SERIOUS CRIME CONTROL ACT 2009 - SECT 73 Criminal intelligence
SERIOUS CRIME CONTROL ACT 2009 - SECT 73
Criminal intelligence(1) This section applies to the following:
(a) an application for the making or revocation of a declaration made to, and the hearing of the application by, the Supreme Court under Part 3;
(b) an appeal against a decision of the Supreme Court under Part 3 made to, and the hearing of the appeal by, the Court of Appeal;
(c) an application for the making, variation or revocation of a control order made to, and the hearing of the application by, the Supreme Court under Part 4;
(d) an objection to the making of a control order made to, and the hearing of the objection by, the Supreme Court under Part 4;
(e) an appeal against a decision of the Supreme Court under Part 4 made to, and the hearing of the appeal by, the Court of Appeal;
(f) an application for the making of an authorisation order, and the hearing of the application by the Local Court or the dealing with the application by a Local Court Judge, under Part 5;
(g) an objection to the making of a public safety order made to, and the hearing of the objection by, the Local Court under Part 5;
(h) an appeal against a decision of a Local Court Judge or the Local Court under Part 5 made to, and the hearing of the appeal by, the Supreme Court;
(i) an application for the making of a fortification removal order made to, and the hearing of the application by, the Local Court under Part 6;
(j) an objection to the making of a fortification removal order made to, and the hearing of the objection by, the Local Court under Part 6;
(k) an appeal against a decision of the Local Court under Part 6 made to, and the hearing of the appeal by, the Supreme Court.
(2) A court to which an application, objection or appeal to which this section applies is made, must take steps to maintain the confidentiality of classified information provided to it by the Commissioner, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings, their representatives and the public, if the court considers the classified information is criminal intelligence.
(3) If the court considers classified information is not criminal intelligence, the court must allow the Commissioner to withdraw the classified information from consideration.
(4) A person (other than the Commissioner or a person authorised by the Commissioner) must not disclose information the court considers is criminal intelligence.
Fault elements:
The person:
(a) knows, or is reckless as to whether, the information is considered criminal intelligence; and
(b) is reckless as to whether the information is disclosed.
Maximum penalty: 2 000 penalty units or imprisonment for 5 years.
(5) A person (other than the Commissioner or a person authorised by the Commissioner) must not disclose classified information that is withdrawn under subsection (3) to any person except:
(a) a person conducting a review under section 85 or 86; or
(b) the Attorney-General; or
(c) a person to whom the Commissioner or Attorney-General authorises disclosure.
Fault elements:
The person:
(a) knows, or is reckless as to whether, the Commissioner has withdrawn the classified information; and
(b) is reckless as to whether the information is disclosed.
Maximum penalty: 2 000 penalty units or imprisonment for 5 years.
(6) Despite subsections (2) and (4), the court may disclose information it considers is criminal intelligence to:
(a) a person conducting a review under section 85 or 86; or
(b) the Attorney-General; or
(c) a court or a person to whom the Commissioner authorises disclosure.
(7) In this section:
"court" means a Local Court Judge, the Local Court, the Supreme Court or the Court of Appeal.