Queensland Consolidated Acts

EXPLOSIVES ACT 1999 - SECT 12K

12K Use of information obtained under s 12G, 12H or 12I

(1) Information about a person given to the chief inspector under section 12G or 12H may be used only for making a decision—

(a) under section 12B about whether the person is a suitable person to hold a security clearance; or

(b) under section 24 or 25 about—

(i) whether to suspend or cancel the person’s security clearance on a ground mentioned in section 23A (1) (b) or (c) ; or

(ii) whether to suspend or cancel an authority held by the person on the ground mentioned in section 23 (1) (c) .

(2) Information about a person given to the chief inspector under section 12I may be used only—

(a) for making a decision under section 12B about whether the person is a suitable person to hold a security clearance; or

(b) for making a decision under section 24 or 25 about whether to suspend or cancel the person’s security clearance on a ground mentioned in section 23A (1) (c) ; or

(c) to investigate or prosecute an offence against this Act.

(3) Subsection (4) applies if, in making a decision mentioned in subsection (1) , the chief inspector is considering information about—

(a) the commission of an offence by the person; or

(b) the alleged or possible commission of an offence by the person.

(4) The chief inspector must also consider—

(a) when the offence was committed, is alleged to have been committed or may possibly have been committed; and

(b) the nature of the offence, or alleged or possible offence, and its relevance to the person holding, or continuing to hold, a security clearance or authority; and

(c) any other matter the chief inspector considers relevant to the decision.

(5) This section is subject to section 132 .