(1) This section applies if the information that the Commissioner applies to
be declared criminal intelligence (the
"relevant intelligence" ) was provided to the relevant agency by an informant.
(2) The informant cannot be called or otherwise required to give evidence.
(3) The Commissioner must, at any time before the hearing of the application,
file an affidavit by an officer of the relevant agency.
(4) The affidavit
must:
(a) state:
(i) the relevant agency, and
(ii) the officer's position at
the relevant agency, and
(b) state that the officer reasonably believes, and
has made all reasonable efforts to ensure, the officer has full knowledge of:
(i) the information held by the relevant agency about the informant, and
(ii)
the intelligence held by the relevant agency that was provided by the
informant, and
(c) state that the officer reasonably believes the relevant
agency has made all reasonable enquiries about the existence, and to obtain
the details, of any allegations of professional misconduct against the
informant, and
(d) contain the following information about the informant:
(i)
the informant's full criminal history, including pending charges,
(ii) any
information held by the relevant agency about allegations of professional
misconduct against the informant,
(iii) any inducements or rewards offered or
provided to the informant in return for assistance,
(iv) whether the
informant was an adult or a child when the informant provided the
relevant intelligence to the relevant agency,
(v) whether the informant was
serving a term of imprisonment or otherwise being held in custody when the
informant provided the relevant intelligence to the relevant agency, and
(e)
state:
(i) that the officer holds an honest and reasonable belief that the
relevant intelligence is reliable, and
(ii) the reasons for that belief.
(5)
For the purposes of subsection (4) (d) (i), it is sufficient description of a
conviction or charge in the informant's criminal history to state that the
conviction or charge related to property, violence or another stated matter,
and if it involved dishonesty, without providing further particulars of the
offence to which the conviction or charge relates.
(6) For the purposes of
subsection (4) (d) (ii), it is sufficient to state whether or not there have
been any allegations of professional misconduct against the informant and if
any misconduct or alleged misconduct involved dishonesty.
(7) For the
purposes of subsection (4) (d) (i) and (ii), the description in the affidavit
of a conviction or charge in the informant's criminal history or an allegation
of professional misconduct against the informant:
(a) need not state the date
of the conviction or charge or date on which the offence was committed or is
alleged to have been committed or date on which the misconduct happened or is
alleged to have happened, but
(b) if it does not state such a date, must
state the time of the conviction, charge, offence, alleged offence, misconduct
or alleged misconduct as being in a stated period of not more than 7 years.
(8) Other than information about the informant's criminal history or an
allegation of professional misconduct against the informant given in the
affidavit under subsections (4)-(7), information about the informant's
criminal history or an allegation of professional misconduct against the
informant cannot be required to be given to the Court.
(9) Subsection (8)
does not prevent further information being given to the Court other than under
a requirement.
(10) The requirement under subsection (4) (d) (i) to state the
informant's full criminal history applies only to the extent of the
information held by the relevant agency if:
(a) the agency is an external
agency, and
(b) the affidavit states that the officer believes:
(i) the
agency might not hold all the information comprising the informant's criminal
history, and
(ii) an officer of the agency:
(A) could not lawfully obtain
further information about the informant's criminal history, or
(B) could not
obtain further information about the informant's criminal history without
disclosing the identity of the informant.
