WEAPONS ACT 1990 - SECT 142A Confidentiality of criminal intelligence

WEAPONS ACT 1990 - SECT 142A

142A Confidentiality of criminal intelligence

(1) This section applies to—

(a) a review, under the QCAT Act , of a relevant decision; or

(b) a review, under the Judicial Review Act 1991 , of a relevant decision; or

(c) an appeal, under the QCAT Act , in relation to a relevant decision.

(2) The court or tribunal deciding the appeal or reviewing the decision—

(a) must ensure that it does not, in the reasons for its decision or otherwise, disclose the content of any criminal intelligence on which the decision is based; and

(b) in order to prevent the disclosure of the criminal intelligence must receive evidence and hear argument in the absence of the public, the appellant or applicant for review and the appellant’s or applicant’s lawyer or representative; and

(c) may, as it considers appropriate to protect the confidentiality of criminal intelligence, take evidence consisting of criminal intelligence by way of affidavit of a police officer of at least the rank of superintendent.

(2A) If the court or tribunal considers information categorised as criminal intelligence by the commissioner has been incorrectly categorised as criminal intelligence, the commissioner may withdraw the information from consideration by the court or tribunal.

(2B) Information that is withdrawn by the commissioner under subsection (2A) must not be—

(a) disclosed to any person; or

(b) taken into consideration by the court or tribunal.

(2C) The Public Records Act 2002 does not apply to activities of, or records made or kept by, the court or tribunal to the extent that Act would otherwise enable criminal intelligence to be disclosed.

(3) In this section—


"criminal intelligence" means criminal intelligence or other information of the kind mentioned in section 10B (1) (ca) or 10C (1) that could, if disclosed, reasonably be expected—

(a) to prejudice the investigation of a contravention or possible contravention of this Act; or

(b) to enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of this Act, to be ascertained; or

(c) to endanger a person’s life or physical safety; or

(d) to prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of this Act; or

(e) to prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety.

"relevant decision" means any of the following decisions—

(a) a decision refusing an application for a licence or to renew a licence;

(b) a decision suspending or revoking a licence.