18Revocation of declaration

18 Revocation of declaration (1) The Supreme Court may revoke a declaration on an application to do so under this section. (2) An application may be made by: (a) the Commissioner, at any time; or (b) subject to section 20 – the declared organisation, or a member of the declared organisation, to which the declaration relates. Note for subsection (2) Section 74 requires the Commissioner to notify the Attorney-General of an application made under this section. (3) The Commissioner is a party to any proceedings for an application made by the declared organisation or a member of the declared organisation.

Part 3 Declared organisations Division 3 Evidence Serious Crime Control Act 2009 13 (4) The Supreme Court may revoke the declaration only if satisfied there has been a substantial change in the nature or membership of the declared organisation to the extent that: (a) members of the organisation no longer associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity; and (b) the organisation no longer represents a risk to public safety and order. (5) If the Supreme Court decides to revoke a declaration, the declaration is revoked on the date specified by the Court, which must be no earlier than 28 days after the day on which the decision of the Court takes effect.