Section 16A Crimes (Criminal Organisations Control) Act 2012 | Service Requirement for Interim Control Order


Print

If you have been made the subject of an interim control order, it’s important that you are aware of the law relating to these orders.

An interim control order is a court order made upon the Commissioner’s application which can impose broad restrictions on your conduct and actions where the court believes that you are a member of a declared organisation, or a former member of a declared organisation where there is evidence to suggest that you have an ongoing involvement in the organisation and its activities.

Section 16A of the Act contains provisions relating to the service of a notice of an interim control order.

It states that if a notice cannot be served upon you within 28 days of it being made, the court may direct that service be postponed for a period not exceeding 28 days, or alternatively, it may direct a the Commissioner to bring the interim control order to your attention by some other means.

However, before a court will make an order under this section, it must be satisfied that the Commissioner has taken all reasonable steps to serve the interim control order on you personally.

Interim control orders can have a detrimental impact on your life and future, so it’s important to ensure that you are aware of your rights.

The Legislation

16A Service of notice of interim control order

(1) If notice of an interim control order cannot practicably be served on the person to whom it relates in accordance with section 16 (1), the Court may, by order, direct that:

(a) service of the notice of the order be postponed for a period (not exceeding 28 days) after the period within which it is required to be served under that subsection as specified by the Court, or

(b) instead of personal service, such steps be taken as are specified by the Court in the order for the purpose of bringing the interim control order to the attention of the person.

(2) The Court must not make an order under subsection (1) unless it is satisfied that the Commissioner has taken all reasonable steps possible to personally serve the person within the period and as required by section 16.

(2A) An order may be made under subsection (1) whether or not the 28-day period referred to in section 16 (1) has expired.

(3) An order of the Court under subsection (1) (b) may direct that the notice of the interim control order be taken to have been served on the person to whom it relates on the happening of a specified event or on the expiry of a specified time.

(4) If the Court is satisfied that steps specified in an order under subsection (1) (b) have not (despite the best endeavours of the Commissioner) brought an interim control order to the attention of the person to whom it relates, the Court may specify that the notice of the interim control order be published in the Gazette, a daily newspaper circulating generally in the State or by some other form of public notification.

(5) Service in accordance with an order of the Court under this section is taken to constitute personal service for the purposes of sections 15 and 16 (1).

Why Sydney Criminal Lawyers?

Navigating the law in relation to interim control orders can be difficult, and it pays to have an experienced lawyer on your side who can assist you in understanding your rights and obligations.

Our lawyers are dedicated criminal law specialists who have considerable experience working on some of the most difficult criminal cases.

We are passionate civil libertarians who will fight hard to protect your interests.

We will stick with you every step of the way and ensure that you know your rights and obligations.

Where we believe that the Commissioner has not complied with the necessary service requirements, we can advise you of your options and any steps that you can take.

So take the first step towards a positive outcome – call us today on (02) 9261 8881 and speak to one of our esteemed criminal defence lawyers about how to fight the charges.