After section 66 insert:
66A—Procedure in relation to criminal intelligence
(1) In any proceedings
under this Part to be determined by the Authority, the Authority must maintain
the confidentiality of information classified by the Commissioner of Police as
criminal intelligence.
(2) In any proceedings
under this Part to be determined by the Supreme Court, the Commissioner of
Police may apply to the Court for a determination that information classified
by the Commissioner of Police as criminal intelligence is criminal
intelligence.
(3) The Supreme Court
must maintain the confidentiality of information that is the subject of an
application under subsection (2).
(4) If, on an
application under subsection (2), the Supreme Court proposes to determine
that the information is not criminal intelligence, the applicant must be
informed of the proposed determination and given the opportunity to withdraw
the information from the proceedings.
(5) If the Supreme
Court determines that the information is criminal intelligence or the
information is withdrawn, the Court must continue to maintain the
confidentiality of the information.
(6) The
confidentiality of information is maintained only if—
(a) the
information is not used except for the purposes of the proceedings; and
(b) the
information is not disclosed to any parties to the proceedings or their
representatives (other than the Commissioner of Police and representatives of
the Commissioner of Police) or to any member of the public; and
(c)
evidence and submissions about the information are received and heard in
private in the absence of any parties to the proceedings and their
representatives (other than the Commissioner of Police and representatives of
the Commissioner of Police) and are not disclosed to any member of the public;
and
(d) the
information is not disclosed in any reasons for decision.
(7) The Authority or
the Supreme Court may take any steps it considers appropriate to maintain the
confidentiality of the information.
(8) The duties imposed
by this section on the Supreme Court apply to any court dealing with
information that has been determined to be criminal intelligence or with the
question of whether information classified by the Commissioner of Police as
criminal intelligence is criminal intelligence.