Crimes (Sentencing) Act 2005

The director of public prosecutions may apply to a court for a decision that an offender committed a schedule offence—

in connection with a criminal group; or

while associated with a criminal group.

However, the application may only be made if the director of public prosecutions gives the court oral notice of the proposed application immediately after the offender was found guilty of, or pleaded guilty to, the schedule offence.

The application must—

be in writing; and

identify the offender; and

set out information in support of the application.

The application must be filed in the court within 7 days after the day the offender was found guilty of, or pleaded guilty to, the schedule offence, or any longer period allowed by the court.

The director of public prosecutions must serve a copy of the application, with any supporting affidavit, on the offender as soon as reasonably practicable after the application is filed.

However, subsection (5) does not require the director to disclose criminal intelligence.