Security Industry Act 2003

The commissioner for fair trading must maintain the confidentiality of information classified by the chief police officer as criminal intelligence when deciding whether to—

issue a licence to an applicant; or

apply to the ACAT for an occupational discipline order in relation to a licensee.

The commissioner for fair trading and ACAT must maintain the confidentiality of information that is the subject of an application mentioned in section 9D (2)—

until the tribunal makes a decision about whether the information is criminal intelligence; or

that the tribunal—

decides is criminal intelligence; or

decides is not criminal intelligence, if there is an appeal from that decision and the appeal is upheld.

The commissioner for fair trading and ACAT must maintain the confidentiality of information that is the subject of an application mentioned in section 9D (2) if the information is withdrawn.

The commissioner for fair trading or ACAT may take any steps the commissioner or tribunal considers appropriate to maintain the confidentiality of the information.

However, if the Supreme Court finds that the information is not criminal intelligence, and the information is not withdrawn, the commissioner for fair trading or ACAT need not maintain the confidentiality of the information.