South Australian Current Acts

SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008 - SECT 5A

5A—Criminal intelligence

        (1)         In any proceedings under this Act before a court, the court—

            (a)         must, on the application of the Commissioner, take steps to maintain the confidentiality of information properly classified by the Commissioner 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 so classified by the Commissioner by way of affidavit of a police officer of or above the rank of superintendent.

        (3)         The duties imposed on a court by subsection (1) in relation to proceedings under this Act apply to any court dealing (whether on an appeal under this, or another, Act or otherwise) with information properly classified under this Act as criminal intelligence or with the question of whether information has been properly classified under this Act by the Commissioner as criminal intelligence.