South Australian Numbered Acts

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STATUTES AMENDMENT (LIQUOR, GAMBLING AND SECURITY INDUSTRIES) ACT 2005 (NO 22 OF 2005) - SECT 6

6—Insertion of Part 2 Division 4

Part 2—after Division 3 insert:

Division 4—Criminal intelligence

12—Criminal intelligence

        (1)         No information provided by the Commissioner of Police to the Authority or 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 licence, consent or approval, or takes or proposes to take disciplinary action against a licensee, or revokes or proposes to revoke an approval; 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 licensee were to continue to be licensed, or that it would be contrary to the public interest if the approval were to continue in force.

        (3)         In any proceedings under this Act, the Commissioner—

            (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.

        (4)         If the Commissioner of Police lodges an objection to an application under this Act because of information that is classified by the Commissioner of Police as criminal intelligence—

            (a)         the Commissioner of Police is not required to serve a copy of the notice of objection on the applicant; and

            (b)         the Commissioner must, at least 7 days before the day appointed for the hearing of the application, 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.

        (5)         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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