SERIOUS AND ORGANISED CRIME (CONTROL) (MISCELLANEOUS) AMENDMENT BILL

Final Stages

The Legislative Council agreed to the bill, with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 4, page 4, after line 8—Insert:

(a1) Section 3—after the definition of authorisation order insert:

Chief Justice means the Chief Justice of the Supreme Court and includes an acting Chief Justice of the Supreme Court;

No. 2. Clause 6, page 6, lines 10 to 36 [clause 6, inserted section 8]—

Delete inserted section 8 and substitute:

8—Eligible Judges

(1) For the purposes of this Act, an eligible Judge is a Judge in relation to whom a consent is in force under subsection (2) and who has been selected by the Chief Justice to act as an eligible Judge in accordance with subsection (3).

(2) A Judge of the Court (including the Chief Justice) may, by instrument in writing, consent to being selected to act as an eligible Judge under this Act.

(3) The Chief Justice may, by instrument in writing, select a Judge in relation to whom a consent is in force under subsection (2) to act as an eligible Judge under this Act.

(4) An eligible Judge has, in relation to the exercise of a function conferred on an eligible Judge by this Act, the same protection, privileges and immunities as a Judge of the Court has in relation to proceedings in the Court.

(5) A Judge who has given consent under subsection (2) may, by instrument in writing, revoke the consent.

(6) A selection of a Judge to act as an eligible Judge under subsection (3) is revoked if—

(a) the eligible Judge revokes his or her consent in accordance with subsection (5) or ceases to be a Judge; or

(b) the Chief Justice determines that the Judge should not continue to be an eligible Judge.

(7) If an eligible Judge dealing with any proceedings under this Act dies, is absent or ceases to be an eligible Judge, the Chief Justice may, in accordance with subsection (3), select another Judge in relation to whom a consent is in force under subsection (2) to act as an eligible Judge under this Act for the purpose of continuing the proceedings.

(8) To avoid doubt, the selection of an eligible Judge to exercise a particular function conferred on eligible Judges is not to be made by the Attorney-General or 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 other Minister of the Crown.

No. 3. Clause 6, page 6, line 38 [clause 6, inserted section 9(1)]—Delete 'to an eligible Judge'

No. 4. Clause 6, page 7, lines 18 to 20 [clause 6, inserted section 9(4)]—

Delete subsection (4) and substitute:

(4) The application must be lodged with the holder of an office prescribed by the regulations and that person must—

(a) as soon as practicable, notify the Chief Justice so that the Chief Justice can select an eligible Judge in accordance with section 8; and

(b) when an eligible Judge has been so selected, provide the application to the eligible Judge.

No. 5. Clause 6, page 8, lines 12 to 21 [clause 6, inserted section 10(c), (d) and (e)]—

Delete paragraphs (c), (d) and (e) and substitute:

(c) inviting interested parties to make or provide submissions to the eligible Judge at the hearing of the application; and

(d) specifying the manner in which interested parties may inspect or apply to inspect a copy of the application; and

No. 6. Clause 6, page 8, after line 26 [clause 6, inserted section 10]—

After line 26 insert:

(2) In this section—

interested party, in relation to an application, means an organisation or person who would, under section 15, be entitled to make an oral submission or provide a written submission to the eligible Judge at the hearing of the application.

No. 7. Clause 6, page 10, lines 2 and 3 [clause 6, inserted section 14(1)]—

Delete 'who has made a declaration under this Part in relation to an organisation may, at any time, revoke the declaration' and substitute:

may, at any time, revoke a declaration made under this Part in relation to an organisation

No. 8. Clause 6, page 10, lines 28 to 30 [clause 6, inserted section 14(4)]—

Delete subsection (4) and substitute:

(4) The application must be lodged with the holder of an office prescribed by the regulations and that person must—

(a) as soon as practicable, notify the Chief Justice so that the Chief Justice can select an eligible Judge in accordance with section 8; and

(b) when an eligible Judge has been so selected, provide the application to the eligible Judge.

No. 9. Clause 6, page 10, line 33 [clause 6, inserted section 14(5)]—

Delete 'applicant accordingly' and substitute:

Commissioner and, in the case of an application under subsection (1)(b), the applicant of the matters referred to in subsection (6)(e)

No. 10. Clause 6, page 10, after line 33 [clause 6, inserted section 14]—

After subsection (5) insert:

(5a) If an application is made under subsection (1)(b), the applicant must, as soon as practicable after being given the notification by the eligible Judge under subsection (5), serve on the Commissioner a copy of the application and any supporting statutory declaration.

No. 11. Clause 6, page 10, line 34 [clause 6, inserted section 14(6)]—Delete '(a)'

No. 12. Clause 6, page 10, lines 35 and 36 [clause 6, inserted section 14(6)]—

Delete 'as soon as practicable (but no later than 3 days) after being given a notification by the eligible Judge under subsection (5)'

No. 13. Clause 6, page 11, lines 1 to 9 [clause 6, inserted section 14(6)(b), (c) and (d)]—

Delete paragraphs (b), (c) and (d) and substitute:

(b) inviting interested parties to make or provide submissions to the eligible Judge at the hearing of the application; and

(c) specifying the manner in which interested parties may inspect or apply to inspect a copy of the application; and

No. 14. Clause 6, page 11, lines 15 to 22 [clause 6, inserted section 14(7)]—

Delete inserted subsection (7) and substitute:

(7) The Commissioner must publish the notice required under subsection (6)—

(a) if the application has been made under subsection (1)(a)—not later than 3 days after being given the notification by the eligible Judge under subsection (5); or

(b) if the application has been made under subsection (1)(b)—not later than 7 days after being served with the material referred to in subsection (5a).

No. 15. Clause 6, page 11, line 24 [clause 6, inserted section 14(8)]—Delete '(b)'

No. 16. Clause 6, page 11, lines 35 to 38 [clause 6, inserted section 14(10)]—

Delete subsection (10) and substitute:

(10) In this section—

interested party, in relation to an application, means an organisation or person who would, under section 15, be entitled to make an oral submission or provide a written submission to the eligible Judge at the hearing of the application.

No. 17. Clause 6, page 13, after line 13 [clause 6, inserted section 15]—

After inserted subsection (8) insert:

(8a) The duties imposed on an eligible Judge in relation to a protected submission by subsection (6) also apply to any court dealing with the protected submission.

No. 18. Clause 6, page 15, lines 21 to 43 and page 16, lines 1 to 8 [clause 6, inserted section 22(5)]—

Delete subsection (5) and substitute:

(5) A control order may prohibit the respondent from any 1 or more of the following:

(a) associating with a specified person or persons of a specified class;

(b) holding an authorisation to carry on a prescribed activity while the control order remains in force;

(c) being present at, or being in the vicinity of, a specified place or premises or a place or premises of a specified class;

(d) possessing a specified article or weapon, or articles or weapons of a specified class;

(e) carrying on his or her person more than a specified amount of cash;

(f) using for communication purposes, or being in possession of, a telephone, mobile phone, computer or other communication device except as may be specified;

(g) engaging in other conduct of a specified kind that the Court considers could be relevant to the commission of serious criminal offences.

No. 19. Clause 6, page 16, lines 23 to 30 [clause 6, inserted section 22(7)]—Delete subsection (7)

No. 20. Clause 6, page 17, lines 24 to 27 [clause 6, inserted section 22A(2)(b)]—

Delete 'under section 22(5)(a) and, if the Court is satisfied that the respondent is a member of a declared organisation, must include prohibitions of a kind referred to in section 22(5)(b)'

No. 21. Clause 6, page 17, line 28 [clause 6, inserted section 22A(3)]—Delete 'and (7) apply' and substitute 'applies'

No. 22. Clause 6, page 21, line 22 [clause 6, inserted section 22G(7)]—Delete 'must' and substitute 'may'