222FConfidentiality of criminal intelligence—commissioner

222F Confidentiality of criminal intelligence—commissioner and ACAT (1) The commissioner must maintain the confidentiality of information classified by the chief police officer as criminal intelligence when deciding whether to— (a) issue a licence or permit to an applicant; or (b) apply to the ACAT for an occupational discipline order in relation to a licensee or permit-holder. (2) The commissioner and the ACAT must maintain the confidentiality of information that is the subject of an application mentioned in section 222D (3)— (a) until the tribunal makes a decision about whether the information is criminal intelligence; or (b) that the tribunal decides— (i) is criminal intelligence; or (ii) is not criminal intelligence, if there is an appeal from that decision and the appeal is upheld. (3) However, in a proceeding on an application mentioned in section 222D (2), the ACAT may allow a party or a representative of a party to have access to or inspect information that is criminal intelligence (on conditions the ACAT thinks appropriate) if the ACAT thinks it would not be contrary to the public interest to do so. (4) If the ACAT proposes to allow a party or a representative of a party to have access to or inspect information that is criminal intelligence, the chief police officer must be told about the proposal and given the opportunity to withdraw the information from the proceeding. (5) The commissioner and the ACAT must maintain the confidentiality of information that is the subject of an application mentioned in section 222D (3) if the information is withdrawn.

(6) The commissioner or the ACAT may take any steps the commissioner or tribunal considers appropriate to maintain the confidentiality of the information. (7) However, if the Supreme Court finds that the information is not criminal intelligence, and the information is not withdrawn, the commissioner or the ACAT need not maintain the confidentiality of the information.