Page:Organised Crime Act 2015.pdf/39

40 (5) A person who, without reasonable excuse, includes false or misleading information pursuant to any requirement to provide information specified or described in an OCPO or FRO shall be guilty of an offence and shall be liable on conviction—
 * (a) in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or
 * (b) in any other case, to a fine not exceeding $20,000.

Division 3—General safeguards in relation to OCPO or FRO Any individual must be 16 or older

27. An OCPO or FRO must not be made against an individual who, at the time the OCPO or FRO is made, is below 16 years of age.

Right of third parties to make representations

28.—(1) A court must, before making an OCPO or FRO, on an application by a person (not being any of the relevant parties), give the person an opportunity to make representations in proceedings before it about the making of the OCPO or FRO if it considers that the making of the OCPO or FRO would be likely to have a significant adverse effect on that person.

(2) A court must, before varying an OCPO or FRO, on an application by a person (not being any of the relevant parties), give the person an opportunity to make representations in proceedings before it about the variation of the OCPO or FRO if it considers that—
 * (a) the variation of the OCPO or FRO; or
 * (b) a decision not to vary it,

would be likely to have a significant adverse effect on that person.

(3) A court must, before discharging an OCPO or FRO, on an application by a person (not being any of the relevant parties), give the person an opportunity to make representations in proceedings before it about the discharge of the OCPO or FRO if it considers that—
 * (a) the discharge of the OCPO or FRO; or