Victorian Numbered Acts

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CRIMINAL ORGANISATIONS CONTROL ACT 2012 (NO. 80 OF 2012) - SECT 43

Court may make control order

    (1)     The Court may make a control order that applies to an organisation if the Court is satisfied that—

        (a)     the organisation is a declared organisation; and

        (b)     the making of the control order is likely to contribute to the purpose of preventing or disrupting serious criminal activity by—

              (i)     the organisation; or

              (ii)     any members, former members or prospective members of the organisation.

    (2)     The Court may make a control order that applies to an individual if the Court is satisfied that—

        (a)     the individual is—

              (i)     a declared individual; or

              (ii)     a declared organisation member; and

        (b)     the making of the control order is likely to contribute to the purpose of preventing or disrupting—

              (i)     serious criminal activity by the declared individual or declared organisation member; or

              (ii)     serious criminal activity by any other person that is being or may be facilitated by the declared individual or declared organisation member.

    (3)     For the purposes of subsection (1) or (2), the Court may be satisfied that the making of a control order is likely to contribute to the purpose of preventing or disrupting serious criminal activity without having to determine which particular applicable offence or offences would be prevented or disrupted.

    (4)     The Court may decide that it is satisfied as required by subsection (1) or (2) only if it is satisfied by acceptable, cogent evidence that is of sufficient weight to justify the making of a control order.



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