222CDisclosure of criminal intelligence—commissioner for fair

222C Disclosure of criminal intelligence—commissioner for fair trading and ACAT (1) This section applies— (a) if— (i) the commissioner refuses to issue a licence or permit to an applicant; or (ii) the commissioner applies to the ACAT for an occupational discipline order in relation to a licensee or permit-holder; or (iii) the ACAT makes an occupational discipline order in relation to a licensee or permit-holder; and (b) if a thing mentioned in paragraph (a) is done because, or partly because, of information that is classified by the chief police officer as criminal intelligence.

(2) The commissioner or the ACAT must not give any reason for doing the thing other than the following: (a) for subsection (1) (a) (i)—that issuing the licence or permit would not be in the public interest; (b) for subsection (1) (a) (ii)—that disclosing the reason for the application would not be in the public interest; (c) for subsection (1) (a) (iii)—that disclosing the reason for the order would not be in the public interest.