Northern Territory Numbered Acts Northern Territory Numbered ActsPart 3
repeal, insert
(1) The grounds for making a declaration under section 15 in relation to an organisation are:
(a) that members of the organisation associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity; and
(b) that the organisation represents a risk to public safety and order.
(2) For subsection (1)(a), the Supreme Court may be satisfied 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 Court is satisfied only some of the members associate for that purpose, the Court must be satisfied 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.
(1) The Commissioner may apply to the Supreme Court for a declaration under section 15 that an organisation is a declared organisation for this Act if the Commissioner reasonably believes there are grounds as mentioned in section 12(1)(a) and (b) for making a declaration in relation to the organisation.
Note for subsection (1)
Section 74 requires the Commissioner to notify the Attorney-General of the declaration application.
(2) The declaration application may identify the respondent by specifying the name of the respondent or the name by which the respondent is commonly known or by providing other particulars identifying the respondent.
(3) The declaration application must be supported by an affidavit from the Commissioner or affidavits from one or more other senior police officers.
(4) The affidavit or, if there is more than one, the affidavits together must include the following:
(a) a description of the nature of the respondent and any of its distinguishing characteristics;
(b) a statement as to whether the respondent is a declared organisation under a corresponding law;
(c) the name of any person the deponent of the affidavit reasonably believes is a member or former member of the respondent, or the name by which the person is commonly known;
(d) information supporting the grounds on which the declaration is sought;
(e) details of any previous declaration application made in relation to the respondent and the outcome of the application.
(1) This section applies if a person:
(a) wishes to make a submission in relation to a declaration application; but
(b) does not wish to be present at the hearing for the declaration application because the person reasonably believes he or she may be subjected to action comprising or involving injury, damage, loss, intimidation or harassment in reprisal for making the submission.
(2) The Supreme Court may allow the person to make a submission to the Court in private in the absence of the parties to the proceedings, their representatives and the public (a protected submission ).
(3) If a protected submission is made, the Supreme Court must take steps to maintain the confidentiality of the submission.
(4) Despite subsections (2) and (3):
(a) the registrar must advise the Commissioner and Attorney-General about a protected submission before it is made; and
(b) the Commissioner and Attorney-General are entitled to be present when the submission is made.
(5) In this section, a reference to the Commissioner or the Attorney-General includes a legal practitioner representing the Commissioner or the Attorney-General or both.
(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;
(f) any other matter the Court considers relevant.
(3) The Supreme Court may:
(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
(b) if it determines otherwise – dismiss the application.
(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.
(1) As soon as practicable after a declaration is made under this Part, the Commissioner must publish notice of the declaration:
(a) in the Gazette ; and
(b) in a newspaper circulating throughout the Territory.
(2) The declaration is of no effect until notice of it is published under subsection (1)(a).
(1) A declaration remains in force unless and until it is revoked in accordance with this Part.
(2) A change in the name or membership of a declared organisation does not affect the declaration relating to the organisation.
(1) The Supreme Court may revoke a declaration on an application to do so under this section.
(2) An application may be made by:
(a) the Commissioner, at any time; or
(b) subject to section 20 – the declared organisation, or a member of the declared organisation, to which the declaration relates.
Note for subsection (2)
Section 74 requires the Commissioner to notify the Attorney-General of an application made under this section.
(3) The Commissioner is a party to any proceedings for an application made by the declared organisation or a member of the declared organisation.
(4) The Supreme Court may revoke the declaration only if satisfied there has been a substantial change in the nature or membership of the declared organisation to the extent that:
(a) members of the organisation no longer associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity; and
(b) the organisation no longer represents a risk to public safety and order.
(5) If the Supreme Court decides to revoke a declaration, the declaration is revoked on the date specified by the Court, which must be no earlier than 28 days after the day on which the decision of the Court takes effect.
As soon as reasonably practicable after a declaration is revoked, the Commissioner must publish notice of the revocation in the Gazette and in a newspaper circulating throughout the Territory.
(1) A declared organisation or a member of a declared organisation may not apply for the revocation of a declaration until at least 12 months after the declaration is made.
(2) An application may not be made under section 18(2)(b) if any application has been made under that paragraph (whether by the same or a different applicant) within the preceding period of 12 months.
(1) This section applies to:
(a) the hearing of an application made under this Part by the Supreme Court; and
(b) the hearing of an appeal against a decision of the Supreme Court under this Part by the Court of Appeal.
(2) In conducting the hearing the court is not bound by the rules of evidence and may inform itself in any way it considers appropriate.