5Commissioner may apply for declaration

#### 5 Commissioner may apply for declaration 5 Commissioner may apply for declaration > > (1) The Commissioner may apply to the Court for a declaration that a particular organisation (the respondent) is a criminal organisation for the purposes of this Act. > > > (2) The application must— > > > > > (a) be in writing, and > > > > > (b) identify the organisation, and > > > > > (c) describe the nature of the organisation and any of its distinguishing characteristics, and > > > > > (d) set out the grounds on which the declaration is sought, and > > > > > (e) set out the information supporting the grounds on which the declaration is sought, and > > > > > (f) set out details of any previous application for a declaration of the organisation and the outcome of that application, and > > > > > (g) state that a response to the application may be filed under section 6. > > > (3) The application must be accompanied by any affidavit the Commissioner intends to rely on at the hearing of the application. > > > (4) For the purposes of subsection (2) (b), it is sufficient if the organisation is identified by specifying its name or the name by which it is commonly known or by providing other particulars about the organisation. > > > (5) The application, with any accompanying affidavit, must— > > > > > (a) be filed in the Court, and > > > > > (b) on filing, have as the return date for the hearing fixed by the registrar of the Court a day within 35 days after the filing, and > > > > > (c) after being filed, be served by the Commissioner on the respondent— > > > > > > > (i) by personal service within 7 business days after the filing, or > > > > > > > (ii) if personal service is not practicable, or if the respondent is an unincorporated association or group, by public notice within 10 days after the filing. > > > (6) The Court may extend the return date under this section on such conditions the Court considers appropriate. > > **pt 2 (ss 5–13):** Subst 2013 No 12, Sch 1 \[7\].