South Australian Consolidated Acts

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SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008 - SECT 21

21—Criminal intelligence

        (1)         No information provided by the Commissioner to a court for the purposes of proceedings relating to the making, variation or revocation of a control order may be disclosed to any person (except to the Attorney-General, a person conducting a review under Part 6, a court or a person to whom the Commissioner authorises its disclosure) if the information is properly classified by the Commissioner as criminal intelligence.

        (2)         In any proceedings relating to the making, variation or revocation of a control order, the court determining the proceedings—

            (a)         must, on the application of the Commissioner, take steps to maintain the confidentiality of information properly classified by the Commissioner 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 that is so classified by the Commissioner by way of affidavit of a police officer of or above the rank of superintendent.



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