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SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 18 Eligible judge may make declaration

SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 18

Eligible judge may make declaration

    (1)     This section applies if a declaration application is made to an eligible judge in relation to an organisation, whether or not a hearing is held for the application.

    (2)     The eligible judge may make a declaration that the organisation is a declared organisation for this Act if satisfied:

    (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.

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

    (a)     whether the organisation is a declared organisation under a corresponding law;

    (b)     any information suggesting a link exists between the organisation and serious criminal activity;

    (c)     any convictions recorded in relation to current or former members of the organisation;

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

    (e)     any 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;

    (f)     any submissions made in relation to the declaration application by the Attorney-General or under section  15 ;

    (g)     any other matter the eligible judge considers relevant.

    (4)     To avoid doubt, if a hearing is held for the declaration application, a declaration may be made whether or not persons mentioned in section  15 (2) and (3) are present or make submissions.

    (5)     For subsection (2)(a), the eligible judge may be satisfied 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 only some of the members associate for that purpose, the eligible judge must be satisfied 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.