South Australian Numbered Acts

HYDROPONICS INDUSTRY CONTROL ACT 2009 (NO 49 OF 2009) - SECT 7

7—Criminal intelligence

        (1)         If the Commissioner—

            (a)         refuses an application for a licence or an approval or for a renewal of a licence, or varies or revokes a condition, or imposes a new condition, of a licence or approval, or revokes or proposes to revoke a licence or approval under this Act; and

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

the Commissioner is not required to provide any grounds or reasons for the decision other than that to grant the application would be contrary to the public interest, or that it would be contrary to the public interest if the licence or approval were to continue in force without variation or new condition imposed, or that it would be contrary to the public interest if the person were to be or continue to be licensed or approved.

        (2)         In any proceedings relating to a licence or approval, the court determining the proceedings—

            (a)         must, on the application of the Commissioner, take steps to maintain the confidentiality of information classified by the Commissioner 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 that is so classified by the Commissioner by way of affidavit.