(2) In
exercising its discretion to declare information to be criminal intelligence,
the Court may have regard to whether matters mentioned in section 28B (a)
(i)-(iii) outweigh any unfairness to a respondent.
(3) Subsection (2) does
not limit the matters that the Court may consider in exercising its
discretion.
(4) If the information was provided to the relevant agency by an
informant, the Court may not declare that the information is
criminal intelligence unless some or all of the information is supported in a
material particular by other information before the Court.
(5) The supporting
information mentioned in subsection (4) may be other information before the
Court that is declared criminal intelligence or that is the subject of a
criminal intelligence application.
(6) If the Court is not satisfied
information is criminal intelligence or proposes to exercise its discretion
not to make the declaration, it must, before deciding the application, give
the Commissioner an opportunity to withdraw it.
(7) In this section:
"respondent" means a respondent to any existing or possible substantive
application in which the information mentioned in subsection (1) may be
considered.
