Serious Crime Control Act 2009

(1) At the hearing for a declaration application, the Supreme Court must determine whether there are grounds as mentioned in section 12(1)(a) and (b) for making a declaration in relation to the respondent and whether it is appropriate to do so.

(2) In considering whether or not to make a declaration, the Supreme Court may have regard to any of the following:

(a) whether the respondent is a declared organisation under a corresponding law;

(b) any information suggesting a link exists between the respondent and serious criminal activity;

(c) any convictions recorded in relation to current or former members of the respondent;

(d) any information suggesting current or former members of the respondent have been or are involved in serious criminal activity (whether directly or indirectly and whether or not the involvement has resulted in any convictions);

(e) any information suggesting members of an interstate or overseas chapter or branch of the respondent associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity;

(a) if it determines there are grounds as mentioned in section 12(1)(a) and (b) for making a declaration in relation to the respondent and it is appropriate to do so – make a declaration that the respondent is a declared organisation for this Act; or

(4) A declaration may be made whether or not the respondent is present.

(5) To avoid doubt, nothing prevents the making of a declaration in relation to an organisation that has been the subject of a previous declaration that has been revoked in accordance with this Part.