13Commissioner may apply for declaration

13 Commissioner may apply for declaration (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.

Part 3 Declared organisations Division 1 Making declaration Serious Crime Control Act 2009 10 (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.