Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 14ZF

14ZF Decisions on applications

(1) If an application is made under section 14ZE (2) —

(a) the court must first decide whether the grounds for the objection mentioned in section 14ZC (b) are established; and

(b) the journalist or relevant person for the journalist has the onus of proving the grounds for the objection on the balance of probabilities.

(2) Subsection (3) applies if the court decides the grounds for the objection are established.

(3) The court may decide the sealed or stored document or thing may be dealt with in a way authorised under the warrant despite the objection if satisfied the public interest in disclosing the informant’s identity outweighs the matters mentioned in section 14Y (1) (a) and (b) .

(3A) A person mentioned in section 14ZE (2) (b) , (c) or (d) , who is a party to the application, has the onus of proving, on the balance of probabilities, that the public interest in disclosing the informant’s identity outweighs the matters mentioned in section 14Y (1) (a) and (b) .

(4) In making the decision under subsection (3) , the court may have regard to the following matters—

(a) the matters mentioned in section 14Y (2) (a) and (e) to (l) ;

(b) the nature of the investigation to which the warrant relates;

(c) the importance of the provided information and the informant’s identity to the investigation to which the warrant relates and the availability of other evidence in relation to the provided information;

(d) the purposes for which the provided information and the informant’s identity are intended to be used.

(5) Also, the court may consider a written or oral statement made by the informant to the court about the matter mentioned in section 14Y (1) (a) .

(6) The court must state the reasons for its decision under subsection (3) .