SECOND-HAND DEALERS AND PAWNBROKERS ACT 1996 - SECT 5A
SECOND-HAND DEALERS AND PAWNBROKERS ACT 1996 - SECT 5A
(a1) 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
Minister, a court or a person to whom the Commissioner of Police authorises
its disclosure.
(1) If the
Commissioner of Police—
(a)
disqualifies a person from commencing or continuing to carry on business as a
second-hand dealer under Part 2, or refuses to revoke a disqualification under
that Part; 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 of Police is not required to provide any grounds or reasons
for the decision other than that it would be contrary to the public interest
if the person were to carry on business as a second-hand dealer.
(2) In any proceedings
relating to this Act, the court determining the proceedings—
(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 that is so classified
by the Commissioner of Police by way of affidavit of a police officer of or
above the rank of superintendent.
(3) 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.