New South Wales Consolidated Acts

CRIMES (CRIMINAL ORGANISATIONS CONTROL) ACT 2009 - SECT 6

6 Commissioner may apply for declaration

(1) The Commissioner may apply to an eligible Judge for a declaration (or renewal of a declaration) under this Part that a particular organisation is a declared organisation for the purposes of this Act.

(2) The application must:

(a) be in writing, and

(b) identify the particular organisation in respect of which the declaration is sought, and

(c) describe the nature of the organisation and any of its distinguishing characteristics, and

(d) specify the names (or names by which they are commonly known) of any persons that the Commissioner has reasonable grounds to believe are members of the organisation, and

(e) set out the grounds on which the declaration is sought, and

(f) set out the information supporting the grounds on which the declaration is sought, and

(g) set out details of any previous application for a declaration in respect of the organisation and the outcome of that application, and

(h) be supported by an affidavit from the Commissioner, or affidavits from one or more other senior police officers, verifying the contents of the application.

(3) The application may identify the organisation by specifying the name of the organisation or the name by which the organisation is commonly known or by providing other particulars about the organisation.

Note: Section 28 contains provisions relating to the disclosure of information in an application or at a hearing under this Act that is criminal intelligence.