Section 8 Crimes (Criminal Organisations Control) Act 2012 | Submissions at Hearings


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The Legislation

Section 8 of the Crimes (Criminal Organisations Control) Act 2012 (NSW) deals with Submissions at Hearings and is extracted below.

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8 Submissions at the hearing

(1) A member of the organisation specified in an application under this Part may be present and make submissions in relation to the application at the hearing of the application, subject to subsection (3).

(2) Any member of the organisation who was not specified in the application under this Part and any other person who may be directly affected (whether or not adversely) by the outcome of the application may, with the leave of the eligible Judge, be present and make submissions at the hearing, subject to subsection (3).

(3) The Commissioner may object to any person referred to in subsection (1) or (2) being present during any part of the hearing in which information classified by the Commissioner as criminal intelligence is disclosed.

(4) A person referred to in subsection (1) or (2) who does not wish to be present at the hearing may make a protected submission to the eligible Judge in private.

(5) The eligible Judge is to deal with an objection under subsection (3) in accordance with section 28.

(6) The eligible Judge is to deal with a protected submission under subsection (4) in accordance with section 29.

(7) In this Act:”protected submission” means a submission made by a person who has reasonable grounds to believe that he or she may be subjected to action comprising or involving injury, damage, loss, intimidation or harassment in reprisal for making the submission.