Deciding criminal intelligence application
28M Deciding criminal intelligence application
The Court may declare that information is criminal intelligence if the Court is satisfied the information is criminal intelligence.
In exercising its discretion to declare information to be criminal intelligence, the Court may have regard to whether matters mentioned in section 28B (a) (i)–(iii) outweigh any unfairness to a respondent.
Subsection (2) does not limit the matters that the Court may consider in exercising its discretion.
If the information was provided to the relevant agency by an informant, the Court may not declare that the information is criminal intelligence unless some or all of the information is supported in a material particular by other information before the Court.
The supporting information mentioned in subsection (4) may be other information before the Court that is declared criminal intelligence or that is the subject of a criminal intelligence application.
If the Court is not satisfied information is criminal intelligence or proposes to exercise its discretion not to make the declaration, it must, before deciding the application, give the Commissioner an opportunity to withdraw it.
In this section—
respondent means a respondent to any existing or possible substantive application in which the information mentioned in subsection (1) may be considered.
This Act’s bill:Explanatory memorandumSecond reading speech
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