30AApplication to Supreme Court for the registration of a person as a reportable human source for certain purposes

30A Application to Supreme Court for the registration of a person as a reportable human source for certain purposes

(1) A police officer, with the approval of the Chief Commissioner, may apply to the Supreme Court for an order authorising the Chief Commissioner to register a person as a reportable human source for the purpose of a police officer obtaining, or obtaining and disseminating, information that is subject to client legal privilege or information in respect of which there is an exception to client legal privilege if the police officer is reasonably satisfied—

(a) that the use of the person as a human source—

(b) that the risks associated with the person's registration as a human source have been identified and can be adequately managed; and

(c) that the registration of the person as a reportable human source is otherwise appropriate and justified; and

(d) of either of the following—

(i) that—

(A) there is a serious and imminent threat to national security, the health or safety of the public or a section of the public, the life of a person or of serious physical harm to a person; and

(B) registering the person as a reportable human source is immediately necessary to respond to the threat; and

(C) the information or assistance that the person is expected to provide if registered as a reportable human source cannot be obtained through any other reasonable means; or

(ii) the information is subject to an exception to client legal privilege of a kind that permits its disclosure to law enforcement officers.

(2) An application must—

(a) specify the name of the applicant; and

(b) specify the name of the person in respect of whom the application is made; and

(c) specify the information proposed to be obtained, or obtained and disseminated; and

(d) specify the reasons why the information is likely to be the subject of client legal privilege or subject to an exception to client legal privilege; and

(e) specify the required duration of the registration; and

(f) if the application is made in writing, be signed by the police officer making the application; and

(g) unless the police officer making the application reasonably believes it would be impracticable to do so, be supported by an affidavit setting out the grounds on which the application is made.

(3) If the police officer making an application under this section reasonably believes that it is impracticable for the application to be made in person, the application may be made by telephone or other electronic communication.

(4) An application that is made without a supporting affidavit must be accompanied by any information requested by the court.