222DWhether information is criminal intelligence—application

222D Whether information is criminal intelligence—application and decision (1) This section applies if the commissioner— (a) refuses to issue a licence or permit to an applicant because, or partly because, of information that is classified by the chief police officer as criminal intelligence, and the applicant applies to the ACAT for review of the decision (the proceeding); or (b) applies to the ACAT for an occupational discipline order in relation to a licensee or permit-holder because, or partly because, of information that is classified by the chief police officer as criminal intelligence (the proceeding). (2) This section also applies if the chief police officer applies to the ACAT for a cancellation order under part 11B (Cancellation of licence or permit for criminal activity) because, or partly because, of information that is classified by the chief police officer as criminal intelligence (the proceeding). (3) The commissioner or chief police officer must apply to the ACAT for a decision about whether the information is criminal intelligence. (4) The application need not be served on anyone unless the ACAT otherwise orders on its own initiative.

(5) The ACAT may decide that the information is, or is not, criminal intelligence. (6) If the ACAT proposes to decide that the information is not criminal intelligence, the applicant must be told about the proposal and given the opportunity to withdraw the information from the proceeding.