Section 14(1) of the Serious and Organised Crime (Control) Act 2008 (SA) is invalid because it mandates the making of a control order upon proof of membership of a declared organisation, without any independent judicial assessment of whether the order is appropriate, thereby compromising the institutional integrity of the Magistrates Court contrary to the Kable principle. The mandatory nature of s 14(1), combined with the fact that the critical evaluative judgment about the organisation was made by the Attorney-General under s 10(1), meant the Court was acting as an instrument of the Executive. K-Generation is distinguishable because the Liquor Licensing Court retained a genuine evaluative function, whereas under s 14(1) the Magistrates Court had none.
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