Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
Part 16A Criminal intelligence
222A Definitions—pt 16A
In this part:
"criminal intelligence" means information relating to actual or suspected criminal activity (whether in the ACT or elsewhere) the disclosure of which could reasonably be expected to—
(a) prejudice a criminal investigation; or
(b) enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or
(c) endanger anyone's life or physical safety.
"maintain"—an entity maintains the confidentiality of information in relation to an applicant for a licence or permit or a licensee or permit-holder only if—
(a) the information is not used by the entity for a purpose other than exercising a function mentioned in this part; and
(b) the information is not disclosed to the applicant, licensee or permit-holder, representatives of the applicant, licensee or permit-holder or any member of the public; and
(c) evidence and submissions about the information are received and heard in private in the absence of the applicant, licensee or permit-holder and representatives of the applicant, licensee or permit-holder, and are not disclosed to any member of the public; and
(d) the information is not disclosed in any reasons for a decision.
222B Disclosure of criminal intelligence—chief police officer
(1) Information that is classified by the chief police officer as criminal intelligence must not be disclosed for this Act to anyone other than the commissioner, the Minister, a court or an entity to whom the chief police officer authorises its disclosure.
(2) The chief police officer may only disclose the information to the commissioner if the chief police officer believes on reasonable grounds that the information is relevant to the making of a decision by the commissioner about—
(a) issuing a licence or permit to an applicant; or
(b) whether to apply to the ACAT for an occupational discipline order in relation to a licensee or permit-holder.
(3) Subsection (1) does not prevent the chief police officer from disclosing the information for another lawful purpose.
222C Disclosure of criminal intelligence—commissioner for fair trading and ACAT
(1) This section applies—
(a) if—
(i) the commissioner refuses to issue a licence or permit to an applicant; or
(ii) the commissioner applies to the ACAT for an occupational discipline order in relation to a licensee or permit-holder; or
(iii) the ACAT makes an occupational discipline order in relation to a licensee or permit-holder; and
(b) if a thing mentioned in paragraph (a) is done because, or partly because, of information that is classified by the chief police officer as criminal intelligence.
(2) The commissioner or the ACAT must not give any reason for doing the thing other than the following:
(a) for subsection (1) (a) (i)—that issuing the licence or permit would not be in the public interest;
(b) for subsection (1) (a) (ii)—that disclosing the reason for the application would not be in the public interest;
(c) for subsection (1) (a) (iii)—that disclosing the reason for the order would not be in the public interest.
222D Whether information is criminal intelligence—application and decision
(1) This section applies if the commissioner—
(a) refuses to issue a licence or permit to an applicant because, or partly because, of information that is classified by the chief police officer as criminal intelligence, and the applicant applies to the ACAT for review of the decision (the proceeding ); or
(b) applies to the ACAT for an occupational discipline order in relation to a licensee or permit-holder because, or partly because, of information that is classified by the chief police officer as criminal intelligence (the proceeding ).
(2) The commissioner or chief police officer must apply to the ACAT for a decision about whether the information is criminal intelligence.
(3) The application need not be served on anyone unless the ACAT otherwise orders on its own initiative.
(4) The ACAT may decide that the information is, or is not, criminal intelligence.
(5) If the ACAT proposes to decide that the information is not criminal intelligence, the applicant must be told about the proposal and given the opportunity to withdraw the information from the proceeding.
222E Appeal—applicant may withdraw information
(1) This section applies to the following proceedings:
(a) if—
(i) the ACAT has made a decision that information is not criminal intelligence, and there is an appeal to the Supreme Court from that decision; and
(ii) the court proposes to find that the information is not criminal intelligence;
(b) if—
(i) the applicant mentioned in section 222D (1) (a) appeals the ACAT's decision to the Supreme Court; and
(ii) the court proposes to find that the information is not criminal intelligence;
(c) if—
(i) the licensee or permit-holder mentioned in section 222D (1) (b) appeals the ACAT's decision to the Supreme Court; and
(ii) the court proposes to find that the information is not criminal intelligence.
(2) The applicant mentioned in section 222D (2) must be told about the court's proposal and given the opportunity to withdraw the information from the proceeding.
222F Confidentiality of criminal intelligence—commissioner and ACAT
(1) The commissioner must maintain the confidentiality of information classified by the chief police officer as criminal intelligence when deciding whether to—
(a) issue a licence or permit to an applicant; or
(b) apply to the ACAT for an occupational discipline order in relation to a licensee or permit-holder.
(2) The commissioner and the ACAT must maintain the confidentiality of information that is the subject of an application mentioned in section 222D (2)—
(a) until the tribunal makes a decision about whether the information is criminal intelligence; or
(b) that the tribunal decides—
(i) is criminal intelligence; or
(ii) is not criminal intelligence, if there is an appeal from that decision and the appeal is upheld.
(3) The commissioner and the ACAT must maintain the confidentiality of information that is the subject of an application mentioned in section 222D (2) if the information is withdrawn.
(4) The commissioner or the ACAT may take any steps the commissioner or tribunal considers appropriate to maintain the confidentiality of the information.
(5) However, if the Supreme Court finds that the information is not criminal intelligence, and the information is not withdrawn, the commissioner or the ACAT need not maintain the confidentiality of the information.
222G Confidentiality of criminal intelligence—courts
(1) This section applies if a court deals (on appeal or otherwise) with—
(a) a decision by the ACAT about whether information is criminal intelligence; or
(b) the question of whether information classified by the chief police officer as criminal intelligence is criminal intelligence.
(2) The court must maintain the confidentiality of the information.
(3) The court may take any steps it considers appropriate to maintain the confidentiality of the information.
(4) The court must not give any reason for making a finding in relation to the information, other than the public interest.
(5) However, if the Supreme Court finds that information is not criminal intelligence, and the information is not withdrawn—
(a) the court need not maintain the confidentiality of the information and may give reasons for the finding; and
(b) any other court need not maintain the confidentiality of the information and may give reasons for making a finding in relation to the information.
222H Delegation by chief police officer
(1) The chief police officer may delegate a function under this part to a senior police officer.
Note For the making of delegations and the exercise of delegated functions, see the Legislation Act
, pt 19.4.
(2) In this section:
"senior police officer" means a police officer of or above the rank of superintendent.