts and letters of credit; interim control order means an order made under section 38; interstate control order has the meaning given in section 118; interstate declaration has the meaning given in section 118; judge means a judge of the Supreme Court; juvenile has the meaning given in section 73(1); member, in relation to an organisation, includes — (a) in the case of an organisation that is a body corporate, a director or an officer of the body corporate; and (b) in any case — (i) an associate member or prospective member (however described) of the organisation; and (ii) a person who identifies himself or herself, in some way, as belonging to the organisation; occupation means an occupation, trade, profession or calling of any kind; officer of the Corruption and Crime Commission means an officer of the Commission as defined in the Corruption, Crime and Misconduct Act 2003 section 3(1); organisation means any incorporated body or unincorporated group (however structured), whether the body or group — (a) is based in this State or elsewhere; or (b) consists of persons ordinarily resident in this State or elsewhere; or (c) is part of, or affiliated with, another organisation, or is separate from, or unaffiliated to, another organisation; Parliamentary Commissioner means the Parliamentary Commissioner for Administrative Investigations appointed under the Parliamentary Commissioner Act 1971; personal details, in relation to a person, means — (a) the person's full name; and (b) the person's date of birth; and (c) the address where the person is residing; and (d) the address where the person usually resides, if that is different from the address referred to in paragraph (c); and (e) the person's business address; prescribed activity has the meaning given in section 80(1); protected submission means a submission made in accordance with section 11; recruit includes counsel, procure, solicit, incite and induce; register means the Register of Criminal Organisations and Controlled Persons kept under section 113; registered interstate control order means an interstate control order that is registered under Part 7 Division 3; registered interstate declaration means an interstate declaration that is registered under Part 7 Division 2; registrar means a person holding or acting in an office designated under the Supreme Court Act 1935 as the Principal Registrar or a registrar or a deputy registrar; regulatory authority means a person or body that, under a written law, has a function of granting authorisations to carry on any occupation or activity; responsible person, in relation to a controlled person who uses or has access to a firearm item in the course of that person's usual occupation, means — (a) the person who holds a firearms authorisation (or the equivalent under a law of another State or a Territory) for that firearm item; or (b) in any other case, the person by whom the controlled person is employed or engaged; senior police officer means a police officer who is, or is acting as, an inspector or an officer of a rank more senior than an inspector; serious criminal activity means any of the following — (a) obtaining material benefits from conduct that constitutes a serious indictable offence; (b) obtaining material benefits from conduct engaged in outside this State (including outside Australia) that, if it occurred in this State, would constitute a serious indictable offence; (c) committing a serious violence offence; (d) engaging in conduct outside this State (including outside Australia) that, if it occurred in this State, would constitute a serious violence offence; serious indictable offence means an indictable offence for which the penalty specified by a written law is or includes imprisonment for 5 years or more or life; serious violence offence means an offence for which the penalty specified by a written law is or includes imprisonment for 10 years or more or life, if the conduct constituting the offence involves any of the following — (a) loss of a person's life or serious risk of loss of a person's life; (b) serious injury to a person or serious risk of serious injury to a person; (c) serious damage to property in circumstances endangering the safety of any person; weapon has the meaning given in the Weapons Act 1999 section 3; working day means a day other than a Saturday, a Sunday or a public holiday. (2) For the purposes of this Act, a person (person A) is a close family member of another person (person B) if — (a) person A is a spouse or former spouse of person B; or (b) person A is, or has been, in a de facto relationship with person B; or (c) person A is a parent or grandparent of person B (whether by blood or marriage); or (d) person A is a brother or sister of person B (whether by blood or marriage); or (e) person A is a guardian or carer of person B. [Section 3 amended: No. 35 of 2014 s. 39; No. 13 of 2022 s. 71 to 73; No. 5 of 2024 s. 30.] 4. Purposes of this Act (1) The purposes of this Act are — (a) to disrupt and restrict the activities of organisations involved in serious criminal activity, their members and associates so as to reduce their capacity to carry out activities that may facilitate serious criminal activity; and (b) to protect members of the public from violence associated with those organisations. (2) Without derogating from subsection (1), it is not the intention of Parliament that the powers in this Act be used in a manner that would diminish the freedom of persons in this State to participate in advocacy, protest, dissent or industrial action. 5. Act binds Crown (1) This Act binds the State and, so far as the legislative power of Parliament permits, the Crown in all its other capacities. (2) Nothing in this Act makes the Crown in any capacity liable to prosecution for an offence. Part 2 — Declared criminal organisations Division 1 — Applications for declaration 6. Purpose of declaration (1) The purpose of a declaration that an organisation is a criminal organisation is to enable control orders to be made to disrupt and restrict the activities of members and former members of the organisation and certain other persons. (2) A declaration also makes it an offence for anyone to recruit persons to become members of the organisation. 7. Application for declaration (1) The Commissioner of Police or the CC Commissioner may apply for a declaration that an organisation (the respondent) is a criminal organisation for the purposes of this Act. (2) The application must — (a) be in writing; and (b) identify the particular organisation in respect of which the declaration is sought; and (c) describe the nature of the organisation and any of its distinguishing characteristics; and (d) set out the grounds on which the declaration is sought; and (e) set out the information supporting those grounds; and (f) set out the details of any previous application for a declaration in respect of the organisation and the outcome of that application. (3) The application must be accompanied by one or more affidavits verifying the contents of the application, as follows — (a) if the application is made by the Commissioner of Police, an affidavit from that Commissioner or affidavits from one or more other senior police officers; (b) if the application is made by the CC Commissioner, an affidavit from that Commissioner or affidavits from one or more other officers of the Corruption and Crime Commission who are authorised officers under the Corruption, Crime and Misconduct Act 2003 section 184. (4) For the purpose of subsection (2)(b), the application may identify the organisation by — (a) specifying the name of the organisation; or (b) specifying the name by which the organisation is commonly known; or (c) providing other particulars about the organisation. (5) The application must be lodged with a registrar nominated for the purpose by or in accordance with the regulations, and that registrar must, without delay, refer the application to a designated authority. (6) On receiving an application that complies with this section, a designated authority must determine the date, time and place of the hearing of the application, and notify the applicant accordingly. [Section 7 amended: No. 35 of 2014 s. 39.] 8. Publication of notice of application (1) If an application is made under section 7 in relation to an organisation, the applicant must publish a notice in the Gazette and in at least one newspaper circulating throughout the State — (a) specifying that an application has been made for a declaration under this Part in respect of the organisation; and (b) setting out a brief explanation of the effect of Part 3 Division 5 in relation to a member or former member of the organisation if the declaration is made and an interim control order or a control order is made in relation to the member or former member; and (c) stating that, if the declaration is made, it will be an offence for anyone to recruit another person to become a member of the organisation; and (d) inviting members of the organisation and other persons who may be directly affected (whether or not adversely) by the outcome of the application to make submissions to the designated authority at a hearing; and (e) specifying the date, time and place of the hearing, as determined by the designated authority. (2) The notice must be published as soon as practicable but not later than 5 working days after the application is lodged. Division 2 — Determination of applications 9. Hearing of application (1) A designated authority must hold a hearing of an application for a declaration. (2) The rules of evidence do not apply to a hearing. (3) The persons who may attend and make submissions at the hearing of an application may do so personally or by counsel or representative. (4) For the purposes of determining an application for a declaration — (a) a designated authority has the powers of a Royal Commission and the Chairman of a Royal Commission under the Royal Commissions Act 1968; and (b) all the provisions of that Act (other than section 18) have effect as if they were enacted in this Act with any necessary changes and in terms made applicable to a designated authority and the determination of an application for a declaration as if an application were a matter into which a Royal Commission was appointed to inquire under that Act. (5) Part 5 applies to proceedings under this Part. 10. Persons who may attend and make submissions (1) The applicant for a declaration may be present and make submissions in relation to the application at the hearing of the application. (2) The respondent may be present and make submissions in relation to the application at the hearing, but subject to subsection (5). (3) Any member of the respondent, and any other person who may be directly affected (whether or not adversely) by the outcome of the application, may, with the leave of the designated authority, be present and make submissions in relation to the application at the hearing, but subject to subsection (5). (4) Without limiting the Royal Commissions Act 1968 section 22, the designated authority may, so far as the designated authority thinks proper, examine or cross-examine any witness on any matter which the designated authority thinks relevant, or allow a person appearing at the hearing to do so. (5) Despite subsections (2), (3) and (4) — (a) the applicant may object to any person referred to in any of those subsections being present during part of the hearing in which criminal intelligence information is disclosed; and (b) the designated authority must deal with the objection under section 110. (6) A person referred to in subsection (3) who does not wish to be present at the hearing may make a protected submission to the designated authority in private in accordance with section 11, and the designated authority must deal with that submission under that section. 11. Protected submissions (1) For the purposes of this Part, a protected submission is a submission made by a person who has reasonable grounds to believe that he or she, or a close family member of that person, may be subjected to action comprising or involving injury, damage, loss, intimidation or harassment in reprisal for making the submission. (2) In proceedings under this Part, a designated authority must take steps to maintain the confidentiality of a protected submission, including steps to receive evidence and hear the submission in private. 12. Designated authority can make declaration despite non‑appearance of respondent or others A designated authority can make a declaration under this Part whether or not any of the persons who are entitled to be present and make submissions at the hearing take advantage of that opportunity. 13. Designated authority may make declaration (1) On an application under this Part in relation to a respondent, a designated authority may make a declaration that the respondent is a criminal organisation if the designated authority is satisfied — (a) that the respondent is an organisation; and (b) that members of the organisation associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity; and (c) that the organisation represents a risk to public safety and order in this State. (2) In considering whether or not to make a declaration, the designated authority may have regard to any of the following — (a) any information suggesting that a link exists between the organisation and serious criminal activity; (b) any criminal convictions of — (i) current or former members of the organisation; (ii) persons who associate, or have associated, with members of the organisation; (c) any information suggesting that current or former members of the organisation, or persons who associate, or have associated, with members of the organisation, are, or have been, involved in serious criminal activity (whether directly or indirectly and whether or not that involvement has resulted in any criminal convictions); (d) any information suggesting that members of an interstate or overseas chapter or branch of the organisation associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity; (e) any submissions made in relation to the application in accordance with section 10; (f) anything else the designated authority considers relevant. (3) For the purposes of subsection (1)(b), the designated authority may be satisfied that members of the organisation associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity — (a) whether or not all the members associate for that purpose or only some of the members, but if the designated authority is satisfied that only some of the members associate for that purpose, the designated authority must be satisfied that those members constitute a significant group within the organisation, either in terms of their numbers or in terms of their capacity to influence the organisation or its members; (b) whether or not members associate for the purpose of organising, planning, facilitating, supporting or engaging in the same serious criminal activities or different ones; (c) whether or not the members also associate for other purposes. 14. Reasons for decision (1) A designated authority must give the authority's reasons for deciding — (a) to make a declaration; or (b) not to make a declaration. (2) Section 110 applies to the giving of reasons for the decision. (3) When a designated authority has made a decision on an application under this Part for a declaration — (a) the designated authority must, as soon as practicable, provide a copy of the authority's reasons for the decision to — (i) the Commissioner of Police; and (ii) the CC Commissioner; and (b) the designated authority must, as soon as practicable, provide a copy of the authority's reasons for the decision to the respondent or the respondent's representative, but only if the respondent or the respondent's representative, before the hearing of the application for the declaration ends — (i) requests to be provided with a copy; and (ii) provides an address to which the copy may be sent; and (c) the Commissioner of Police must make those reasons for the authority's decision publicly available on the register. 15. Notice of declaration (1) As soon as practicable after a declaration is made, the applicant for the declaration must publish notice of the declaration in the Gazette and in at least one newspaper circulating throughout the State. (2) The notice must — (a) state that the organisation specified in the notice is a declared criminal organisation under this Act; and (b) state that the designated authority's reasons for making the declaration are publicly available on the register; and (c) set out a brief explanation of the effect of Part 3 Division 5 in relation to a member or former member of the organisation if an interim control order or a control order is made in relation to the member or former member of the organisation; and (d) state that it is an offence for anyone to recruit another person to become a member of the organisation; and (e) state when the declaration takes effect, and when it will cease to have effect unless sooner revoked or renewed. 16. Duration of declaration (1) A declaration takes effect as follows — (a) if the declaration does not state when it takes effect, on the day after the day on which notice of it is published in the Gazette; (b) on a later day specified by the designated authority in the declaration. (2) The declaration remains in force for a period of 5 years beginning on the day on which it takes effect, unless it is sooner revoked or renewed. 17. Declaration not affected by change in name or reorganisation (1) A change in the name or membership of a declared criminal organisation does not affect the declaration relating to that organisation. (2) The declared criminal organisation is taken to include any organisation into which the members substantially re‑form themselves with or without dissolving the organisation named in the declaration. Division 3 — Renewal, revocation and expiry of declarations 18. Renewal of declaration (1) An application for the renewal of a declaration may be made by — (a) the Commissioner of Police, if he or she was the applicant for the declaration; or (b) the CC Commissioner, if he or she was the applicant for the declaration. (2) An application for the renewal of a declaration can be made either before or after the declaration expires. (3) Divisions 1 and 2 apply to an application for the renewal of a declaration in the same way that they apply to an application for a new declaration. (4) If an application for the renewal of a declaration is made but not determined before the day on which the declaration would otherwise expire, the declaration continues in force until one of the following occurs — (a) the application for the renewal of the declaration is withdrawn; (b) the application for the renewal of the declaration is determined. (5) The renewal of a declaration takes effect as follows — (a) if the declaration is renewed before it expires, from the date on which the declaration would otherwise have expired (as determined before the application of subsection (4)); (b) if the declaration is renewed after it expires, on the day after the day on which notice of the renewal is published in the Gazette in accordance with section 15. (6) There are no limits on the number of times a declaration can be renewed. 19. Application for revocation of declaration (1) The following persons may, at any time, apply for the revocation of a declaration in force in respect of an organisation — (a) the Commissioner of Police, but only in relation to a declaration for which he or she was the applicant; (b) the CC Commissioner, but only in relation to a declaration for which he or she was the applicant; (c) the declared criminal organisation; (d) any member of the declared criminal organisation; (e) if the revocation of the declaration is sought on the ground set out in section 21(1)(b), any person who is a former member of the declared criminal organisation. (2) An application must — (a) be in writing; and (b) set out the grounds on which revocation is sought, and the information supporting those grounds; and (c) be supported by an affidavit from the applicant verifying the contents of the application; and (d) be lodged with the nominated registrar referred to in section 7(5), who must, without delay, refer the application to a designated authority. (3) Not later than 7 working days after the application is lodged, the applicant must — (a) if the applicant is not the Commissioner of Police or the CC Commissioner, give both of those persons — (i) notification of the making of the application; and (ii) a copy of the application and the supporting affidavit; and (b) publish notice of the making of the application in the Gazette and in at least one newspaper circulating throughout the State. (4) This section is subject to section 20. 20. Consideration of application for revocation may be dismissed (1) This section applies if — (a) an application is made under section 19 for the revocation of a declaration; and (b) the applicant is not the Commissioner of Police or the CC Commissioner. (2) If this section applies, a designated authority may refuse to consider the application if — (a) at least one application for the revocation of the declaration has previously been made under section 19; and (b) the designated authority considers that the latest application does not set out any new grounds for the revocation. 21. Determination of application for revocation (1) A designated authority may revoke a declaration on an application made under section 19 only if the designated authority is satisfied that — (a) there has been a substantial change in the nature or membership of the declared criminal organisation to the extent that — (i) members of the organisation no longer associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity; and (ii) the organisation no longer represents a risk to public safety and order in this State; or (b) the organisation in respect of which the declaration was made no longer exists, and section 17(2) does not apply with respect to members of that organisation. (2) Sections 9 to 12 apply to an application under section 19 for the revocation of a declaration with all necessary modifications, and with the following specific modifications — (a) the persons who may be present and make submissions in relation to the application at the hearing are — (i) the Commissioner of Police; and (ii) the CC Commissioner; and (iii) the applicant, if not the Commissioner of Police or the CC Commissioner; and (iv) with the leave of the designated authority, any member (or if the application is made on the ground set out in subsection (1)(b), any former member) of the declared criminal organisation and any other person who may be directly affected (whether or not adversely) by the outcome of the application; (b) an objection under section 10(5) may be made only by the Commissioner of Police or the CC Commissioner, and may be made in relation to any person referred to in paragraph (a)(iii) or (iv) of this subsection; (c) any person referred to in paragraph (a)(iv) may make a protected submission in accordance with section 11. 22. Reasons for decision (1) A designated authority must give the authority's reasons for deciding — (a) to refuse to consider an application made under section 19 for the revocation of a declaration; or (b) to revoke a declaration on an application made under section 19; or (c) not to revoke a declaration on an application made under section 19. (2) Section 110 applies to the giving of reasons for the decision. (3) When a designated authority has made a decision on an application made under section 19 for the revocation of a declaration — (a) the designated authority must, as soon as practicable, provide a copy of the authority's reasons for the decision to — (i) the Commissioner of Police; and (ii) the CC Commissioner; and (b) the Commissioner of Police must make those reasons for the authority's decision publicly available on the register. 23. When revocation of declaration takes effect If a designated authority revokes a declaration under section 21, the revocation takes effect immediately. 24. Notice of revocation or expiry of declaration As soon as practicable after a declaration is revoked or expires, the Commissioner of Police or the CC Commissioner (whichever was the applicant for the declaration) must — (a) publish notice of the revocation or expiry in the Gazette and in at least one newspaper circulating throughout the State; and (b) take all reasonably practicable steps to give notice of the revocation or expiry to every person who made a submission (including a protected submission) at the hearing at which the declaration was made; and (c) if he or she is aware that the declaration has effect under the law of another State or a Territory, give notice of the revocation or expiry to the commissioner (by whatever name called) of the police force or police service of that State or Territory. 25. Effect of expiry or revocation of declaration (1) If the declaration relating to the declared criminal organisation identified in an interim control order or control order in accordance with section 60(1)(c) expires or is revoked, the order ceases to have effect on that expiry or revocation. (2) The expiry or revocation of a declaration does not affect — (a) any person's liability for anything done or omitted before that expiry or revocation; or (b) any investigation or proceeding in respect of that liability. Division 4 — Designated authorities 26. Designation of judges or retired judges to determine applications (1) The Governor may, in writing, designate one or more judges or retired judges for the purposes of this Act. (2) The Governor cannot designate a judge or retired judge under this section unless — (a) the judge or retired judge has consented in writing to the designation; and (b) the consent is in force. (3) The period of designation and, in the case of a retired judge, the terms and conditions of appointment of a designated authority are as set out in the instrument of appointment. (4) The period of designation of a retired judge must not exceed 5 years, but a retired judge may be designated for a further term. 27. Termination of designation (1) A judge or retired judge who has given consent under section 26(2)(a) may, in writing, revoke that consent. (2) The Governor cannot revoke the designation of a judge or retired judge under section 26. (3) However, the designation of a judge or retired judge as a designated authority is revoked if — (a) the judge or retired judge revokes his or her consent in accordance with subsection (1); or (b) in the case of a judge — (i) he or she ceases to be a judge; or (ii) the Chief Justice of Western Australia notifies the Attorney General that the judge should not continue to be a designated authority because the Chief Justice considers that the amount of time that the judge may be required to devote to the exercise of the functions of a designated authority will or is likely to compromise the ability of the court to perform its functions. 28. Designated authorities not subject to control by Executive The selection of a designated authority to exercise any particular function conferred on designated authorities by this Act is not to be made by the Attorney General or any other Minister of the Crown, and the exercise of that particular function is not subject to the control and direction of the Attorney General or any other Minister of the Crown. 29. Any designated authority may act Any designated authority may determine an application for the renewal or revocation of a declaration, regardless of whether or not he or she made that declaration. 30. Protection and immunity A designated authority has, in relation to the exercise of a function conferred on a designated authority by this Act, the same protection and immunity as a judge has in relation to proceedings in the Supreme Court. 31. Nature and functions of designated authority (1) The functions conferred on a designated authority by this Act are conferred on the designated authority in a personal capacity and not as a court or a member of a court. (2) Anything done by a designated authority under this Act has effect only by virtue of this Act, and is not to be taken by implication to be done by a court. (3) Subsection (2) does not limit subsection (1). 32. Record of proceedings (1) In this section — declaration proceedings means proceedings under this Part or section 128. (2) The records of declaration proceedings must be dealt with in accordance with the requirements (if any) specified in the regulations. (3) The regulations may — (a) regulate and prescribe the procedure and practice to be followed in respect of — (i) the custody of the records of declaration proceedings; (ii) access to, and the searching, inspection and copying of, the records of declaration proceedings; (b) limit or prohibit access to, and the searching, inspection and copying of, records of declaration proceedings; (c) prescribe fees payable in respect of access to, and the searching, inspection and copying of, any record of declaration proceedings. Part 3 — Control orders Division 1 — Overview 33. Overview (1) This Part provides for the making of control orders in relation to persons who are members of a declared criminal organisation and persons who have an association with a declared criminal organisation. (2) A control order imposes certain restrictions on the activities of those persons, such as prohibiting them from associating with each other, and may also restrict other activities such as carrying on certain occupations, possessing firearm items and other things, and accessing or using certain forms of technology or communication. (3) A control order in relation to a person can be obtained by way of a 2‑stage process or a one‑stage process. (4) The 2‑stage process is as follows — (a) the Commissioner of Police applies to the Supreme Court for an interim control order in relation to the person, and if the court grants the order — (i) the order takes effect when it is served and continues in force pending a hearing to decide whether a control order will be granted; and (ii) certain restrictions on the activities of the person apply or can be stated in the order to apply while the interim control order remains in force; (b) the court holds a hearing and decides whether or not to grant a control order confirming the interim control order, and if so, what consequential or ancillary orders should be made (such as exempting the person from some of the restrictions that would ordinarily apply under a control order). (5) The one‑stage process is as follows — (a) the Commissioner of Police applies to the Supreme Court for a control order in relation to the person; (b) the court holds a hearing and decides whether or not to grant a control order, and if so, what consequential or ancillary orders should be made (such as exempting the person from some of the restrictions that would ordinarily apply under a control order). (6) A control order remains in force for up to 5 years, but can be revoked or varied on application by the Commissioner of Police or the person to whom it relates. (7) This section is intended only as a guide to the general scheme and effect of this Part, and does not limit the other provisions of this Part. [Section 33 amended: No. 13 of 2022 s. 72.] 34. Application of provisions protecting criminal intelligence information Part 5 applies to proceedings under this Part. Division 2 — Interim control orders Subdivision 1 — Applications for interim control orders 35. Application for interim control order (1) The Commissioner of Police may apply to the court for an interim control order relating to a person. (2) An application for an interim control order can be made only in relation to a person specified in section 57(2). 36. Form of application An application under section 35 must — (a) be in writing; and (b) identify the person in relation to whom the interim control order is sought by — (i) specifying the person's name (or the name by which they are commonly known); or (ii) if the person's name is unknown, attaching to the application a recent photograph or recent digital image of the person; and (c) set out the grounds on which the interim control order is sought; and (d) set out the information supporting those grounds; and (e) set out any non‑standard conditions sought to be included in the interim control order in accordance with section 58, the grounds on which those conditions are sought, and the information supporting those grounds; and (f) state whether or not the person in relation to whom the interim control order is sought is already a controlled person; and (g) be accompanied by an affidavit from the Commissioner of Police, or affidavits from one or more other senior police officers, verifying the contents of the application. 37. Application for hearing without notice or on notice An application under section 35 can ask the court to hear the application for the interim control order — (a) without notice to, and in the absence of, the person to whom the application relates; or (b) at a hearing held on notice to that person. Subdivision 2 — Determination of applications 38. Making of interim control order (1) On an application under section 35, the court may make an interim control order in relation to the person to whom the application relates if the court is satisfied — (a) that the application complies with section 36; and (b) that, on the basis of the application and any further information supplied by the Commissioner of Police, the court could make a control order under section 57 in relation to that person. (2) If the court considers it convenient and appropriate to do so, the court may hear and determine, at the same time, 2 or more applications for interim control orders against different people, but separate interim control orders must be made with respect to each person in relation to whom the court decides to make an order. (3) If the court is satisfied that it is appropriate in the circumstances, the court can make an interim control order in relation to a person without notice to, and in the absence of, that person. (4) If the court makes an interim control order — (a) the standard conditions apply under the order in accordance with Division 5 Subdivision 1; and (b) in addition, the court may — (i) impose any other condition the court considers appropriate under section 58; and (ii) make any consequential or ancillary orders it thinks fit under section 59. 39. Explanation of interim control order (1) When the court makes an interim control order, and the person to whom the order relates is present in court at the time, the court must ensure that all reasonable steps are taken to give the person the explanation set out in subsection (3). (2) If the person is not present in court when the interim control order is made, the Commissioner of Police must ensure that all reasonable steps are taken to give the person the explanation set out in subsection (3) when notice of the order is served personally on the person. (3) The person must have explained to them, in language likely to be understood by them — (a) the person's obligations under the interim control order; and (b) the consequences that may follow if the person fails to comply with those obligations. (4) The explanation must, so far as practicable, be given both orally and in writing. (5) Failure to comply with this section does not invalidate an interim control order. 40. Court to fix hearing date for application for control order (1) If the court makes an interim control order in relation to a person — (a) the application for the interim control order is treated as an application under Division 3 by the Commissioner of Police for a control order confirming the interim control order made in relation to the person; and (b) the court must fix a date, time and place for the hearing of the application for a control order. (2) The date fixed under subsection (1)(b) — (a) must be as soon as practicable after the interim control order is made; but (b) must allow the person to whom the interim control order relates sufficient time to prepare and file a notice of objection under section 55 and serve a copy of the notice on the Commissioner of Police. (3) In order that subsection (2)(b) is complied with, the court may at any time vary the date fixed under subsection (1)(b). 41. Notice of making of interim control order (1) The Commissioner of Police must, within 28 days after the making of an interim control order, serve notice of the order personally on the person to whom it relates. (2) This section is subject to section 44. 42. Content of notice (1) The notice required by section 41 to be served on a person must — (a) either — (i) specify the person to whom the interim control order relates; or (ii) if the person's name is unknown, include or have attached to it a recent photograph or recent digital image of that person; and (b) include a statement of the grounds on which the interim control order was made, but must not contain information the disclosure of which would be in breach of section 111; and (c) include the information that section 60(1)(c) requires to be included in a control order; and (d) set out — (i) an explanation of the standard conditions applying under an interim control order in accordance with Division 5 Subdivision 1; and (ii) any other conditions of the order imposed under section 58; and (iii) any consequential or ancillary orders made under section 59; and (e) advise the person that the names of persons who are controlled persons are listed on the register kept under section 113; and (f) set out an explanation of — (i) the right to apply under section 46 for the revocation of the interim control order, if it was made without notice; and (ii) the right to apply under section 49 for the variation of the interim control order; and (iii) the right to object to the making of a control order confirming the interim control order at the hearing of the application for that control order; and (iv) the procedure to be followed in notifying the court before the hearing of the grounds of objection in accordance with section 55; and (g) state the date, time and place fixed under section 40 for the hearing of the application for a control order. (2) A copy of the affidavit or affidavits that accompanied the application for the interim control order must be attached to the notice of the order. (3) Subsection (2) is subject to section 112. 43. Powers to request particulars and detain for purposes of service (1) A police officer who has reasonable cause to suspect that someone is a person on whom notice of the making of an interim control order is required to be served under section 41 may — (a) require the person to disclose his or her personal details; and (b) require the person to remain at a particular place for as long as is reasonably necessary (but no longer than 2 hours) to serve the notice. (2) If a police officer has reasonable cause to suspect that a personal detail given by a person in response to a requirement under subsection (1) is false, the officer may require the person to produce evidence of the correctness of the detail. (3) If the person refuses or fails to comply with a requirement under subsection (1) or (2), the police officer may detain the person at that place for as long as is reasonably necessary (but no longer than 2 hours) to serve the notice. (4) Section 104 makes a refusal or failure to comply with a requirement under subsection (1) or (2) and giving false particulars in response to a requirement an offence. (5) A person who is required to remain or is detained at a particular place under this section when he or she is not under arrest is to be taken to be in lawful custody. 44. Alternative means of service (1) If the Commissioner of Police cannot practicably serve notice of an interim control order on the person to whom it relates in accordance with section 41, the court may, by order — (a) direct that service of the notice be postponed for a specified period of not more than 28 days after the period within which the notice is required to be served under section 41; or (b) direct that, instead of personal service, specified steps be taken to bring the interim control order to the attention of that person. (2) The court must not make an order under subsection (1) unless it is satisfied that the Commissioner has taken all reasonably practicable steps to serve the notice personally within the period and as required by section 41. (3) The court can make an order under subsection (1) whether or not the 28 day period specified in section 41 has expired. (4) An order under subsection (1)(b) may direct that notice of the interim control order be taken to have been served on the happening of a specified event or on the expiry of a specified time. (5) If the court is satisfied that, despite the best endeavours of the Commissioner, steps specified in an order under subsection (1)(b) have not brought an interim control order to the attention of the person to whom it relates, the court may order that the notice of the interim control order be published in the Gazette, a daily newspaper circulating throughout the State or by some other form of public notification. (6) The taking of steps to bring an interim control order to the attention of the person to whom it relates in compliance with an order of the court under subsection (1) or (5) is taken to constitute personal service for the purposes of sections 41 and 45(1)(b). 45. Commencement and duration of interim control order (1) An interim control order comes into force as follows — (a) when the order is made, if the person to whom the order relates is present in court at the time; (b) in any other case, when notice of the order is served personally on the person to whom it relates in accordance with section 41 or 44. (2) An interim control order remains in force until one of the following occurs — (a) the interim control order, having been made without notice to the person to whom it relates, is revoked under section 47; (b) the application for a control order confirming the interim control order is withdrawn or dismissed; (c) the interim control order is revoked under section 56(1)(b); (d) a control order is made confirming the interim control order (with or without variation) and the control order comes into force under section 62(1); (e) the interim control order ceases to have effect under section 25(1). Subdivision 3 — Revocation of interim control orders made without notice 46. Application for revocation of interim control order made without notice (1) If an interim control order is made without notice to the person to whom it relates, that person may apply to the court for the revocation of the order — (a) on the grounds that the applicant for the order failed to disclose to the court that heard the application for the order a material matter that, at the time of that hearing, was known to, or reasonably discoverable by, the applicant; or (b) on the grounds that the order should not have been made or is no longer appropriate. (2) An application can be made under this section at any time after the interim control order is made and before it ceases to be in force. (3) An application must — (a) be in writing; and (b) set out the grounds on which revocation of the interim control order is sought, and the information supporting those grounds; and (c) be supported by an affidavit from the applicant verifying the contents of the application; and (d) be filed in the court, together with the accompanying affidavit. (4) The person to whom an interim control order relates cannot make an application under this section for the revocation of the order if the court has already determined — (a) a previous application for the revocation of that order; or (b) an application under section 49 for the variation of that order. (5) If an application is made under this section — (a) the person to whom the interim control order relates and the Commissioner of Police may appear at the hearing of the application and make submissions in relation to the application; but (b) the court may hear and determine the application whether or not any of the persons who are entitled to be present and make submissions at the hearing take advantage of that opportunity. 47. Determination of application to revoke interim control order (1) The court must hear an application under section 46 as soon as practicable after the application is made. (2) On hearing an application under section 46 for the revocation of an interim control order, the court may — (a) by order, revoke the interim