QLD Criteria to be Declared Criminal Organization?
- Thread starter Ivan Bates
- Start date
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- criminal law
The criteria is listed in the Criminal Organisation Act 2009. Section 8 sets out that the Commissioner may apply to the court for a declaration, declaring an organisation, a criminal organisation.
Section 10 sets out the criteria:
(1) The court may make a declaration that the respondent is a criminal organisation if the court is satisfied that—
(a) the respondent is an organisation; and
(b) members of the organisation associate for the purpose of engaging in, or conspiring to engage in, serious criminal activity; and
(c) the organisation is an unacceptable risk to the safety, welfare or order of the community.
(2) In considering whether or not to make a declaration, the court must have regard to—
(a) the following information before the court—
(i) information suggesting a link exists between the organisation and serious criminal activity;
(ii) any conviction for current or former members of the organisation;
(iii) information suggesting current or former members of the organisation have been, or are, involved in serious criminal activity, whether directly or indirectly and whether or not the involvement resulted in convictions;
(iv) information suggesting members of an interstate or overseas chapter or branch of the organisation associate for the purpose of engaging in, or conspiring to engage in, serious criminal activity; and(b) anything else the court considers relevant.
Further, s10(4) sets out the following which is noteworthy:
(4) The court may, for making the declaration, be satisfied that members of an organisation associate for the purpose of engaging in, or conspiring to engage in, serious criminal activity—
(a) whether all the members associate for that purpose or only some of the members; and
(b) whether members associate for that purpose for the same serious criminal activities or different ones; and
(c) whether or not the members also associate for other purposes.
Section 10 sets out the criteria:
(1) The court may make a declaration that the respondent is a criminal organisation if the court is satisfied that—
(a) the respondent is an organisation; and
(b) members of the organisation associate for the purpose of engaging in, or conspiring to engage in, serious criminal activity; and
(c) the organisation is an unacceptable risk to the safety, welfare or order of the community.
(2) In considering whether or not to make a declaration, the court must have regard to—
(a) the following information before the court—
(i) information suggesting a link exists between the organisation and serious criminal activity;
(ii) any conviction for current or former members of the organisation;
(iii) information suggesting current or former members of the organisation have been, or are, involved in serious criminal activity, whether directly or indirectly and whether or not the involvement resulted in convictions;
(iv) information suggesting members of an interstate or overseas chapter or branch of the organisation associate for the purpose of engaging in, or conspiring to engage in, serious criminal activity; and(b) anything else the court considers relevant.
Further, s10(4) sets out the following which is noteworthy:
(4) The court may, for making the declaration, be satisfied that members of an organisation associate for the purpose of engaging in, or conspiring to engage in, serious criminal activity—
(a) whether all the members associate for that purpose or only some of the members; and
(b) whether members associate for that purpose for the same serious criminal activities or different ones; and
(c) whether or not the members also associate for other purposes.
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