INDUSTRIAL HEMP ACT 2017 - SECT 5
INDUSTRIAL HEMP ACT 2017 - SECT 5
(1) Information that
is classified by the Commissioner of Police as criminal intelligence for the
purposes of this Act may not be disclosed to any person other than the Chief
Executive, the Minister, the Tribunal, a court or a person to whom the
Commissioner of Police authorises its disclosure.
(2) If the
Commissioner of Police—
(a)
opposes the issuing or renewal of a licence; or
(b)
requests the suspension or cancellation of a licence,
on the basis of information that is classified by the Commissioner of Police
as criminal intelligence, the Chief Executive is not (despite any other
provision of this Act) required to provide any grounds or reasons for a
decision to refuse to issue or renew the licence or to suspend or cancel the
licence (as the case may be) other than that the decision was made in the
public interest.
(3) In any proceedings
under this Act, the Tribunal or a court—
(a)
must, on the application of the Commissioner of Police, take steps to maintain
the confidentiality of information classified by the Commissioner of Police 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
(b) may
take evidence consisting of or relating to information so classified by the
Commissioner of Police by way of affidavit of a police officer of or above the
rank of superintendent.
(4) The Commissioner
of Police may not delegate the function of classifying information as criminal
intelligence for the purposes of this Act except to a Deputy Commissioner or
Assistant Commissioner of Police.