(iii) information suggesting current or
former members of the organisation in New South Wales have been, or are,
involved in serious criminal activity, whether directly or indirectly and
whether or not the involvement resulted in convictions,
(iv) information
suggesting 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, and
(3) A declaration may be made whether or not
the respondent is present or makes submissions.
(4) The Court may, for the
purpose of making the 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 all the
members in New South Wales associate for that purpose or only some of the
members, and
(b) whether members in New South Wales associate for that
purpose for the same serious criminal activities or different ones, and
(c)
whether or not the members in New South Wales also associate for other
purposes.
(5) For the purposes of subsection (4) (a), the Court may act on
the basis of satisfaction that only some of the members in New South Wales
associate for the purpose mentioned in the subsection only if the Court is
satisfied that those members constitute a significant group within the
organisation in New South Wales, either:
(a) in terms of their numbers, or
(b) in terms of their capacity to influence the organisation or its members in
New South Wales.