Crimes (Criminal Organisations Control) Act 2012

The Court may make a declaration that the respondent is a criminal organisation for the purposes of this Act if the Court is satisfied that—

the respondent is an organisation, and

members of the organisation in New South Wales associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity, and

the continued existence of the organisation is an unacceptable risk to the safety, welfare or order of the community in this State.

In considering whether or not to make a declaration, the Court must have regard to—

the following information before the Court—

information suggesting a link exists between the organisation and serious criminal activity in New South Wales,

any conviction for current or former members of the organisation in New South Wales,

information suggesting current or former members of the organisation in New South Wales have been, or are, involved in serious criminal activity, whether directly or indirectly and whether or not the involvement resulted in convictions,

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, and

anything else the Court considers relevant.

A declaration may be made whether or not the respondent is present or makes submissions.

The Court may, for the purpose of making the declaration, be satisfied that members of an organisation associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity—

whether all the members in New South Wales associate for that purpose or only some of the members, and

whether members in New South Wales associate for that purpose for the same serious criminal activities or different ones, and

whether or not the members in New South Wales also associate for other purposes.

For the purposes of subsection (4) (a), the Court may act on the basis of satisfaction that only some of the members in New South Wales associate for the purpose mentioned in the subsection only if the Court is satisfied that those members constitute a significant group within the organisation in New South Wales, either—

in terms of their numbers, or

in terms of their capacity to influence the organisation or its members in New South Wales.

A declared organisation is taken to include any organisation into which the members substantially restructure themselves with or without dissolving the organisation named in the declaration.