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


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

Call Sydney Criminal Lawyers® today on (02) 9261 8881 and let our experienced criminal defence lawyers advise, make submissions and represent you and your organisation in proceedings under the Act.

The Legislation

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.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.