If you’re the subject of an interim control order or a control order, you may be prohibited from carrying on certain activities, known as ‘prescribed activities.’
Section 27 of the Crimes (Criminal Organisations Control) Act 2012 specifies a range of prescribed activities that persons the subject of an interim control order or control order cannot take part in until the control order is varied or revoked.
You will be prohibited from carrying out any of these activities as soon as an interim control order takes effect:
- Operating a casino or working as a ‘special employee,’
- Carrying on a security activity within the meaning of the Security Industry Act 1997;
- Carrying on the business of a pawnbroker;
- Carrying on business as a commercial agent or private inquiry agent within the meaning of the Commercial Agents and Private Inquiry Agents Act 2004;
- Possessing or using a firearm, or an imitation firearm or carrying on business as a firearms dealer;
- Operating a tow truck;
- Carrying on business as a motor dealer, motor vehicle repairer or motor vehicle recycler;
- Selling or supplying liquor;
- Carrying on the business of a bookmaker;
- Carrying on a body art tattooing business or performing body art tattooing procedures;
- Carrying out the activities of an owner, trainer, jockey, stablehand, bookmaker, bookmaker’s clerk or another person associated with racing who is required to be registered or licensed under the Thoroughbred Racing Act 1996;
- Carrying out the activities of an owner, trainer or other person associated with greyhound or harness racing who is required to be registered under the Greyhound Racing Act 2009 or the Harness Racing Act 2009;
- Acting as a combatant, industry participant or promoter within the meaning of the Combat Sports Act 2013;
- Any other activity prescribed by the regulations.
You will be unable to apply for an authorisation to carry out any of these activities while an interim control order is in force.
If you’ve been made the subject of a control order which will affect your ability to continue employment related to a prescribed activity, our lawyers can assist you in understanding your options.
27 Prohibition on carrying on of certain activities when interim control order or control order takes effect
(1) Any authorisation to carry on a prescribed activity that is held by a controlled member of a declared organisation is automatically suspended on the taking effect of an interim control order in relation to the person.
(2) The authorisation is suspended until the interim control order is confirmed (or confirmed with variations) by a control order or is revoked.
(3) On confirmation of the interim control order by a control order, the authorisation is revoked.
(4) A controlled member of a declared organisation is prohibited from applying for any authorisation to carry on a prescribed activity so long as an interim control order or control order in relation to the member is in force.
(5) A suspension or revocation of an authorisation in accordance with this section is effected despite any other Act or any law, award or industrial or other agreement affecting the employment of the person holding the authorisation, and neither the Crown nor the authority that issues an authorisation incurs any liability because of such a suspension or revocation.
(6) In this section:
“authorisation” includes the licensing, registration, approval, certification or any other form of authorisation of a person required by or under legislation for the carrying on of an occupation or activity.
“occupation” means an occupation, trade, profession or calling of any kind that may only be carried on by a person holding an authorisation.
“prescribed activity” means the following:
(a) operating a casino within the meaning of the Casino Control Act 1992 , or being a special employee within the meaning of Part 4 of that Act;
(b) carrying on a security activity within the meaning of the Security Industry Act 1997;
(c) carrying on the business of a pawnbroker within the meaning of the Pawnbrokers and Second-hand Dealers Act 1996;
(d) carrying on business as a commercial agent or private inquiry agent within the meaning of the Commercial Agents and Private Inquiry Agents Act 2004;
(e) possessing or using a firearm, or an imitation firearm, within the meaning of the Firearms Act 1996 or carrying on business as a firearms dealer within the meaning of that Act;
(f) operating a tow truck within the meaning of the Tow Truck Industry Act 1998;
(g) carrying on business as a motor dealer, motor vehicle repairer or motor vehicle recycler within the meaning of the Motor Dealers and Repairers Act 2013;
(i) selling or supplying liquor within the meaning of the Liquor Act 2007;
(j) carrying on the business of a bookmaker within the meaning of the Racing Administration Act 1998;
(j1) carrying on a body art tattooing business or performing body art tattooing procedures within the meaning of the Tattoo Parlours Act 2012;
(k) carrying out the activities of an owner, trainer, jockey, stablehand, bookmaker, bookmaker’s clerk or another person associated with racing who is required to be registered or licensed under the Thoroughbred Racing Act 1996;
(l) carrying out the activities of an owner, trainer or other person associated with greyhound or harness racing who is required to be registered under the Greyhound Racing Act 2009 or the Harness Racing Act 2009;
(l1) acting as a combatant, industry participant or promoter within the meaning of the Combat Sports Act 2013;
(m) any other activity prescribed by the regulations.
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Proven Track Record of Exceptional Results
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We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.
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We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.
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Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.
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