Victorian Current Acts Victorian Current Acts(1) The Court, on an application under section 14 , may make a declaration—
(a) in the case of an organisation the subject of the application—that the organisation is a declared organisation;
(b) in the case of an individual the subject of the application—that the individual is a declared individual.
S. 19(2) substituted by No. 55/2014 s. 65(1), repealed by No. 27/2016 s. 29(1).
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S. 19(2A) inserted by No. 55/2014 s. 65(1), amended by No. 27/2016 s. 29(2).
(2A) The Court may make a declaration under subsection (1)(a) if the Court is satisfied on the balance of probabilities that—
(a) the matters set out in subsection (2B) apply to the organisation; and
(b) the activities of the organisation pose a serious threat to public safety and order.
S. 19(2B) inserted by No. 55/2014 s. 65(1), amended by No. 27/2016 s. 29(3).
(2B) For the purposes of subsection (2A)(a), the matters that apply to an organisation are, as the case requires—
(a) the organisation—
(i) has engaged in, organised, facilitated or supported serious criminal activity; or
(ii) is engaging in, organising, facilitating or supporting serious criminal activity; or
(b) any 2 or more members, former members or prospective members of the organisation have used or are using—
(i) the organisation; or
(ii) their relationship with that organisation or with that organisation's members, former members or prospective members—
for a criminal purpose; or
(c) any 2 or more members or prospective members of the organisation are also members, former members or prospective members of an organisation to which a control order applies; or
(d) control orders apply to any 2 or more members or prospective members of the organisation.
S. 19(2C) inserted by No. 55/2014 s. 65(1), amended by No. 27/2016 s. 29(4).
(2C) The Court may also make a declaration under subsection (1)(a) if the organisation gives its consent to the declaration being made.
Note
Section 135A specifies how consent is to be given.
S. 19(3) amended by No. 55/2014 s. 65(2)(a).
(3) The Court may make a declaration under subsection (1)(b) if the Court is satisfied on the balance of probabilities that—
S. 19(3)(a) amended by No. 55/2014 s. 65(2)(b).
(a) the individual is a member, former member or prospective member of the organisation identified in the application for the declaration in accordance with section 15(1)(ba); and
(b) that individual and at least one other member, former member or prospective member of that organisation have used or are using—
(i) that organisation; or
(ii) their relationship with that organisation or with that organisation's members—
for a criminal purpose; and
(c) the activities of that individual and the member, former member or prospective member pose a serious threat to public safety and order.
S. 19(3A) inserted by No. 55/2014 s. 65(3).
(3A) The Court may also make a declaration under subsection (1)(b) if the individual gives his or her consent to the declaration being made.
Note
Section 135A specifies how consent is to be given.
S. 19(4) amended by Nos 55/2014 s. 65(4), 27/2016 s. 29(5).
(4) The Court may decide that it is satisfied as required by subsection (2A) or (3) only if it is satisfied by acceptable, cogent evidence that is of sufficient weight to justify the making of a declaration.
S. 19(5) amended by No. 55/2014 s. 65(5)(a).
(5) For the purposes of subsections (2B)(b) and (3)(b), 2 or more members, former members or prospective members are using or have used an organisation or their relationship with the organisation for a criminal purpose if they are or were—
(a) associating for that purpose on land owned or occupied by the organisation; or
(b) associating for that purpose at premises (other than premises on land referred to in paragraph (a)) at which members commonly associate for meetings or other activities of the organisation; or
(c) using property owned or possessed by the organisation for that purpose; or
(d) in the case of an organisation that is an unincorporated body or association, using property made available by any person for use by any member of the organisation in their capacity as a member for that purpose; or
(e) associating at a meeting or event of the organisation for that purpose; or
(f) associating for that purpose while—
S. 19(5)(f)(i) amended by No. 55/2014 s. 65(5)(b).
(i) wearing or displaying any of the organisation's patches or insignia; or
(ii) identifying themselves as members, former members or prospective members of the organisation;
(g) using, for that purpose, information, contacts or access to persons or other opportunities which are or were available to them because of their membership of the organisation.
S. 19(6) amended by No. 55/2014 s. 65(6).
(6) Subsection (5) does not limit what may constitute using an organisation or a relationship with an organisation for a criminal purpose for the purposes of subsections (2A)(b) and (3)(b).
S. 19(7) inserted by No. 55/2014 s. 65(7), amended by No. 27/2016 s. 29(5).
(7) In making a declaration by consent in accordance with subsection (2C) or (3A), the Court is not required to consider the matters set out in subsections (2A) and (3).