South Australian Numbered Acts

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STATUTES AMENDMENT (POWER TO BAR) ACT 2008 (NO 48 OF 2008) - SECT 15

15—Insertion of section 66A

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        (5)         If the Supreme Court determines that the information is criminal intelligence or the information is withdrawn, the Court must continue to maintain the confidentiality of the information.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.



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