Criminal Organisations Control Act 2012

A senior police officer may issue a notice in respect of an individual who is 18 years old or older if the senior police officer—

believes on reasonable grounds that the individual has, on at least one occasion, associated with an eligible offender; and

is satisfied on reasonable grounds that preventing those individuals from associating with each other is likely—

to prevent or inhibit the establishment, maintenance or expansion of a criminal group or a criminal network; and

thereby to prevent or inhibit criminal activity; and

is satisfied on reasonable grounds that the issue of the notice is appropriate in all the circumstances.

For the purposes of subsection (1), it does not matter whether the association referred to in subsection (1)(a) occurred before the commencement of this section.

In determining, under subsection (1)(c), whether the issue of the notice is appropriate in all the circumstances, the senior police officer must have regard to—

in relation to each offence by reason of which, under section 5, the eligible offender is an eligible offender—

the nature and gravity of the offence; and

the time that has passed since the offence; and

whether the behaviour of the eligible offender indicates that the eligible offender is involved in a criminal group or a criminal network (and, if so, the extent of that involvement); and

whether the obligations that apply as a result of the issue of the notice are proportionate to the end in pursuit of which the notice is to be issued (as described in subsection (1)(b)(i) and (ii)); and

any other relevant matter.

An unlawful association notice issued under subsection (1) must specify the eligible offender referred to in that subsection as an individual with whom the individual served the notice must not associate.