South Australian Numbered Acts

STATUTES AMENDMENT (POWER TO BAR) ACT 2008 (NO 48 OF 2008) - SECT 16

16—Substitution of section 69

Section 69—delete the section and substitute:

69—Confidentiality of criminal intelligence and other information provided by Commissioner of Police

        (1)         Information provided by the Commissioner of Police under this Act to the Authority or the Commissioner may not be disclosed to any person other than the Minister, a court or a person to whom the Commissioner of Police authorises its disclosure, if the Commissioner of Police asks for the information to be kept confidential on the ground that its disclosure might create a risk of loss, harm or undue distress.

        (2)         Information that is classified by the Commissioner of Police as criminal intelligence for the purposes of this Act may not be disclosed to any person other than the Authority, the Commissioner, the Minister, a court or a person to whom the Commissioner of Police authorises its disclosure.

        (3)         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.

        (4)         A delegation under this section—

            (a)         must be by instrument in writing; and

            (b)         may be absolute or conditional; and

            (c)         does not derogate from the power of the Commissioner of Police to act in any matter; and

            (d)         is revocable at will by the Commissioner of Police.