South Australian Numbered Acts

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STATUTES AMENDMENT (LIQUOR, GAMBLING AND SECURITY INDUSTRIES) ACT 2005 (NO 22 OF 2005) - SECT 44

44—Insertion of sections 5A and 5B

Part 1—after section 5 insert:

5A—Enforcement

        (1)         The powers of authorised officers under sections 77 and 78 of the Fair Trading Act 1987 may be exercised by police officers for the enforcement of this Act, and those sections apply for that purpose as if police officers were authorised officers.

        (2)         However, section 78(4) of the Fair Trading Act 1987 does not apply to a police officer in uniform.

5B—Criminal intelligence

        (1)         No information provided by the Commissioner of Police to the Commissioner may be disclosed to any person (except the Minister, a court or a person to whom the Commissioner of Police authorises its disclosure) if the information is classified by the Commissioner of Police as criminal intelligence.

        (2)         If the Commissioner

            (a)         refuses an application for a security agents licence, or imposes a condition on a security agents licence, or suspends a security agents licence; 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 to grant the application would be contrary to the public interest, or that it would be contrary to the public interest if the licence were to continue in force without the condition, or that it would be contrary to the public interest if the licensee were to continue to be licensed.

        (3)         If the Commissioner of Police objects to an application under section 8A because of information that is classified by the Commissioner of Police as criminal intelligence, the Commissioner must, as soon as reasonably practicable after receiving the notice of objection, instead of serving a copy of the notice of objection on the applicant, advise the applicant in writing that the Commissioner of Police has objected to the application on the ground that to grant the application would be contrary to the public interest.

        (4)         If the Commissioner or the Commissioner of Police lodges a complaint under Part 4 because of information that is classified by the Commissioner of Police as criminal intelligence, the complaint need only state that it would be contrary to the public interest if the person specified in the complaint were to be or continue to be licensed.

        (5)         In any proceedings under this Act, the Commissioner or the Court—

            (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 classified by the Commissioner of Police as criminal intelligence by way of affidavit of a police officer of or above the rank of superintendent.

        (6)         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.



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