SECURITY AND INVESTIGATION INDUSTRY ACT 1995 - SECT 5B
SECURITY AND INVESTIGATION INDUSTRY ACT 1995 - SECT 5B
(1) No information
provided by the Commissioner of Police to the Commissioner may be disclosed to
any person (except the Minister, a court or a person to whom the Commissioner
of Police authorises its disclosure) if the information is classified by the
Commissioner of Police as criminal intelligence.
(2) If the
Commissioner—
(a)
refuses an application for a security agents licence or security
industry trainers licence or an approval as a security industry training
provider, or imposes a condition on or suspends a security agents licence or
security industry trainers licence; and
(b) the
decision to do so is made because of information that is classified by the
Commissioner of Police as criminal intelligence,
the Commissioner 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
licence were to continue in force without the condition, or that it would be
contrary to the public interest if the licensee were to continue to be
licensed.
(3) If the
Commissioner of Police objects to an application under section 8A because
of information that is classified by the Commissioner of Police as
criminal intelligence, the Commissioner must, as soon as reasonably
practicable after receiving the notice of objection, instead of serving a copy
of the notice of objection on the applicant, 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 4
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 specified in the complaint were to be or
continue to be licensed.
(5) In any proceedings
under this Act, the Commissioner or the 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 classified by the
Commissioner of Police as criminal intelligence by way of affidavit of a
police officer of or above the rank of superintendent.
(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.