45AProtection of criminal intelligence

45A Protection of criminal intelligence

45A Protection of criminal intelligence

(1) Despite a provision of this Act, notice of a decision under this Act must not disclose the existence or content of any information—

(a) disclosed to the Screening Agency by the Commissioner of Police, and

(b) identified by the Commissioner, at the time of its disclosure or subsequently, as criminal intelligence information (identified criminal intelligence information).

(2) In determining an application for an administrative review of a decision under this Act, the Screening Agency and reviewer must—

(a) ensure the Screening Agency or reviewer does not, in the reasons for its decision or otherwise, disclose the existence or content of identified criminal intelligence information, and

(b) receive evidence and hear argument, in the absence of the public, from the applicant for the internal review and the applicant’s representative, to the extent necessary to prevent the disclosure of the existence or content of identified criminal intelligence information.

(3) If, in the reviewer’s opinion, information identified by the Commissioner of Police as criminal intelligence information is not criminal intelligence information, the following arrangements apply—

(a) the reviewer must give the Commissioner of Police the opportunity to withdraw the information from consideration by the reviewer,

(b) if the Commissioner withdraws the information from consideration by the reviewer—the information must not to be taken into consideration by the reviewer in deciding the internal review application but must otherwise continue to be treated by the Screening Agency and reviewer as identified criminal intelligence information for this section,

(c) if the Commissioner does not withdraw the information from consideration by the reviewer—the information must not be treated by the Screening Agency or reviewer as identified criminal intelligence information for this section.

s 45A: Ins 2025 No 56, Sch 4[1].