SUMMARY OFFENCES ACT 1953 - SECT 74BU
SUMMARY OFFENCES ACT 1953 - SECT 74BU
(1) In any proceedings
under this Part the magistrate 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 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.
(2) The duties imposed
on a magistrate by subsection (1) in relation to proceedings under this
Part apply to any court dealing with information properly classified under
this Part as criminal intelligence or with the question of whether information
has been properly classified under this Part by the Commissioner of Police as
criminal intelligence.
(3) The Commissioner
of Police may not delegate the function of classifying information as
criminal intelligence for the purposes of this Part except to a Deputy
Commissioner or Assistant Commissioner of Police.