Section 28C Crimes (Criminal Organisations Control) Act 2012 | Criminal Intelligence Monitor


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The Legislation

Section 28C of the Crimes (Criminal Organisations Control) Act 2012 (NSW) deals with Criminal Intelligence and is extracted below.

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28C Criminal intelligence

(1) This section applies to and in respect of:
(a) an application to an eligible Judge under Part 2 for the making or revocation of a declaration, and the hearing and determination of the application by the eligible Judge, and
(b) an application to the Court under Part 3 for the making, variation or revocation of an interim control order or control order, and the hearing and determination of the application by the Court,
and any criminal intelligence disclosed in connection with any such application, hearing or determination.

(2) In this section, the eligible Judge and the Court are referred to as the “determining authority”.

(3) A determining authority is to take steps to maintain the confidentiality of information that the determining authority considers to be properly classified by the Commissioner as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives and the public.

(4) If the determining authority considers that the information cannot properly be classified as criminal intelligence, the determining authority must ask the Commissioner whether the Commissioner wishes to withdraw the information from consideration.

(5) Information that is withdrawn by the Commissioner must not be disclosed to any person (except a person conducting a review under this Part or the Attorney General or a person to whom the Commissioner or Attorney General authorises disclosure).

(6) Despite subsection (3), the determining authority may disclose to the Attorney General, to a person conducting a review under this Part, to a court or to a person to whom the Commissioner authorises disclosure any information the determining authority considers to be properly classified by the Commissioner as criminal intelligence.

(7) Subsection (3) applies to a court or person to whom information classified as criminal intelligence is disclosed under this section as if the court or person were a determining authority.