Australian Capital Territory Current Acts

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Court must decide whether classified information is criminal intelligence

    (1)     If information classified by the chief police officer as criminal intelligence is proposed to be used in a proceeding on application under section 61F , the director of public prosecutions must apply to the court for a decision about whether the information is criminal intelligence.

    (2)     The application need not be served on anyone unless the court otherwise orders on its own initiative.

    (3)     The court must decide whether the information is, or is not, criminal intelligence.

    (4)     If the court proposes to decide that the information is not criminal intelligence, the director of public prosecutions must be told about the proposal and given the opportunity to withdraw the information from the proceeding.

    (5)     The application must be heard in closed court.

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