28HAdditional affidavit if informant relied on

28H Additional affidavit if informant relied on

28H Additional affidavit if informant relied on

(1) This section applies if the information that the Commissioner applies to be declared criminal intelligence (the relevant intelligence) was provided to the relevant agency by an informant.

(2) The informant cannot be called or otherwise required to give evidence.

(3) The Commissioner must, at any time before the hearing of the application, file an affidavit by an officer of the relevant agency.

(4) The affidavit must—

(a) state—

(i) the relevant agency, and

(ii) the officer’s position at the relevant agency, and

(b) state that the officer reasonably believes, and has made all reasonable efforts to ensure, the officer has full knowledge of—

(i) the information held by the relevant agency about the informant, and

(ii) the intelligence held by the relevant agency that was provided by the informant, and

(c) state that the officer reasonably believes the relevant agency has made all reasonable enquiries about the existence, and to obtain the details, of any allegations of professional misconduct against the informant, and

(d) contain the following information about the informant—

(i) the informant’s full criminal history, including pending charges,

(ii) any information held by the relevant agency about allegations of professional misconduct against the informant,

(iii) any inducements or rewards offered or provided to the informant in return for assistance,

(iv) whether the informant was an adult or a child when the informant provided the relevant intelligence to the relevant agency,

(v) whether the informant was serving a term of imprisonment or otherwise being held in custody when the informant provided the relevant intelligence to the relevant agency, and

(e) state—

(i) that the officer holds an honest and reasonable belief that the relevant intelligence is reliable, and