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 > > > > > > > (ii) the reasons for that belief. > > > (5) For the purposes of subsection (4) (d) (i), it is sufficient description of a conviction or charge in the informant’s criminal history to state that the conviction or charge related to property, violence or another stated matter, and if it involved dishonesty, without providing further particulars of the offence to which the conviction or charge relates. > > > (6) For the purposes of subsection (4) (d) (ii), it is sufficient to state whether or not there have been any allegations of professional misconduct against the informant and if any misconduct or alleged misconduct involved dishonesty. > > > (7) For the purposes of subsection (4) (d) (i) and (ii), the description in the affidavit of a conviction or charge in the informant’s criminal history or an allegation of professional misconduct against the informant— > > > > > (a) need not state the date of the conviction or charge or date on which the offence was committed or is alleged to have been committed or date on which the misconduct happened or is alleged to have happened, but > > > > > (b) if it does not state such a date, must state the time of the conviction, charge, offence, alleged offence, misconduct or alleged misconduct as being in a stated period of not more than 7 years. > > > (8) Other than information about the informant’s criminal history or an allegation of professional misconduct against the informant given in the affidavit under subsections (4)–(7), information about the informant’s criminal history or an allegation of professional misconduct against the informant cannot be required to be given to the Court. > > > (9) Subsection (8) does not prevent further information being given to the Court other than under a requirement. > > > (10) The requirement under subsection (4) (d) (i) to state the informant’s full criminal history applies only to the extent of the information held by the relevant agency if— > > > > > (a) the agency is an external agency, and > > > > > (b) the affidavit states that the officer believes— > > > > > > > (i) the agency might not hold all the information comprising the informant’s criminal history, and > > > > > > > (ii) an officer of the agency— > > > > > > > > > (A) could not lawfully obtain further information about the informant’s criminal history, or > > > > > > > > > (B) could not obtain further information about the informant’s criminal history without disclosing the identity of the informant. > > **pt 3B, divs 1–5 (ss 28A–28U):** Ins 2013 No 12, Sch 1 \[9\].