Section 35 Crimes (Criminal Organisations Control) Act 2012 | Protection of Exercise of Functions


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The Legislation

Section 35 of the Crimes (Criminal Organisations Control) Act 2012 (NSW) deals with Protection of Exercise of Functions and is extracted below.

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35 Protection of exercise of certain functions

(1) This section applies to any function (a “protected function“) conferred on a person under this Act (a “protected person“) with respect to the making (or purported making) of any declaration, interim control order or control order under this Act.

(2) Except as provided by section 24 (Right of appeal), the exercise by any protected person of any protected function may not be:
(a) challenged, reviewed, quashed or called into question before any court of law or administrative review body in any proceedings, or
(b) restrained, removed or otherwise affected by any proceedings.

(3) Without limiting subsection (2), that subsection applies whether or not the proceedings relate to any question involving compliance or non-compliance, by a protected person, with the provisions of this Act or the rules of natural justice (procedural fairness).

(4) Accordingly, except as provided by section 24, no court of law or administrative review body has jurisdiction or power to consider any question involving compliance or non-compliance, by the protected person, with those provisions or with those rules so far as they apply to the exercise of any protected function.

(5) This section has effect despite any provision of any other legislation or any other law (whether written or unwritten).

(6) In this section:”exercise” of functions includes:
(a) the purported exercise of functions, and
(b) the non-exercise or improper exercise of functions, and
(c) the proposed, apprehended or threatened exercise of functions.
proceedings” includes:
(a) proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, and
(b) without limiting paragraph (a), proceedings in the exercise of the inherent jurisdiction of the Court or the jurisdiction conferred by section 23 of the Supreme Court Act 1970,
but does not include any investigation or proceedings under the Independent Commission Against Corruption Act 1988.