SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008 - SECT 14

SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008 - SECT 14

14—Revocation of declaration

        (1)         The Court may, at any time, revoke a declaration made under this Part in relation to an organisation on application—

            (a)         by the Commissioner; or

            (b)         by—

                  (i)         the organisation; or

                  (ii)         a person who made or provided submissions in relation to the application for the declaration; or

                  (iii)         with the permission of the Court—

                        (A)         any other member or former member of the organisation or person directly affected (whether or not adversely) by the declaration; or

                        (B)         any other person whom the Court considers should, in the interests of justice, be entitled to make the application.

        (2)         An application may not be made under subsection (1)(b) except with the permission of the Court if—

            (a)         an application has been made in relation to the organisation under that paragraph (whether by the same or a different applicant) within the preceding period of 12 months; or

            (b)         an application has been made in relation to the organisation under that paragraph (whether by the same or a different applicant) and that application has not been finally determined.

        (3)         An application under subsection (1) must—

            (a)         be in writing; and

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

            (c)         set out the information supporting the grounds on which revocation is sought; and

            (d)         be supported by at least 1 affidavit from the applicant verifying the contents of the application.

        (6)         If an application is made under subsection (1)(b), the applicant must, as soon as practicable, serve on the Commissioner a copy of the application and any supporting affidavit.

        (7)         If an application is made under subsection (1), the Commissioner must, as soon as practicable, publish a notice in the Gazette and a newspaper circulating generally throughout the State—

            (a)         specifying that an application has been made for revocation of a declaration under this Part in respect of the organisation; and

            (b)         advising interested parties of their rights in relation to making or providing submissions to the Court at the hearing of the application; and

            (c)         specifying the manner in which interested parties may inspect or apply to inspect a copy of the application; and

            (d)         specifying the date, time and place of the hearing.

        (9)         A declaration may be revoked on an application under subsection (1) if the Court is satisfied that, as at the time at which the application for revocation is made and heard, there would not be grounds for the making of a declaration in relation to the organisation.

        (10)         The Commissioner must, as soon as practicable after a declaration is revoked—

            (a)         make reasonable efforts to give notice of the revocation to any person who made or provided a submission in relation to the making of the declaration; and

            (b)         publish notice of the revocation in the Gazette and in a newspaper circulating generally throughout the State.

        (11)         In this section—

"interested party", in relation to an application, means an organisation or person who would, under section 15, be entitled to make an oral submission or provide a written submission to the Court at the hearing of the application.