Serious Crime Control Act 2009

This Act may be cited as the Serious Crime Control Act 2009.

This Act commences on the date fixed by the Administrator by Gazette notice.

(1) The main object of this Act is to protect members of the public from violence associated with serious criminal activity.

(2) The main object is to be achieved primarily by making control orders to disrupt and restrict the activities of persons who:

(4) Without limiting subsections (1) to (3), it is not the intention of the Legislative Assembly that the powers in this Act be used in a manner that would diminish the freedom of persons in the Territory to participate in advocacy, protest, dissent or industrial action.

Part IIAA of the Criminal Code applies to an offence against this

Act.

Note for section 4

Part IIAA of the Criminal

Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

It is the intention of the Legislative Assembly that this Act apply within the Territory and outside the Territory to the full extent of the extra‑territorial legislative capacity of the Legislative

Assembly.

The jurisdiction conferred on the Local Court under this Act is part of the Court's criminal jurisdiction.

In this Act:

adjourned hearing, see section 25(2)(b)(ii).

appropriate means appropriate having regard to all reasonable circumstances.

Assistant Commissioner, see section 4(1) of the Police Administration Act 1978.

associate, with another person, means:

(b) to communicate with the other person by any means (including, for example, by letter, facsimile, telephone and email).

authorisation order, see section 49(1).

authority includes a licence, registration, approval, certificate or other form of authority required under legislation for carrying on an occupation or activity.

being present at means entering or being at, on, in or in the vicinity of.

classified information means information the Commissioner classifies as criminal intelligence.

Commissioner means the Commissioner of Police.

control order has the meaning given in section 8(1) and includes a copy of the order.

controlled person, see section 8(3).

conviction includes a finding of guilt whether or not a conviction is recorded.

corresponding law means a law declared by regulation to be a corresponding law.

Court of Appeal, see section 9(1) of the Supreme Court Act 1979.

criminal intelligence means:

(a) information relating to actual or suspected criminal activity (whether in the Territory or elsewhere) the disclosure of which could reasonably be expected to:

(ii) enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or

(b) information the disclosure of which could reasonably be expected to reveal and prejudice the effectiveness of any of the following:

(ii) police procedures for preventing, detecting, investigating or dealing with matters arising out of breaches or evasions of the law.

declaration application means an application under section 13 for a declaration under section 15.

declared organisation, see section 7.

Deputy Commissioner, see section 4(1) of the Police Administration Act 1978.

firearm, see section 3(1) of the Firearms Act 1997.

former member, of an organisation, means a person who has been a member of the organisation.

fortification, see section 10(1).

fortification removal order has the meaning given in section 10(2) and includes a copy of the order.

member, of an organisation, includes:

(a) an associate member or prospective member (however described) of the organisation; and

(b) a person who identifies himself or herself, in any way, as belonging to the organisation; and

(c) a person who is treated by the organisation or members of the organisation as if he or she belongs to the organisation; and

(d) if the organisation is a body corporate – a director or an officer of the body corporate, as defined in section 9 of the Corporations Act 2001.

objector means:

(a) for an objection to a public safety order – the person who lodges a notice of objection to the public safety order under section 51(2); or

(b) for an objection to a fortification removal order – the person who lodges a notice of objection to the fortification removal order under section 63(1).

occupation means an occupation, trade, profession or calling of any kind.

occupier, in relation to premises, means a person who has, or is entitled to, possession or control of the premises.

organisation means any incorporated body or unincorporated group (however structured), whether or not the body or group:

(b) consists of persons who are not ordinarily resident in the Territory; or

personal details, in relation to a person, means the following:

premises includes:

prescribed activity means any of the following:

(a) being a Licensee or licensed employee as defined in section 3 of the Gaming Control Act 1993;

(b) being a crowd controller or security officer, or operating a business as a security provider, as defined in section 3 of the Private Security Act 1995;

(c) acting as a pawnbroker or second-hand dealer as defined in section 244(1) of the Consumer Affairs and Fair Trading Act 1990;

(d) carrying on business as a commercial agent, inquiry agent, process server or private bailiff as defined in section 3(1) of the Commercial and Private Agents Licensing Act 1979;

(e) using a firearm as defined in section 3(1) of the Firearms Act 1997 or carrying on business under a firearms dealer licence as mentioned in section 16 of that Act;

(f) being a tow truck operator as defined in clause 3 of the Schedule to the Consumer Affairs and Fair Trading (Tow Truck Operators Code of Practice) Regulations 1996;

(g) carrying on the business of a licenced dealer as defined in section 125(1) of the Consumer Affairs and Fair Trading Act 1990;

(i) conducting business under a licence issued under the Racing and Wagering Act 2024;

(j) any activity required to be registered under the Racing and Wagering Act 2024;

(k) an activity required to be licensed under the Dangerous Goods Act 1998;

(l) any other activity prescribed by regulation, including an activity under an Act mentioned in paragraphs (a) to (k).

public safety order has the meaning given in section 9(1) and includes a copy of the order.

reasonably believes means believes on reasonable grounds.

reasonably suspects means suspects on reasonable grounds.

registered proprietor, see section 4 of the Land Title Act 2000.

registrar means the following:

(a) for the Supreme Court and Court of Appeal – a Registrar of the Supreme Court of the Northern Territory appointed under section 48 of the Supreme Court Act 1979;

(b) for the Local Court – a registrar as defined in section 3 of the Local Court Act 2015.

regulatory authority means a person or body having a function conferred by legislation of authorising persons in connection with carrying on an occupation or activity.

respondent means the organisation to whom a declaration application relates.

restriction period, see section 9(2).

senior police officer means any of the following:

(d) another police officer of or above the rank as prescribed by regulation that is at least the rank of sergeant.

serious criminal activity means the commission of serious criminal offences.

serious criminal offence means:

(a) an offence for which a law in force in the Territory provides for a maximum penalty of a period of imprisonment of 5 years or more, other than an offence prescribed by regulation; or

(b) an act or omission committed outside the Territory that would be an offence of a kind mentioned in paragraph (a) if it were committed in the Territory.

Note for section 6

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

A declared organisation is an organisation in relation to which a declaration under section 15 is in force.

(1) A control order is an order made by the Supreme Court under section 25(2)(a) or 26(4)(a) in relation to a specified person, that prohibits the person from:

(b) if the order is made on the ground that the person is a member or former member of a declared organisation – engaging in conduct for the purpose of recruiting another person to become a member of the organisation.

(2) The control order may also contain terms mentioned in section 27.

(3) A controlled person is a person to whom a control order that is in force relates.

(1) A fortification is any security measure involving a structure or device forming part of, or attached to, premises, if the security measure:

(a) is intended or designed to prevent or impede police access to the premises; or

(b) has, or could have, the effect of preventing or impeding police access to the premises and is excessive for the particular type of premises.

(b) is directed to the occupier of premises or, if there is more than 1 occupier, any 1 or more of the occupiers of the premises; and

(c) requires the named occupier or occupiers to remove or modify fortifications at the premises, as specified in the order.

(1) This section applies to a reference in this Act to any of the following matters (each of which is a relevant matter):

(c) an act or omission (including, for example, engaging in an activity, behaving in a way and associating with a person);

(2) A reference to a relevant matter includes an offence committed, conviction recorded, act or omission committed, and being a member of an organisation, as the case requires, whether:

(3) This section is subject to an express provision to the contrary in another provision of this Act.