Major Crime (Investigative Powers) Act 2004

If the Chief Commissioner objects to the disclosure or production of protected information at a hearing for the revocation of a coercive powers order, the Chief Commissioner may apply before the hearing to the Supreme Court to determine the matter of the revocation—

at a hearing at which evidence given by a police officer is given on the basis of confidential affidavit that is not disclosed to one or more of the parties or any representative of those parties; or

at a hearing held in closed court in which the Chief Commissioner and each party to the proceeding has a right to make submissions; or

at a hearing held without notice to, and without the presence of, one or more of the parties or any representative of those parties; or

by any combination of the methods set out in paragraphs (a), (b) and (c).

If the Supreme Court is satisfied that it is not in the public interest to hear and determine the matter by the method specified by the Chief Commissioner in the application under subsection (1), the Court may decide to hear and determine the matter by any other method set out in subsection (1).

In deciding which method to hear and determine the matter of the revocation of a coercive powers order, the Supreme Court must take into account—

the public interest in protecting the confidentiality of any intelligence information or any document or thing provided to the Court for the purposes of obtaining the coercive powers order or obtained or to be obtained under the coercive powers order; and

the extent to which the method of hearing and determining the matter may disclose any intelligence information, or document or thing the disclosure of which—

reveals the identity of the police officer who applied for the coercive powers order or puts that police officer's safety at risk; or

reveals the identity of a person who has been called, or who has appeared, as a witness in an examination conducted under the coercive powers order, or puts that person's safety at risk; or

reveals the identity of a person who has provided a police officer with information relating to an investigation, or puts that person's safety at risk; or

reveals the identity of a person whose name appears in any evidence given or information provided to a police officer relating to an investigation, or puts that person's safety at risk; or

reveals the identity of a person who is or has been the subject of an investigation by a police officer, or puts that person's safety at risk; or

places at risk an ongoing investigation by a police officer; or

risks the disclosure of any investigative method used by police officers; or

is otherwise not in the public interest.

If the Supreme Court decides to hear and determine the matter of the revocation by the method set out in subsection (1)(a), the Court may require the police officer to provide the Court with any further confidential affidavits the Court requires to determine the matter.

In this section protected information means any intelligence information, document or thing the production or inspection of which—

is likely to reveal any matter referred to in subsection (3)(b)(i) to (v); or

is likely to place at risk an ongoing investigation by a police officer; or

is likely to risk the disclosure of any investigative method used by police officers; or

is otherwise not in the public interest.