South Australian Numbered Acts

SERIOUS AND ORGANISED CRIME (CONTROL) (MISCELLANEOUS) AMENDMENT ACT 2012 (NO 13 OF 2012) - SECT 5

5—Insertion of section 5A

After section 5 insert:

5A—Criminal intelligence

        (1)         In any proceedings under this Act before a court, the court—

            (a)         must, on the application of the Commissioner, take steps to maintain the confidentiality of information properly classified by the Commissioner 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

            (b)         may take evidence consisting of or relating to information so classified by the Commissioner by way of affidavit of a police officer of or above the rank of superintendent.

        (2)         In any proceedings under this Act before an eligible Judge, the eligible Judge—

            (a)         must, on the application of the Commissioner, take steps to maintain the confidentiality of information properly classified by the Commissioner as criminal intelligence, including steps to receive or hear submissions about the information, or otherwise deal with the information, in private in the absence of the parties to the proceedings and their representatives; and

            (b)         may receive information so classified or submissions relating to information so classified by the Commissioner by way of statutory declaration of a police officer of or above the rank of superintendent.

        (3)         The duties imposed on a court by subsection (1) in relation to proceedings under this Act apply to any court dealing (whether on an appeal under this, or another, Act or otherwise) with information properly classified under this Act as criminal intelligence or with the question of whether information has been properly classified under this Act by the Commissioner as criminal intelligence.