71Whether information is criminal intelligence—application

71 Whether information is criminal intelligence—application and decision (1) This section applies if the chief police officer applies to the ACAT for a cancellation order under section 66 because, or partly because, of information that is classified by the chief police officer as criminal Criminal intelligence Division 5A.2 (2) The 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 (5) If the ACAT proposes to decide that the information is not criminal intelligence, the chief police officer must be told about the proposal and given the opportunity to withdraw the information from the proceeding.