CRIMINAL ORGANISATIONS CONTROL ACT 2012 - SECT 111

CRIMINAL ORGANISATIONS CONTROL ACT 2012 - SECT 111

111 .         Protection of criminal intelligence information in court proceedings under this Act

        (1)         This section applies to the following proceedings —

            (a)         an application for the making, revocation or variation of an interim control order, and the hearing of the application;

            (b)         an application for the making, variation or revocation of a control order, and the hearing of the application;

            (c)         an appeal under section 64 against a decision of the court in relation to the making of a control order, and the hearing of the appeal;

            (d)         an application for leave to appeal under section 64, and the hearing of the application;

            (e)         an application for the registration of an interstate control order that is referred to the court under section 135(2), and the hearing of the application;

            (f)         an application under section 148(1) for the registration of variations to a registered interstate control order, if the application is referred to the court under section 135(2), and the hearing of the application;

            (g)         an application under section 149 for the variation of a registered interstate control order, and the hearing of the application;

            (h)         an application under section 152 for the cancellation of the registration of an interstate control order, and the hearing of the application.

        (2)         In proceedings to which this section applies, the court must take all reasonable steps to maintain the confidentiality of information that the court considers to be properly classified by the Commissioner of Police or, as the case requires, the CC Commissioner as criminal intelligence information, including steps —

            (a)         to receive evidence and hear argument about the information in private and in the absence of any party to the proceedings other than the Commissioner of Police or, as the case requires, the CC Commissioner or the representative of either of them; and

            (b)         to prohibit the publication of evidence about criminal intelligence information.

        (3)         If the court considers that the information cannot properly be classified as criminal intelligence information, the court must —

            (a)         give the Commissioner of Police or, as the case requires, the CC Commissioner the opportunity to withdraw the information from consideration; and

            (b)         if the information is withdrawn, prohibit the publication of evidence about the information.

        (4)         Despite subsections (2) and (3), the court may disclose criminal intelligence information or information withdrawn under subsection (3) to any of the following —

            (a)         the Attorney General;

            (b)         the Parliamentary Commissioner, for the purposes of enabling the Parliamentary Commissioner to carry out his or her functions under Part 8 Division 1;

            (c)         a person conducting a review under Part 8 Division 2;

            (d)         another court;

            (e)         a person to whom the Commissioner of Police or, as the case requires, the CC Commissioner authorises disclosure.