New South Wales Consolidated Acts

CRIMES (CRIMINAL ORGANISATIONS CONTROL) ACT 2009 - SECT 9

9 Eligible Judge may make declaration

(1) If, on the making of an application by the Commissioner under this Part in relation to a particular organisation, the eligible Judge is satisfied that:

(a) members of the organisation associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity, and

(b) the organisation represents a risk to public safety and order in this State,

the eligible Judge may make a declaration under this Part that the particular organisation is a declared organisation for the purposes of this Act.

(2) In considering whether or not to make a declaration, the eligible Judge may have regard to any of the following:

(a) any information suggesting that a link exists between the organisation and serious criminal activity,

(b) any criminal convictions recorded in relation to current or former members of the organisation,

(c) any information suggesting that current or former members of the organisation have been, or are, involved in serious criminal activity (whether directly or indirectly and whether or not such involvement has resulted in any criminal convictions),

(d) any information suggesting that members of an interstate or overseas chapter or branch of the organisation associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity,

(e) any submissions made in relation to the application by the Attorney General or as referred to in section 8,

(f) any other matter the eligible Judge considers relevant.

(3) A declaration may be made whether or not any of the persons referred to in section 8 are present or make submissions.

(4) The eligible Judge may, for the purposes of making a declaration, be satisfied that members of an organisation associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity:

(a) whether or not all the members associate for that purpose or only some of the members (provided that, if the eligible Judge is satisfied that only some of the members associate for that purpose, the eligible Judge must be satisfied that those members constitute a significant group within the organisation, either in terms of their numbers or in terms of their capacity to influence the organisation or its members), and

(b) whether or not members associate for the purpose of organising, planning, facilitating, supporting or engaging in the same serious criminal activities or different ones, and

(c) whether or not the members also associate for other purposes.