South Australian Consolidated Acts South Australian Consolidated Acts10—Attorney-General may make declaration
(1) If, on the making
of an application by the Commissioner under this Part in relation to an
organisation, the Attorney-General 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 Attorney-General may make a declaration under this section in respect of
the organisation.
(2) The
Attorney-General must not make a declaration under this section in relation to
an application unless the period for making submissions in relation to the
application referred to in section 9(b) has expired.
(3) In considering
whether or not to make a declaration under this section, the Attorney-General
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—
(i)
current or former members of the organisation; or
(ii)
persons who associate, or have associated, with members
of the organisation;
(c) any
information suggesting that—
(i)
current or former members of the organisation; or
(ii)
persons who associate, or have associated, with 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 received from members of the public in relation to the application
in accordance with section 9;
(f) any
other matter the Attorney-General considers relevant.
(4) The
Attorney-General may, for the purposes of making a declaration under this
section, 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 Attorney-General is satisfied that only some of
the members associate for that purpose, the Attorney-General 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.