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SECOND-HAND DEALERS AND PAWNBROKERS ACT 1996 - SECT 5A

SECOND-HAND DEALERS AND PAWNBROKERS ACT 1996 - SECT 5A

5A—Criminal intelligence

        (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.