sec.141ZTConfidentiality of criminal intelligence

### sec.141ZT Confidentiality of criminal intelligence This section applies in relation to the following proceedings before a court— an application for a firearm prohibition order under division 2 , subdivision 3 ; a review of a firearm prohibition order under division 5 ; an appeal under division 6 ; a review under the Judicial Review Act 1991 of a decision made in relation to the making of a firearm prohibition order under division 2 or the review of a firearm prohibition order under division 5 . The court must, on the application of the commissioner, take steps to maintain the confidentiality of information classified by the commissioner as criminal intelligence, including steps to receive evidence and hear argument about the information in the absence of— the parties to the proceedings and their representatives; and the public. Also, the court may, as it considers appropriate to protect the confidentiality of criminal intelligence, receive evidence consisting of or relating to information classified by the commissioner as criminal intelligence by way of affidavit of a police officer of or above the rank of superintendent. If the court considers information has been incorrectly classified by the commissioner as criminal intelligence, the commissioner may withdraw the information from consideration by the court. Information that is withdrawn by the commissioner under subsection (4) must not be— disclosed to any person; or taken into consideration by the court. If a decision is made by the court on the basis of information that is classified by the commissioner as criminal intelligence, the only reason required to be given is that the decision was made in the public interest. The Public Records Act 2023 does not apply to activities of, or records made or kept by, the court to the extent that Act would otherwise enable criminal intelligence to be disclosed. In this section— criminal intelligence means criminal intelligence that could, if disclosed, reasonably be expected— to prejudice a criminal investigation; or to enable the existence or identity of a confidential source of information to be ascertained; or to endanger a person’s life or physical safety; or to prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of an Act; or to prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety or security. s 141ZT ins 2024 No. 45 s 73 (sec.141ZT-ssec.1) This section applies in relation to the following proceedings before a court— an application for a firearm prohibition order under division 2 , subdivision 3 ; a review of a firearm prohibition order under division 5 ; an appeal under division 6 ; a review under the Judicial Review Act 1991 of a decision made in relation to the making of a firearm prohibition order under division 2 or the review of a firearm prohibition order under division 5 . (sec.141ZT-ssec.2) The court must, on the application of the commissioner, take steps to maintain the confidentiality of information classified by the commissioner as criminal intelligence, including steps to receive evidence and hear argument about the information in the absence of— the parties to the proceedings and their representatives; and the public. (sec.141ZT-ssec.3) Also, the court may, as it considers appropriate to protect the confidentiality of criminal intelligence, receive evidence consisting of or relating to information classified by the commissioner as criminal intelligence by way of affidavit of a police officer of or above the rank of superintendent. (sec.141ZT-ssec.4) If the court considers information has been incorrectly classified by the commissioner as criminal intelligence, the commissioner may withdraw the information from consideration by the court. (sec.141ZT-ssec.5) Information that is withdrawn by the commissioner under subsection (4) must not be— disclosed to any person; or taken into consideration by the court. (sec.141ZT-ssec.6) If a decision is made by the court on the basis of information that is classified by the commissioner as criminal intelligence, the only reason required to be given is that the decision was made in the public interest. (sec.141ZT-ssec.7) The Public Records Act 2023 does not apply to activities of, or records made or kept by, the court to the extent that Act would otherwise enable criminal intelligence to be disclosed. (sec.141ZT-ssec.8) In this section— criminal intelligence means criminal intelligence that could, if disclosed, reasonably be expected— to prejudice a criminal investigation; or to enable the existence or identity of a confidential source of information to be ascertained; or to endanger a person’s life or physical safety; or to prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of an Act; or to prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety or security. - (a) an application for a firearm prohibition order under division 2 , subdivision 3 ; - (b) a review of a firearm prohibition order under division 5 ; - (c) an appeal under division 6 ; - (d) a review under the Judicial Review Act 1991 of a decision made in relation to the making of a firearm prohibition order under division 2 or the review of a firearm prohibition order under division 5 . - (a) the parties to the proceedings and their representatives; and - (b) the public. - (a) disclosed to any person; or - (b) taken into consideration by the court. - (a) to prejudice a criminal investigation; or - (b) to enable the existence or identity of a confidential source of information to be ascertained; or - (c) to endanger a person’s life or physical safety; or - (d) to prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of an Act; or - (e) to prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety or security.