Victorian Numbered Acts

CRIMINAL ORGANISATIONS CONTROL AND OTHER ACTS AMENDMENT ACT 2014 (NO. 55 OF 2014) - SECT 70

For section 29 of the Criminal Organisations Control Act 2012 substitute —

        "     29     Determination of application for revocation of declaration in respect of organisation

    (1)     The Court may, in accordance with this section, revoke a declaration in respect of an organisation on an application under section 27.

    (2)     The Court may revoke a prohibitive declaration made on the basis that the Court was satisfied of the matters set out in section 19(2) if the Court is—

        (a)     no longer satisfied beyond reasonable doubt that the matters set out in section 19(2B) apply to the declared organisation; or

        (b)     no longer satisfied on the balance of probabilities that the activities of the declared organisation pose a serious threat to public safety and order.

    (3)     The Court may revoke a restrictive declaration made on the basis that the Court was satisfied of the matters set out in section 19(2A) if the Court is no longer satisfied on the balance of probabilities that both—

        (a)     the matters set out in section 19(2B) apply to the declared organisation; and

        (b)     the activities of the declared organisation pose a serious threat to public safety and order.

    (4)     The Court may revoke a prohibitive declaration made by consent in accordance with section 19(2C) if the Court—

        (a)     is not satisfied beyond reasonable doubt that the matters set out in section 19(2B) apply to the declared organisation; or
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        (b)     is not satisfied on the balance of probabilities that the activities of the declared organisation pose a serious threat to public safety and order.

    (5)     The Court may revoke a restrictive declaration made by consent in accordance with section 19(2C) if the Court is not satisfied on the balance of probabilities that both—

        (a)     the matters set out in section 19(2B) apply to the declared organisation; and

        (b)     the activities of the declared organisation pose a serious threat to public safety and order.

    (6)     The Court may revoke a declaration in respect of an organisation if the respondent gives consent to the revocation.

Note

Section 135A specifies how consent is to be given.".