SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 22 Revocation of declaration

SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 22

    (1)     Subject to subsection (8), the eligible judge who made a declaration under section  18 may revoke it:

    (a)     on the written request of the Commissioner; or

    (b)     on application (a revocation application ) by a member of the declared organisation for the revocation of the declaration.

    (2)     A revocation application must:

    (a)     be in writing; and

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

    (c)     set out 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)     As soon as practicable after making a revocation application, the applicant must notify the Commissioner about the application.

Note for subsection (3)

Section  74 requires the Commissioner to notify the Attorney-General of the revocation application.

    (4)     The eligible judge may refuse to consider a revocation application if:

    (a)     at least 1 revocation application has previously been made in relation to the declaration; and

    (b)     the judge does not consider the revocation application before him or her sets out any new grounds for the revocation.

    (5)     In considering a revocation application, the eligible judge must allow the applicant and the Commissioner to appear before him or her and make submissions in relation to it.

    (6)     The eligible judge may revoke a declaration on a revocation application only if satisfied 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; or

    (b)     the organisation no longer represents a risk to public safety and order.

    (7)     As soon as practicable after a declaration is revoked, the Commissioner must:

    (a)     publish notice of its revocation in the Gazette and a newspaper circulating generally throughout the Territory; and

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

    (8)     If the eligible judge who made a declaration has died, has ceased to be an eligible judge or is absent from the Territory or otherwise unavailable, a power exercisable by the eligible judge under this section may be exercised by any other eligible judge.