1Purposes

The main purposes of this Act are—

S. 1(a) substituted by No. 37/2024 s. 38(1).

(a)

to provide for the making of serious crime prevention orders in respect of individuals for the purpose of either preventing or inhibiting those individuals being involved in serious criminal activity; and

S. 1(b) amended by No. 37/2024 s. 38(2).

(b)

to provide for the recognition and application of serious crime prevention orders made under corresponding laws; and

S. 1(ba) inserted by No. 48/2015 s. 3, substituted by No. 37/2024 s. 30.

(ba)

to prevent and inhibit criminal activity by—

(i)

providing for individuals to be prohibited from associating with individuals convicted of serious criminal offences; and

(ii)

thereby preventing and inhibiting the establishment, maintenance and expansion of criminal groups and criminal networks; and

S. 1(bb) inserted by No. 37/2024 s. 88.

(bb)

to prohibit the public display of the insignia of certain organisations; and

S. 1(bc) inserted by No. 37/2024 s. 95.

(bc)

to prohibit adult members of certain organisations from entering into Victorian Government worksites; and

(c)

to make related amendments to other Acts.

2Commencement

(1)

Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)

If a provision of this Act does not come into operation before 1 November 2013, it comes into operation on that day.

3Definitions

(1)

In this Act—

S. 3(1) def. of Adult Parole Board inserted by No. 48/2015 s. 4.

Adult Parole Board means the Adult Parole Board established under section 61 of the Corrections Act 1986;

S. 3(1) def. of applicable offence substituted by No. 55/2014 s. 60(a), amended by No. 37/2024 s. 13(1).

applicable offence means—

(a)

an indictable offence that is punishable by at least 10 years imprisonment; or

(b)

an offence specified in an item of Schedule 1; or

Note

See also section 10.

(c)

an offence against section 321, 321G or 321M of the Crimes Act 1958 in relation to an offence referred to in paragraph (a) or (b); or

(d)

an offence against a law of—

(i)

the Commonwealth; or

(ii)

another State; or

(iii)

a Territory—

that is equivalent to an offence referred to in paragraph (a), (b) or (c);

S. 3(1) def. of appropriate place repealed by No. 37/2024 s. 39(1).

* * * * *

S. 3(1) def. of associate repealed by No. 37/2024 s. 39(1).

* * * * *

S. 3(1) def. of associate with substituted by No. 37/2024 s. 4.

associate with has the meaning given by section 4;

S. 3(1) def. of Australian law enforcement agency inserted by No. 37/2024 s. 28.

Australian law enforcement agency means—

(a)

Victoria Police; or

(b)

the Australian Federal Police; or

(c)

a police force or police service of another State or a Territory; or

(d)

any other authority or person responsible for the enforcement of the laws of the Commonwealth or of a State or a Territory;

S. 3(1) def. of carry on a business repealed by No. 37/2024 s. 39(1).

* * * * *

S. 3(1) def. of Chief Commis-sioner amended by No. 37/2014 s. 10(Sch. item 40,1(b)).

Chief Commissioner means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;

S. 3(1) def. of control order repealed by No. 37/2024 s. 39(1).

* * * * *

S. 3(1) def. of convicted offender inserted by No. 48/2015 s. 4, repealed by No. 37/2024 s. 13(2).

* * * * *

S. 3(1) def. of correspond-ing control order repealed by No. 37/2024 s. 39(1).

* * * * *

S. 3(1) def. of correspond-ing declaration repealed by No. 37/2024 s. 39(1).

* * * * *

S. 3(1) def. of correspond-ing order substituted by No. 37/2024 s. 39(3).

corresponding order means an order made under a provision of a law of another jurisdiction that is prescribed for the purposes of this definition;

S. 3(1) def. of County Court registrar inserted by No. 37/2024 s. 39(4).

County Court registrar means the registrar of the County Court;

S. 3(1) def. of Court amended by No. 37/2024 s. 39(2).

Court means the County Court;

S. 3(1) def. of criminal history repealed by No. 37/2024 s. 39(1).

* * * * *

criminal intelligence means any information, document or other thing relating to actual or suspected criminal activity in Victoria or elsewhere, the disclosure of which could reasonably be expected to—

(a)

prejudice a criminal investigation, including by revealing intelligence-gathering methodologies, investigative techniques or technologies, or covert practices; or

(b)

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

(c)

endanger a person's life or physical safety;

criminal intelligence protection order has the meaning given by section 70(1);

S. 3(1) def. of criminal purpose repealed by No. 37/2024 s. 39(1).

* * * * *

S. 3(1) def. of declaration repealed by No. 37/2024 s. 39(1).

* * * * *

S. 3(1) def. of declared individual repealed by No. 37/2024 s. 39(1).

* * * * *

S. 3(1) def. of declared organisation repealed by No. 37/2024 s. 39(1).

* * * * *

S. 3(1) def. of declared organisation member repealed by No. 37/2024 s. 39(1).

* * * * *

S. 3(1) def. of eligible offender inserted by No. 37/2024 s. 13(3).

eligible offender has the meaning given by section 5;

S. 3(1) def. of family member inserted by No. 48/2015 s. 4, amended by No. 38/2017 s. 82(1), substituted by No. 37/2024 s. 7.

family member has the meaning given by section 5A;

S. 3(1) def. of financial institution inserted by No. 37/2024 s. 39(4).

financial institution has the same meaning as in the Confiscation Act 1997;

S. 3(1) def. of gazetted event or gathering inserted by No. 48/2015 s. 4.

gazetted event or gathering means an event or gathering specified in an order under section 124C;

S. 3(1) def. of health service inserted by No. 48/2015 s. 4.

health service has the same meaning as in the Health Practitioner Regulation National Law (Victoria);

honorary member, of an organisation, includes an individual who is a member but has not paid any membership fee to be a member of the organisation;

S. 3(1) def. of IBAC inserted by No. 37/2024 s. 28.

IBAC has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011;

S. 3(1) def. of IBAC Officer inserted by No. 37/2024 s. 28.

IBAC Officer has the same meaning as in the Independent Broad-based Anti‑corruption Commission Act 2011;

S. 3(1) def. of incorporated association repealed by No. 37/2024 s. 39(1).

* * * * *

S. 3(1) def. of incorporated associations Registrar repealed by No. 37/2024 s. 39(1).

* * * * *

S. 3(1) def. of insignia inserted by No. 37/2024 s. 89(1).

insignia of an organisation has the meaning given by section 5B;

S. 3(1) def. of integrity body inserted by No. 37/2024 s. 28.

integrity body means—

(a)

the IBAC; or

(b)

an integrity body within the meaning of the Independent Broad-based Anti‑corruption Commission Act 2011;

S. 3(1) def. of Integrity Oversight Victoria inserted by No. 37/2024 s. 28.

Integrity Oversight Victoria has the same meaning as in the Integrity Oversight Victoria Act 2011;

S. 3(1) def. of intelligence agency inserted by No. 37/2024 s. 28.

intelligence agency means—

(a)

the Australian Security Intelligence Organisation; or

(b)

the Australian Secret Intelligence Service; or

(c)

the Australian Signals Directorate; or

(d)

the Office of National Intelligence; or

(e)

the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth;

S. 3(1) def. of involved inserted by No. 37/2024 s. 99(1).

involved, in relation to serious criminal activity, has the meaning given by section 5C;

S. 3(1) def. of law enforcement officer amended by No. 37/2014 s. 10(Sch. item 40.1(c)).

law enforcement officer means—

(a)

a police officer; or

(b)

a person who is seconded to Victoria Police, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction;

S. 3(1) def. of lawful association authority inserted by No. 48/2015 s. 4.

lawful association authority means an authority granted under section 124B;

S. 3(1) def. of lawyer amended by No. 37/2024 s. 102(1).

lawyer means an Australian lawyer within the meaning of the Legal Profession Uniform Law (Victoria);

S. 3(1) def. of mark inserted by No. 37/2024 s. 89(1).

mark means—

(a)

an image or symbol, including a logo; or

(b)

a piece of text, including a name, abbreviation or acronym;

S. 3(1) def. of member amended by Nos 55/2014 s. 60(b), 37/2024 ss 89(2), 96(2), 104(1).

member, of an organisation, includes—

(a)

an individual who is a current member of the organisation because the individual—

(i)

has paid a membership fee to be a member of the organisation; or

(ii)

has been accepted as a member of the organisation through another process set by the organisation; or

(b)

an honorary member of the organisation; or

(c)

an individual who identifies as belonging to the organisation, including an individual who wears or displays the insignia (if any) of the organisation; or

(d)

except in Part 5C, an individual whose conduct in relation to the organisation would reasonably lead another person to consider the individual to be a member of the organisation; or

(e)

an office holder of the organisation;

S. 3(1) def. of member of Victoria Police repealed by No. 37/2014 s. 10(Sch. item 40.1(d)).

* * * * *

S. 3(1) def. of member of Victoria Police personnel inserted by No. 37/2024 s. 28.

member of Victoria Police personnel has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of motor vehicle inserted by No. 37/2024 s. 89(1).

motor vehicle has the same meaning as in the Road Safety Act 1986;

office holder, of an organisation, has the meaning given by section 6;

organisation has the meaning given by section 7;

S. 3(1) def. of Part 5B organisation inserted by No. 37/2024 s. 89(1).

Part 5B organisation means a prescribed organisation;

Note

Special provisions apply to the making of regulations for the purposes of this definition—see section 124ZZC(2) and (3).

S. 3(1) def. of Part 5C organisation inserted by No. 37/2024 s. 96(1).

Part 5C organisation means a prescribed organisation;

Note

Special provisions apply to the making of regulations for the purposes of this definition—see section 124ZZE(2).

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 40.1(a)).

police officer has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of police procedures regarding unlawful association inserted by No. 37/2024 s. 28.

police procedures regarding unlawful association means—

(a)

the Chief Commissioner's instructions (within the meaning of the Victoria Police Act 2013) to the extent that those instructions relate to the unlawful association provisions; and

(b)

any other policies, procedures or guidelines of Victoria Police to the extent that they relate to the unlawful association provisions;

S. 3(1) def. of Post Sentence Authority inserted by No. 57/2017 s. 46(1), substituted by No. 27/2018 s. 356.

Post Sentence Authority means the Post Sentence Authority continued in existence under section 290 of the Serious Offenders Act 2018;

S. 3(1) def. of prohibitive declaration inserted by No. 55/2014 s. 60(d), repealed by No. 27/2016 s. 27.

* * * * *

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

prospective member has the meaning given by section 8;

protected criminal intelligence means criminal intelligence that is the subject of a criminal intelligence protection order;

S. 3(1) def. of Prothonotary repealed by No. 37/2024 s. 39(1).

* * * * *

S. 3(1) def. of public place inserted by No. 37/2024 s. 89(1).

public place has the same meaning as in the Summary Offences Act 1966;

S. 3(1) def. of publicly display inserted by No. 37/2024 s. 89(1).

publicly display has the meaning given by section 8A;

S. 3(1) def. of registered correspond-ing control order repealed by No. 37/2024 s. 39(1).

* * * * *

S. 3(1) def. of registered correspond-ing declaration repealed by No. 37/2024 s. 39(1).

* * * * *

S. 3(1) def. of registered correspond-ing order inserted by No. 37/2024 s. 39(4).

registered corresponding order means a corresponding order registered under section 101;

S. 3(1) def. of related organisation substituted by No. 55/2014 s. 60(c), repealed by No. 37/2024 s. 39(1).

* * * * *

S. 3(1) def. of related organisation member repealed by No. 37/2024 s. 39(1).

* * * * *

S. 3(1) def. of related unlawful association notice inserted by No. 37/2024 s. 19.

related unlawful association notice has the meaning given by section 8B;

respondent has the meaning given by section 9;

S. 3(1) def. of restrictive declaration inserted by No. 55/2014 s. 60(d), repealed by No. 27/2016 s. 27.

* * * * *

S. 3(1) def. of senior police officer inserted by No. 48/2015 s. 4.

senior police officer means a police officer of or above the rank of senior sergeant;

S. 3(1) def. of serious crime prevention order inserted by No. 37/2024 s. 39(4).

serious crime prevention order means an order under section 16(1);

S. 3(1) def. of serious criminal activity substituted by No. 37/2024 s. 99(2).

serious criminal activity has the meaning given by section 9A;

S. 3(1) def. of unlawful association notice inserted by No. 48/2015 s. 4.

unlawful association notice means a notice issued under section 124D or 124E;

S. 3(1) def. of unlawful association provisions inserted by No. 37/2024 s. 28.

unlawful association provisions means—

(a)

Part 5A; and

(b)

the other provisions of this Act to the extent that they relate to Part 5A; and

(c)

regulations made for the purposes of Part 5A; and

(d)

regulations made for the purposes of the other provisions of this Act to the extent that those regulations relate to Part 5A;

S. 3(1) def. of Victoria Police substituted by No. 37/2014 s. 10(Sch. item 40.1(e)), amended by No. 37/2024 s. 96(3).

Victoria Police has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of Victorian Government worksite inserted by No. 37/2024 s. 96(1).

Victorian Government worksite means a prescribed area.

Note

Special provisions apply to the making of regulations for the purposes of this definition—see section 124ZZE(3).

S. 3(2) repealed by No. 37/2024 s. 39(5).

* * * * *

S. 4 repealed by No. 55/2014 s. 61, new s. 4 inserted by No. 37/2024 s. 5.

4Meaning of associate with

(1)

For the purposes of this Act, a person associates with another person—

(a)

by being in the other person's company—

(i)

having sought the other person's company; or

(ii)

having accepted being in the person's company; or

(b)

by being in communication with the other person—

(i)

having sought to be in communication with the other person; or

(ii)

having accepted being in communication with the other person.

(2)

A reference in subsection (1) to communication includes communication of any kind, including electronic communication.

S. 5 amended by No. 55/2014 s. 145, substituted by No. 37/2024 s. 14.

5Meaning of eligible offender

(1)

For the purposes of this Act, an individual is an eligible offender if—

(a)

they were convicted of an applicable offence; and

(b)

they were 18 years old or older when the offence was committed; and

(c)

that conviction has not become spent under the Spent Convictions Act 2021.

(2)

Additionally, an individual is an eligible offender for the purposes of this Act if—

(a)

they are 18 years old or older; and

(b)

they were convicted of a Category A serious youth offence within the meaning of section 3(1) of the Sentencing Act 1991; and

(c)

they committed that offence before turning 18 years old; and

(d)

no more than 2 years has elapsed since the commission of the offence.

(3)

It does not matter whether the conviction referred to in subsection (1) or (2) was imposed before the commencement of this section.

(4)

An individual ceasing to be an eligible offender does not affect the validity or operation of a serious crime prevention order made, or an unlawful association notice issued, while that person was an eligible offender.

S. 5A inserted by No. 37/2024 s. 8.

5AMeaning of family member

(1)

For the purposes of this Act, each of the following persons is a family member of a person (the relevant person)—

(a)

a person who is or has been married to the relevant person;

(b)

a person who is the relevant person's—

(i)

parent or grandparent; or

(ii)

child or grandchild; or

(iii)

sibling; or

(iv)

first cousin;

(c)

a person who is—

(i)

the sibling of one of the person's parents; or

(ii)

the child of one of the person's siblings;

(d)

if the relevant person has or has had a domestic partner—

(i)

that domestic partner; and

(ii)

a person who would be a family member under paragraph (b) or (c) if the relevant person and the domestic partner were or had been married;

(e)

a person with whom the relevant person has or has had an intimate personal relationship;

(f)

a child of a person with whom the relevant person has or has had an intimate personal relationship;

(g)

if the relevant person and another person both have, or have had, parental responsibility for the same child, that other person;

(h)

a person with whom the relevant person normally or regularly resided when either of them was a child;

(i)

a person who is or has been the relevant person's guardian;

(j)

a person for whom the relevant person is or has been a guardian;

(k)

a person to whom the relevant person provides, or has provided, domestic support and personal care, other than support and care provided—

(i)

for fee or reward; or

(ii)

on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

(l)

a person who provides, or has provided, the relevant person with support and care described in paragraph (k);

(m)

if the relevant person—

(i)

is descended from an Aboriginal person or a Torres Strait Islander; and

(ii)

identifies as an Aboriginal person or a Torres Strait Islander; and

(iii)

is accepted as an Aboriginal person or as a Torres Strait Islander by an Aboriginal or Torres Strait Islander community—

a person who is or has been a family member of the relevant person under Aboriginal or Torres Strait Islander concepts of family (including extended kinship relationships and family structures).

(2)

For the purposes of subsection (1)(b) and (c), it does not matter whether the relationship between the relevant person and the other person is, or depends on—

(a) a relationship of the whole blood or half-blood; or

(b)

a relationship that arises because of a marriage (including a marriage that has since been the subject of a divorce); or

(c)

a relationship that arises because of adoption.

(3)

For the purposes of subsection (1)(e) and (f), a relationship may be an intimate personal relationship whether or not it is sexual in nature.

(4)

In this section—

domestic partner has the same meaning as in the Family Violence Protection Act 2008;

parental responsibility has the same meaning as in the Children, Youth and Families Act 2005.

S. 5B inserted by No. 37/2024 s. 90.

5BMeaning of insignia

(1)

For the purposes of this Act, a mark (other than a mark that consists of "1%" or "1%er") is an insignia of an organisation if it—

(a)

denotes that organisation (including by being the organisation's name or logo); or

(b)

indicates membership of that organisation; or

(c)

indicates an association with the organisation.

(2)

A mark that consists of "1%" or "1%er" is an insignia of an organisation if—

(a)

the mark relates to that organisation in a way described by subsection (1)(a), (b) or (c); and

(b)

that organisation is a motorcycle club.

S. 5C inserted by No. 37/2024 s. 100.

5CMeaning of involved in serious criminal activity

For the purposes of this Act, to do any of the following things is to be involved in serious criminal activity—

(a)

to engage in serious criminal activity;

(b)

to engage in conduct that facilitates another person engaging in serious criminal activity;

(c)

to engage in conduct that is reasonably likely to facilitate another person engaging in serious criminal activity.

6Meaning of office holder

(1)

For the purposes of this Act, an office holder of an organisation is—

(a)

if the organisation is a company or a registered foreign company within the meaning of the Corporations Act—

(i)

an officer as defined under section 9 of that Act;

(ii)

an individual who is a local agent within the meaning of that Act;

(b)

if the organisation is an incorporated association—an office holder within the meaning of section 82 of the Associations Incorporation Reform Act 2012;

(c)

if the organisation is a body or association incorporated under a law of another State or a Territory—an individual who is a member of the board or committee or other group of persons (however described under that law) having management of that body or association;

(d)

if the organisation is an unincorporated body or association—

(i)

an individual holding the position of president, vice president, secretary or treasurer of the body or association; or

(ii)

an individual holding a position similar to a position referred to in subparagraph (i) (however described by the organisation or the rules or constituting documents of the organisation); or

(iii)

an individual in control of all or a substantial part of the activities of the organisation.

(2)

In addition, if an organisation appoints an individual to be in charge of an activity of the organisation or keep order at a meeting or gathering of the organisation, that individual is an office holder of the organisation for the purposes of this Act.

Example

An individual appointed as the sergeant at arms or a road captain by a motorcycle club would be an individual to whom subsection (2) applies.

7Meaning of organisation

(1)

For the purposes of this Act, an organisation is an incorporated body or association (including a company or registered foreign company within the meaning of the Corporations Act) or an unincorporated body or association (however structured), whether the body or association—

(a)

is based in Victoria or elsewhere; or

(b)

consists of persons who are or are not ordinarily resident in Victoria; or

(c)

is part of a larger organisation; or

(d)

is affiliated with another organisation.

Example

A chapter of a motorcycle club could be an organisation to which paragraph (c) or (d) applies.

(2)

To avoid doubt, for the purposes of this Act, an organisation can include individuals who are related to one another.

8Meaning of prospective member

(1)

For the purposes of this Act, a prospective member of an organisation is an individual who has commenced but not completed the process of becoming a member of the organisation.

(2)

For the purposes of this Act, a prospective member of an organisation includes—

(a)

an individual who members of the organisation describe as a "prospect" or "nominee" of the organisation;

(b)

an individual nominated or sponsored by a member of the organisation for the purpose of that individual becoming a member of the organisation;

S. 8(2)(c) amended by No. 55/2014 s. 62.

(c)

an individual who wears or displays—

S. 8(2)(c)(i) amended by No. 37/2024 s. 91.

(i)

some, or an incomplete version, of the organisation's insignia; or

S. 8(2)(c)(ii) amended by No. 37/2024 s. 91.

(ii)

a specific identifier in the place of some or all of the organisation's insignia which identifies the individual as a prospective member;

(d)

an individual undertaking a period of probationary membership with the organisation.

S. 8A inserted by No. 37/2024 s. 92.

8AMeaning of publicly display

(1)

For the purposes of this Act, to publicly display a thing is to display it either—

(a)

in a public place; or

(b)

so that it is visible from a public place.

(2)

To publish a thing on the Internet is not to publicly display it for the purposes of this Act.

Example

Uploading an image to a social media website.

(3)

However, displaying a thing as described in subsection (1) is to publicly display it for the purposes of this Act even if the thing being displayed is an Internet publication.

Example

Displaying, on a screen in a public place, an image as published on a social media website.

S. 8B inserted by No. 37/2024 s. 20.

Criminal Organisations Control Act 2012

About this Act

Regulations and instruments made under this Act

Bill & explanatory material

This Act’s bill