South Australian Numbered Acts South Australian Numbered Acts (1) As soon as
practicable after 30 June in each year, the chief officer of a
law enforcement agency must submit a report to the Minister that includes the
following information:
(a) in
relation to Part 2—
(i)
the classes of offence for which approvals were given or
renewed during the period of 12 months ending on the preceding 30 June;
and
(ii)
the number of approvals given or renewed during that
period for offences of each class;
(b) in
relation to Part 3—
(i)
the number of authorities granted during the period of
12 months ending on the preceding 30 June; and
(ii)
a general description of the activities undertaken by
authorised persons when using assumed identities under this Act during that
period; and
(iii)
the number of applications for authorities that were
refused during that period; and
(iv)
a statement as to whether or not any fraud or other
unlawful activity was identified by an audit under that Part during that
period; and
(v)
any other information relating to authorities and assumed
identities that the Minister considers appropriate;
(c) in
relation to Part 4—
(i)
the number of witness identity protection certificates
given during the period of 12 months ending on the preceding 30 June; and
(ii)
the basis on which the chief officer was satisfied about
the matters mentioned in section 31(1)(b) for each certificate; and
(iii)
if permission was given or an order made under a
provision of a corresponding law that corresponds to section 40 in
interstate proceedings in which a witness identity protection certificate in
respect of a local operative of the agency was filed—details of the
interstate proceedings that relate to the permission or order; and
(iv)
if a witness identity protection certificate was
cancelled—the reason why the certificate was cancelled; and
(v)
if permission was given under section 35—the
reason why the permission was given; and
(vi)
any other information relating to
witness identity protection certificates that the Minister considers
appropriate;
(d) any
other information relating to the administration of this Act that the Minister
considers appropriate.
(2) The report
relating to Part 4 must not include information that discloses, or may lead to
the disclosure of, an operative's identity, or where the operative lives,
unless the witness identity protection certificate in respect of the operative
has been cancelled.
(3) The chief officer
must advise the Minister of any information in the report that should, in the
chief officer's opinion, be excluded from the report before the report is laid
before Parliament because the information, if made public, could reasonably be
expected to—
(a)
endanger a person's safety; or
(b)
prejudice an investigation or prosecution; or
(c)
compromise a law enforcement agency's operational activities or methodologies.
(4) The Minister
must—
(a)
exclude information from the report if satisfied on the advice of the
chief officer of any of the grounds set out in subsection (3); and
(b) on
or before 30 September in each year—cause a copy of the report to be
laid before each House of Parliament.