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(b) the continued existence of the organisation no longer represents an unacceptable risk to the safety, welfare or order of the community in this State.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.