New South Wales Consolidated Acts

CRIMES (CRIMINAL ORGANISATIONS CONTROL) ACT 2009 - SECT 12

12 Revocation of declaration

(1) The eligible Judge may, at any time, revoke a declaration under this Part:

(a) on the request in writing of the Commissioner, or

(b) on application by a member of the organisation.

(2) An application under subsection (1) (b) must:

(a) be in writing, and

(b) set out the grounds on which revocation is sought, and

(c) set out the information supporting the grounds on which revocation is sought, and

(d) be supported by an affidavit from the applicant verifying the contents of the application.

(3) The applicant must notify the Commissioner of the making of the application as soon as practicable after it is made.

Note: Section 31 requires the Commissioner to notify the Attorney General of the application.

(4) A declaration may be revoked under subsection (1) (b) only if the eligible Judge is satisfied that there has been such a substantial change in the nature or membership of the organisation that:

(a) members of the organisation no longer associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity, and

(b) the organisation no longer represents a risk to public safety and order in the State.

(5) The Commissioner must, as soon as practicable after a declaration is revoked:

(a) publish notice of the revocation in the Gazette and in at least one newspaper circulating generally throughout the State, and

(b) give notice of the revocation to the Attorney General and to any person who made a submission at the hearing at which the declaration was made.

(6) An interim control order or control order relating to a member of an organisation that is the subject of a revoked declaration ceases to have effect on revocation of the declaration.

(7) If the eligible Judge who made a declaration under this Part has died, has ceased to be an eligible Judge or is absent, a power exercisable by that eligible Judge under this section may be exercised by any other eligible Judge.