CRIMES (CRIMINAL ORGANISATIONS CONTROL) ACT 2012 - SECT 28G Application for declaration of criminal intelligence

CRIMES (CRIMINAL ORGANISATIONS CONTROL) ACT 2012 - SECT 28G

28G Application for declaration of criminal intelligence

(1) The Commissioner may apply to the Court for a declaration that particular information is criminal intelligence, but only if the Commissioner reasonably believes the information is criminal intelligence.

(2) The application must:

(a) be in writing, and

(b) identify the information, and

(c) state the relevant agency for the information, and

(d) state:

(i) that the Commissioner seeks a declaration that the information is criminal intelligence, and

(ii) the grounds on which the declaration is sought, and

(e) include an explanation of:

(i) the relevant agency's intelligence assessment system, and

(ii) the assessment of the information that was made under the system.

(3) An affidavit to be relied on by the Commissioner at the hearing of the application must be filed with the application.

(4) An affidavit to be relied on by the Commissioner at the hearing of the application may contain statements based on information and belief if the person making the affidavit states the sources of the information and the grounds for the belief (despite any rule relating to the admission of hearsay or other evidence in proceedings before the Court).

(5) If any of the information has been provided by an informant, the application and affidavits and other material filed with the application need not include any identifying information about the informant and identifying information about the informant cannot otherwise be required to be given to the Court.

(6) In this section:


"intelligence assessment system" means a system for assessing information relating to actual or suspected criminal activity according to:

(a) the reliability of the source of the information, and

(b) the validity of the information.