Criminal intelligence
5 Criminal intelligence
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 Chief Executive, the Minister, the
Tribunal, a court or a person to whom the Commissioner of Police authorises its disclosure.
If the Commissioner of Police—
opposes the issuing or renewal of a licence; or
requests the suspension or cancellation of a licence, on the basis of information that is classified by the Commissioner of
Police as criminal intelligence, the Chief Executive is not (despite any other provision of this Act) required to provide any grounds or reasons for a decision to refuse to issue or renew the licence or to suspend or cancel the licence (as the case may be) other than that the decision was made in the public interest.
In any proceedings under this Act, the Tribunal or a court—
must, on the application of the Commissioner of Police, take steps to maintain the confidentiality of information classified by the
Commissioner of Police 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
may take evidence consisting of or relating to information so classified by the Commissioner of Police by way of affidavit of a police officer of or above the rank of superintendent.
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.
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