10Revocation of declaration

#### 10 Revocation of declaration 10 Revocation of declaration > > (1) The Court may revoke a declaration under this Part on an application under this section. > > > (2) An application may be made by— > > > > > (a) the Commissioner, at any time, or > > > > > (b) the declared organisation or a member of the declared organisation, subject to this section. > > > (3) An application must— > > > > > (a) be in writing, and > > > > > (b) set out the grounds on which the revocation is sought, and > > > > > (c) set out the information supporting the grounds on which the revocation is sought. > > > (4) The application must be accompanied by any affidavit the applicant intends to rely on at the hearing of the application. > > > (5) The Commissioner is a party to any proceedings for an application by the declared organisation or a member of the declared organisation. > > > (6) The applicant must serve a copy of the application, with any accompanying affidavit, on the other party to the proceedings as soon as reasonably practicable after the application is filed. > > > (7) If the Commissioner is the applicant, service on the other party must be— > > > > > (a) by personal service, or > > > > > (b) if personal service is not practicable or the other party is an unincorporated association or group, by public notice. > > > (8) The Court may revoke a declaration on the application of the declared organisation or a member of the declared organisation only if satisfied that there has been a substantial change in the nature or membership of the declared organisation to the extent that— > > > > > (a) members of the organisation in New South Wales no longer associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity, and > > > > > (b) the continued existence of the organisation no longer represents an unacceptable risk to the safety, welfare or order of the community in this State. > > > (9) A declared organisation or a member of a declared organisation may not apply for the revocation of a declaration until at least 3 years after the declaration is made. > > > (10) The total number of applications for revocation made by the declared organisation and all members of the declared organisation cannot be more than 2 during the first 5 years after the declaration is made. > > > (11) As soon as reasonably practicable after the revocation or expiration of a declaration, the Commissioner must publish notice of the revocation or expiration in the Gazette and in at least one newspaper circulating throughout the State. > > **pt 2 (ss 5–13):** Subst 2013 No 12, Sch 1 \[7\].