72Confidentiality of criminal intelligence—ACAT

72 Confidentiality of criminal intelligence—ACAT (1) The ACAT must maintain the confidentiality of information that is the subject of an application under section 71 in the following circumstances: (a) until the ACAT makes a decision about whether the information is criminal intelligence; (b) if the ACAT decides the information is criminal intelligence; (c) if the ACAT decides the information is not criminal intelligence, but an appeal from that decision is upheld; (d) if the information is withdrawn. (2) However, in a proceeding on an application mentioned in section 71, the ACAT may allow a party or a representative of a party to have access to or inspect information that is criminal intelligence (on conditions the ACAT thinks appropriate) if the ACAT thinks it would not be contrary to the public interest to do so. (3) If the ACAT proposes to allow a party or a representative of a party to have access to or inspect information that is criminal intelligence, the chief police officer must be told about the proposal and given the opportunity to withdraw the information from the proceeding.

(4) The ACAT may take any steps it considers appropriate to maintain the confidentiality of the information. (5) However, if the ACAT finds that the information is not criminal intelligence, and the information is not withdrawn, the ACAT need not maintain the confidentiality of the information.