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CRIMINAL ORGANISATIONS CONTROL AND OTHER ACTS AMENDMENT ACT 2014 (NO.
55 OF 2014)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
PART 2--CONFISCATION
Division 1--Amendments relating to civil forfeiture
3. Definitions
4. Property may be subject to both civil forfeiture restraining order and restraining order
5. Application for civil forfeiture restraining order
6. Determination of application for civil forfeiture restraining order
7. Court directions to provide information
8. Application for exclusion from civil forfeiture restraining order
9. Determination of application for exclusion from civil forfeiture restraining order
10. Priority given to payment of restitution or compensation
11. Application for civil forfeiture order
12. Application for exclusion from civil forfeiture order
13. Determination of application for exclusion from civil forfeiture order
Division 2--Amendments relating to hardship
14. Determination of application for forfeiture order
15. Determination of application for civil forfeiture order
16. Relief from hardship
Division 3--Amendments relating to serious drug offender regime
Subdivision 1--Amendment
of Confiscation Act 1997
17. Definitions
18. Purposes for which a restraining order may be made
19. New section 15A inserted
20. Application for restraining order
21. Procedure on application
22. Determination of application
23. Court directions to provide information
24. Application for exclusion from restraining order
25. New section 22A inserted
26. New section 24 inserted
27. Duration and setting aside of restraining order
28. Application for freezing order
29. New Division 4 of Part 3 inserted
30. Property may be subject to both civil forfeiture restraining order and restraining order
31. Effect of forfeiture
32. Disposal of forfeited property
33. New section 45A inserted
34. Discharge of automatic forfeiture in respect of an interest
35. New sections 53 and 54 inserted
36. Application to the Minister for return of property or payment of value
37. Liability under forfeiture or pecuniary penalty order to be satisfied by trustee
38. Order for examination
39. Application for production order
40. Application for search warrant for property-tracking documents
41. Application for monitoring order
42. Issuing information notices—authorised member of police force
43. Interstate orders and search warrants
44. Crime Prevention and Victims' Aid Fund
45. Conversion costs
46. Appeals
47. New section 188 inserted
Subdivision 2--Amendment
of Sentencing Act 1991
48. Sentencing guidelines
49. New Division 5 of Part 4 inserted
Subdivision 3--Amendment
of Drugs, Poisons and Controlled Substances Act 1981
50. Trafficking in a drug or drugs of dependence—large commercial quantity
51. Cultivation of narcotic plants—large commercial quantity
52. Conspiring
53. Aiding and abetting etc.
Division 4--Amendments relating to management of restrained property
54. Restraining orders
55. Further orders
56. Civil forfeiture restraining orders
57. Further orders
58. Liability under forfeiture or pecuniary penalty order to be satisfied by trustee
59. Provisions concerning trustee
PART 3--CRIMINAL ORGANISATIONS CONTROL
Division 1--Amendment of Criminal Organisations Control Act 2012
60. Definitions
61. Section 4 repealed
62. Meaning of prospective member
63. Form and content of application
64. Objection to application for declaration
65. Court may make declarations
66. New section 21 substituted
67. Form of declaration
68. Duration of declaration
69. Application for revocation of declaration
70. Section 29 substituted
71. New section 29A inserted
72. When revocation of declaration takes effect
73. Court may make control order
74. Content of control orders—declared organisations
75. Winding up of incorporated associations that are prohibited from operating under a control order
76. New section 51A inserted
77. Form of control order
78. Notice of making of control order that applies to a declared organisation
79. Application for variation or revocation of control order or ancillary order
80. Section 58 substituted
81. New section 58A inserted
82. Effect of registration of corresponding declaration
83. Information to be kept on register
84. Annual report
85. New sections 135A, 135B and 135C inserted
86. Schedule amended
Division 2--Amendment of Firearms Act 1996
87. Definitions
88. General discretion of Chief Commissioner to refuse a longarm or handgun licence
89. General discretion of Chief Commissioner to refuse a junior licence
90. General discretion of Chief Commissioner to refuse a firearms collectors licence
91. General discretion of Chief Commissioner to refuse a firearms heirlooms licence
92. General discretion of Chief Commissioner to refuse a firearms ammunition collectors licence
93. Review of decision not to issue a licence
94. General discretion of Chief Commissioner to refuse to renew a licence or to alter or vary the conditions of a licence
95. Power of Chief Commissioner to cancel licence under this Part
96. Provisional general category handgun licences
97. General discretion of Chief Commissioner to refuse a dealers licence
98. General discretion of Chief Commissioner to refuse to renew a dealers licence
99. Power of Chief Commissioner to cancel a dealers licence
100. General discretion of Chief Commissioner to refuse to issue a permit to acquire
101. Permit to store handguns
102. Power of delegation
Division 3--Amendment of Fortification Removal Act 2013
103. Definitions
104. Schedule amended
Division 4--Amendment of Major Crime (Investigative Powers) Act 2004
105. Definitions
106. New section 3AA inserted
107. Application for order
PART 4--CRIMINAL PROCEDURE
Division 1--Amendment of Criminal Procedure Act 2009 relating to committal proceedings
108. Contents of case direction notice
109. Leave required to cross-examine other witnesses
110. Cross-examination of witnesses
111. New section 132A inserted
Division 2--Other amendments to Criminal Procedure Act 2009
112. Definitions
113. Summons for summary offence may be served by ordinary service
114. New section 17A inserted
115. When full brief must be served
116. Documents to be provided by police at first mention hearing
117. Ordinary service
118. New section 444 inserted
PART 5--MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED
Division 1--Amendment of Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
119. Definitions
120. Application to courts and proceedings
121. Application to Magistrates' Court
122. New section 5A inserted
123. Orders pending investigation into fitness
124. Amendment of section heading
125. New Part 5A inserted
126. Principle to be applied
127. Matters to which the court is to have regard
128. Certificate of available services
129. Inadmissibility of evidence in other proceedings
130. Extension of time for filing notice of appeal
131. Transitional provision inserted
Division 2--Amendment of Children, Youth and Families Act 2005
132. Release on parole from youth residential centre
133. Release on parole from youth justice centre
134. Jurisdiction of Youth Residential Board
135. Jurisdiction of Youth Parole Board
136. Governor in Council may establish corrective services
137. Children in detention
138. Proceedings in which child is required to be legally represented
139. Duties of youth justice officers
Division 3--Consequential and other amendments
140. Accident Towing Services Act 2007
141. Appeal Costs Act 1998
142. Bus Safety Act 2009
143. Coroners Act 2008
144. Corrections Act 1986
145. Criminal Organisations Control Act 2012
146. Disability Act 2006
147. Firearms Act 1996
148. Juries Act 2000
149. Legal Aid Act 1978
150. Mental Health Act 2014
151. Police Regulation Act 1958
152. Sex Offenders Registration Act 2004
153. Transport (Compliance and Miscellaneous) Act 1983
154. Working with Children Act 2005
155. Amendment consequential on Victoria Police Act 2013
PART 6--MAJOR CRIME INVESTIGATIVE POWERS
156. Purposes of Major Crime (Investigative Powers) Act 2004
157. Definition
158. Confidentiality of witness summons and orders
159. When Chief Examiner may conduct an examination
160. Preliminary requirements
161. Failure of witnesses to attend and answer questions
162. Privilege against self-incrimination abrogated
163. Restriction on publication of evidence
164. New sections 43A and 43B inserted
165. Warrant for arrest of witness
166. Contempt of Chief Examiner—removal of sunset
167. Delegation
168. Amendment of Criminal Procedure Act 2009
PART 7--VARIATION OF ALCOHOL EXCLUSION ORDERS
169. Variation of alcohol exclusion orders
170. New section 153 inserted
PART 8--MISCELLANEOUS AMENDMENTS
Division 1--Amendment of Criminal Procedure Act 2009
171. Schedule 3 amended
Division 2--Amendment of Evidence (Miscellaneous Provisions) Act 1958
172. List of persons who may witness statutory declarations
173. Affidavits in Victoria how sworn and taken
Division 3--Amendment of Mental Health Act 2014
174. Definitions
175. Apprehension of person by police officer or protective services officer
Division 4--Amendment of Open Courts Act 2013
176. Notice of applications for suppression orders
177. Magistrates' Court may make order prohibiting publication of specified material
Division 5--Amendment of Personal Safety Intervention Orders Act 2010
178. New section 16A inserted
Division 6--Amendment of Summary Offences Act 1966
179. Requirement to give name and address
Division 7--Amendment of Victorian Institute of Forensic Medicine Act 1985
180. The Council
181. Members of the Council
Division 8--Amendments relating to Victoria Police
182. Promotion of police officers and protective services officers
183. Unauthorised manufacture etc of Victoria Police identification or equipment
184. Subject matter for regulations
185. Transitional provisions
186. Consequential amendment of Corrections Act 1986
PART 9--REPEAL OF AMENDING ACT
187. Repeal of amending Act
ENDNOTES
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