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LIQUOR CONTROL ACT 1988 - SECT 30

LIQUOR CONTROL ACT 1988 - SECT 30

30 .         Confidential police information, use and protection of

        (1)         For the purposes of this section, the Commissioner of Police may classify as confidential any information or document held by the Commissioner of Police.

        (2)         Despite any other provision of this Act, any information or document provided by the Commissioner of Police to the licensing authority for the purposes of this Act must not be published or disclosed by the licensing authority to any person (except to the Minister, the Parliamentary Commissioner for Administrative Investigations appointed under section 5 of the Parliamentary Commissioner Act 1971 , the Corruption and Crime Commission established under the Corruption, Crime and Misconduct Act 2003 , the Parliamentary Inspector of the Corruption and Crime Commission appointed under the Corruption, Crime and Misconduct Act 2003 , a court or a person to whom the Commissioner of Police authorises its disclosure) if the information or document is classified as confidential police information.

        (3)         If —

            (a)         the licensing authority —

                  (i)         refuses an application for a licence, for approval of the transfer of a licence, or for approval of a person’s occupation of a position of authority in a body corporate under section 33(5); or

                  (ii)         refuses approval of the appointment of a person as a trustee under section 35A; or

                  (iii)         refuses to approve a person as an approved unrestricted manager or approved restricted manager under section 102B(1), or revokes or suspends such an approval; or

                  (iv)         takes disciplinary action against a person under Part 3 Division 13; or

                  (v)         makes or varies a prohibition order in respect of a person under Part 5A;

                and

            (b)         the decision to do so is made solely or partly on the basis of confidential police information provided to the licensing authority,

                the licensing authority is not required to give any reasons for the decision other than that the decision is made in the public interest.

        (4)         If the Commissioner of Police lodges an objection to an application under section 73 solely or partly on the basis of confidential police information —

            (a)         the Director is not required to serve a copy of the notice under section 73(4A); and

            (b)         the licensing authority must, at least 7 days before the hearing of the application, give the applicant written notice that the Commissioner of Police has objected to the application on the ground that the grant of the application would not be in the public interest.

        (5)         If the Director or the Commissioner of Police lodges a complaint under section 95 in respect of a person solely or partly on the basis of confidential police information, the complaint need only state that it would not be in the public interest if the person were to be or continue to be licensed or approved, as the case may be.

        (6)         In any proceedings under this Act (other than proceedings for an offence), the Director, the Commission or a court —

            (a)         must, on the application of the Commissioner of Police, take all reasonable steps to maintain the confidentiality of confidential police information, including steps —

                  (i)         to receive evidence and hear argument about confidential police information in private and in the absence of any party to the proceedings other than the Director or the Commissioner of Police or their representatives; and

                  (ii)         to prohibit the publication of evidence about confidential police information;

                and

            (b)         may take evidence consisting of or relating to confidential police information by way of an affidavit of a police officer of or above the rank of Superintendent.

        (7)         The Commissioner of Police must not delegate the function of classifying information or documents as confidential police information except to a Deputy Commissioner of Police or an Assistant Commissioner of Police.

        [Section 30 inserted: No. 73 of 2006 s. 27; amended: No. 56 of 2010 s. 5; No. 35 of 2014 s. 39; No. 9 of 2018 s. 14; No. 25 of 2023 s. 21(1).]