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Section 9 Crimes (Criminal Organisations Control) Act 2012
Duration of Declarations

Under the Crimes (Criminal Organisations Control) Act 2012, the Commissioner of Police may seek a declaration from a court that a group is a ‘criminal organisation.’

A declaration can have place significant restrictions on the activities of the group and its members.

According to section 9 of the Act, declarations remain in force for 5 years after they are made, unless they are revoked sooner.

It should be noted that under the old law, declarations only remained in force for a period of 3 years.

Furthermore, under section 12 of the Act, declarations can be renewed at any time before they expire.

There is no limit on how often declarations can be renewed.

9 Duration of declaration

(1) A declaration under this Part remains in force for a period of 5 years after the day on which it is made, unless sooner revoked or unless renewed.

(2) A change in the name or membership of a criminal organisation does not affect the declaration.

If your group or organisation has been declared a ‘criminal organisation,’ our lawyers can help you navigate and understand the law.

We understand that having a declaration imposed on you can have a detrimental impact on your ability to work in particular industries, associate with certain people, and engage in certain activities.

However, our fearless advocates are passionate about protecting civil liberties and can fight to have these declarations revoked.

Alternatively, if you need further clarification about what a declaration or control order is and how they may affect you, our lawyers can provide you with all the information you need.

Call us today on (02) 9261 8881 and speak to one of our experienced criminal defence lawyers about how we can fight to secure the best possible outcome for you and your organisation.

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