CRIMES (CRIMINAL ORGANISATIONS CONTROL) ACT 2009 - SECT 28 Criminal intelligence

This legislation has been repealed.

CRIMES (CRIMINAL ORGANISATIONS CONTROL) ACT 2009 - SECT 28

28 Criminal intelligence

(1) This section applies to and in respect of:

(a) an application for a declaration made to, and the hearing of the application by, an eligible Judge under Part 2, and

(b) an application for the making, variation or revocation of an interim control order or control order made to, and the hearing of the application by, the Court under Part 3.

(2) In this section, the eligible Judge and the Court are referred to as the "determining authority".

(3) A determining authority is to take steps to maintain the confidentiality of information that the determining authority considers to be properly classified by the Commissioner as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives and the public.

(4) If the determining authority considers that the information cannot properly be classified as criminal intelligence, the determining authority must ask the Commissioner whether the Commissioner wishes to withdraw the information from consideration.

(5) Information that is withdrawn by the Commissioner must not be disclosed to any person (except a person conducting a review under this Part or the Attorney General or a person to whom the Commissioner or Attorney General authorises disclosure).

(6) Despite subsection (3), the determining authority may disclose to the Attorney General, a person conducting a review under this Part, a court or a person to whom the Commissioner authorises disclosure any information the determining authority considers to be properly classified by the Commissioner as criminal intelligence.