South Australian Current Acts

LABOUR HIRE LICENSING ACT 2017 - SECT 33

33—Criminal intelligence

        (1)         Information that is classified by the Commissioner of Police as criminal intelligence for the purposes of this Act may not be disclosed to any person other than the Commissioner, the Minister, a court or a person to whom the Commissioner of Police authorises its disclosure.

        (2)         If—

            (a)         the Commissioner refuses an application for a licence, suspends or cancels a licence under section 23, refuses to appoint a proposed appointee as a responsible person for a licence under section 28(1)(b), cancels the appointment of a person under section 29(4) or takes any other action under this Act; and

            (b)         the decision to do so is made because of information that is classified by the Commissioner of Police as criminal intelligence,

the Commissioner is not required to provide any grounds or reasons for the decision other than that it was made in the public interest.

        (3)         In any proceedings under this Act, the Commissioner and the court before which the proceedings are being heard—

            (a)         must, on the application of the Commissioner of Police, take steps to maintain the confidentiality of information classified by the Commissioner of Police 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 so classified by the Commissioner of Police by way of affidavit of a police officer of or above the rank of superintendent.

        (4)         The Commissioner of Police may not delegate the function of classifying information as criminal intelligence for the purposes of this Act except to a Deputy Commissioner or Assistant Commissioner of Police.