South Australian Consolidated Acts South Australian Consolidated Acts (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
Commissioner, the Minister, a court or a person to whom the Commissioner of
Police authorises its disclosure.
(2) If a licensing
authority—
(a)
refuses an application for a licence, the transfer of a licence or an
approval, or takes disciplinary action against a person, or revokes or
proposes to revoke an approval under Part 4 Division 10A; and
(b) the
decision to do so is made because of information that is classified by the
Commissioner of Police as criminal intelligence,
the licensing authority is not required to provide any grounds or reasons for
the decision other than that to grant the application would be contrary to the
public interest, or that it would be contrary to the public interest if the
person were to be or continue to be licensed or approved, or that it would be
contrary to the public interest if the approval were to continue in force.
(3) If the
Commissioner of Police lodges an objection to an application under Part 4
because of information that is classified by the Commissioner of Police as
criminal intelligence—
(a) the
Commissioner of Police is not required to serve a copy of the notice of
objection on the applicant; and
(b) the
licensing authority must, at least 7 days before the day appointed for the
hearing of the application, advise the applicant in writing that the
Commissioner of Police has objected to the application on the ground that to
grant the application would be contrary to the public interest.
(4) If the
Commissioner or the Commissioner of Police lodges a complaint under Part 8 in
respect of a person because of information that is classified by the
Commissioner of Police as criminal intelligence, the complaint need only state
that it would be contrary to the public interest if the person were to be or
continue to be licensed or approved.
(5) If the
Commissioner of Police bars a person from entering or remaining on licensed
premises by order under Part 9 Division 3 because of information that is
classified by the Commissioner of Police as criminal intelligence, the order
need only state that it would be contrary to the public interest if the person
were not so barred.
(5a) In any
proceedings under this Act to be determined by the Commissioner, the
Commissioner must maintain the confidentiality of information classified by
the Commissioner of Police as criminal intelligence.
(5b) In any
proceedings under this Act to be determined by the Court or the Supreme Court,
the Commissioner or the Commissioner of Police may apply to the court for a
determination that information classified by the Commissioner of Police as
criminal intelligence is criminal intelligence.
(5c) The court must
maintain the confidentiality of information that is the subject of an
application under subsection (5b).
(5d) If, on an
application under subsection (5b), the court proposes to determine that
the information is not criminal intelligence, the applicant must be informed
of the proposed determination and given the opportunity to withdraw the
information from the proceedings.
(5e) If the court
determines that the information is criminal intelligence or the information is
withdrawn, the court must continue to maintain the confidentiality of the
information.
(5f) The
confidentiality of information is maintained only if—
(a) the
information is not used except for the purposes of the proceedings; and
(b) the
information is not disclosed to any parties to the proceedings (other than the
Commissioner or the Commissioner of Police), the representatives of such
parties or any member of the public; and
(c)
evidence and submissions about the information are received and heard in
private in the absence of any parties to the proceedings (other than the
Commissioner or the Commissioner of Police) and the representatives of such
parties and are not disclosed to any member of the public; and
(d) the
information is not disclosed in any reasons for decision.
(5g) The Commissioner
or the court may take any steps it considers appropriate to maintain the
confidentiality of the information.
(5h) The duties
imposed by this section on the Court and the Supreme Court apply to any court
dealing (on appeal or otherwise) with information that has been determined to
be criminal intelligence or with the question of whether information
classified by the Commissioner of Police as criminal intelligence is criminal
intelligence.
(6) 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.
(7) A delegation by
the Commissioner of Police under subsection (6)—
(a) must
be by instrument in writing; and
(b) may
be absolute or conditional; and
(c) does
not derogate from the power of the Commissioner of Police to act in any
matter; and
(d) is
revocable at will by the Commissioner of Police.
Note—
Subsection (5f) had not come into operation at the date of the
publication of this version.