SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 73 Criminal intelligence
SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 73
Criminal intelligence(1) This section applies to the following:
(a) an application for a declaration made to, and the hearing of the application by, an eligible judge under Part 3;
(b) 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;
(c) an appeal against a determination of the Supreme Court made to, and the hearing of the appeal by, the Court of Appeal under Part 4;
(d) an application for the making of an authorisation order made to, and the hearing of the application by, the Court of Summary Jurisdiction under Part 5;
(e) an objection to the making of a public safety order made to, and the hearing of the objection by, the Court of Summary Jurisdiction under Part 5;
(f) an appeal against a determination of a magistrate or the Court of Summary Jurisdiction made to, and the hearing of the appeal by, the Supreme Court under Part 5;
(g) an application for the making of a fortification removal order made to, and the hearing of the application by, the Court of Summary Jurisdiction under Part 6;
(h) an objection to the making of a fortification removal order made to, and the hearing of the objection by, the Court of Summary Jurisdiction under Part 6;
(i) an appeal against a determination of the Court of Summary Jurisdiction made to, and the hearing of the appeal by, the Supreme Court under Part 6.
(2) A determining authority 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 determining authority considers the classified information is criminal intelligence.
(3) If the determining authority considers classified information is not criminal intelligence, the determining authority 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 determining authority 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 2010_Acts057.html#Elkera_Print_TOC74">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 determining authority may disclose information it considers is criminal intelligence to:
(a) a person conducting a review under section 85 or 2010_Acts057.html#Elkera_Print_TOC74">86 ; or
(b) the Attorney-General; or
(c) a court or a person to whom the Commissioner authorises disclosure.
(7) In this section:
"determining authority" means an eligible judge, the Court of Summary Jurisdiction, the Supreme Court or the Court of Appeal.