CRIMES (CRIMINAL ORGANISATIONS CONTROL) ACT 2012 - SECT 28U Registrar to secure information

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

28U Registrar to secure information

(1) The registrar of the Court must seal the following documents and store them in a secure place immediately upon their filing:

(a) a criminal intelligence application or any document filed in support of the application,

(b) any document containing declared criminal intelligence filed with or in support of a substantive application,

(c) any informant affidavit.

(2) The State Records Act 1998 does not apply to the documents.

(3) The documents must not be made available for inspection by anyone other than:

(a) the registrar, or

(b) the presiding judge or judge's associate (or a judge hearing an appeal or that judge's associate), or

(c) the criminal intelligence monitor, or

(d) a person conducting a review under Part 4, the Attorney General or a person to whom the Commissioner or the Attorney General authorises disclosure.

(4) However, the criminal intelligence monitor cannot inspect any part of the documents to the extent they disclose any identifying information about an informant.

(5) The registrar may:

(a) make electronic copies of the documents on a storage device, and

(b) after the end day for the application:

(i) return the documents that have been copied to the Commissioner, and

(ii) store the storage device, unconnected to any computer, in a secure place.

(6) This section applies even if the application concerned is withdrawn or dismissed.

(7) This section ceases to apply if the criminal intelligence declaration concerned is revoked.

(8) In this section:


"end day" , for the application, means:

(a) if the application ends before it is decided--the day the application ends, or

(b) if the application is decided:

(i) the last day on which an appeal may be made against the decision, or

(ii) if an appeal is made against the decision, the day the appeal ends.

"storage device" does not include a device that is a computer hard drive or other permanent part of a computer.