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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Criminal Intelligence)
Bill 2010
A BILL FOR
An Act to amend the Casino
Act 1997; the Firearms
Act 1977; the Gaming
Machines Act 1992; the Liquor
Licensing Act 1997; the Security
and Investigation Agents Act 1995; and the Summary
Offences Act 1953.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Casino
Act 1997
4Substitution of section
66A
66AProcedure in relation
to criminal intelligence
5Amendment of section
69—Confidentiality of criminal intelligence and other information provided
by Commissioner of Police
Part 3—Amendment of Firearms
Act 1977
6Amendment of section
5—Interpretation
7Amendment of section 26C—Right of appeal
to District Court
Part 4—Amendment of Gaming Machines
Act 1992
8Amendment of section
3—Interpretation
Part 5—Amendment of Liquor Licensing
Act 1997
9Amendment of section 28A—Criminal
intelligence
Part 6—Amendment of Security and
Investigation Agents Act 1995
10Amendment of section
3—Interpretation
Part 7—Amendment of Summary Offences
Act 1953
11Amendment of section
74BA—Interpretation
12Amendment of section 74BB—Fortification
removal order
13Amendment of section 74BC—Content of
fortification removal order
14Insertion of section
74BGA
74BGACriminal
intelligence
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Criminal Intelligence)
Act 2010.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Casino Act 1997
Section 66A—delete the section and substitute:
66A—Procedure in relation to criminal
intelligence
In any proceedings under this Part, the Authority or the
Supreme Court—
(a) must, on the application of the Commissioner of Police, take steps to
maintain the confidentiality of information classified by the Commissioner of
Police 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
(b) may take evidence consisting of or relating to information that is so
classified by the Commissioner of Police by way of affidavit of a police officer
of or above the rank of superintendent.
5—Amendment
of section 69—Confidentiality of criminal intelligence and other
information provided by Commissioner of Police
Section 69(4)—delete subsection (4)
Part 3—Amendment
of Firearms Act 1977
6—Amendment
of section 5—Interpretation
Section 5(1), definition of criminal
intelligence—delete "or to enable the discovery of the existence
or identity of a confidential source of information relevant to law enforcement"
and substitute:
to enable the discovery of the existence or identity of a confidential
source of information relevant to law enforcement or to endanger a person's life
or physical safety
7—Amendment
of section 26C—Right of appeal to District Court
Section 26C(5) to (10)—delete subsections (5) to (10) (inclusive) and
substitute:
(5) On an appeal under this section, the Court—
(a) must, on the application of the Registrar, take steps to maintain the
confidentiality of information classified by the Registrar 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
(b) may take evidence consisting of or relating to information so
classified by the Registrar by way of affidavit of a police officer of or above
the rank of superintendent.
Part 4—Amendment
of Gaming Machines
Act 1992
8—Amendment
of section 3—Interpretation
Section 3(1), definition of criminal
intelligence—delete "or to enable the discovery of the existence
or identity of a confidential source of information relevant to law enforcement"
and substitute:
to enable the discovery of the existence or identity of a confidential
source of information relevant to law enforcement or to endanger a person's life
or physical safety
Part 5—Amendment
of Liquor Licensing
Act 1997
9—Amendment
of section 28A—Criminal intelligence
(1) Section 28A(5a) to (5h)—delete subsections (5a) to (5h)
(inclusive) and substitute:
(5a) In any proceedings under this Act, the Commissioner, the Court or the
Supreme Court—
(a) must, on the application of the Commissioner of Police, take steps to
maintain the confidentiality of information classified by the Commissioner of
Police 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
(b) may take evidence consisting of or relating to information so
classified by the Commissioner of Police by way of affidavit of a police officer
of or above the rank of superintendent.
(2) Section 28A(7)—delete subsection (7)
Part 6—Amendment
of Security and Investigation Agents
Act 1995
10—Amendment
of section 3—Interpretation
Section 3, definition of criminal intelligence—delete
"or to enable the discovery of the existence or identity of a confidential
source of information relevant to law enforcement" and substitute:
to enable the discovery of the existence or identity of a confidential
source of information relevant to law enforcement or to endanger a person's life
or physical safety
Part 7—Amendment
of Summary Offences
Act 1953
11—Amendment
of section 74BA—Interpretation
Section 74BA—after the definition of Court
insert:
criminal intelligence means information relating to actual or
suspected criminal activity (whether in this State or elsewhere) the disclosure
of which could reasonably be expected to prejudice criminal investigations, to
enable the discovery of the existence or identity of a confidential source of
information relevant to law enforcement or to endanger a person's life or
physical safety;
12—Amendment
of section 74BB—Fortification removal order
Section 74BB(5), (6), (7) and (8)—delete subsections (5), (6), (7)
and (8)
13—Amendment
of section 74BC—Content of fortification removal
order
(1) Section 74BC(2)—delete "in respect of which an order has been
made by the Court under section 74BB(5)" and substitute:
the disclosure of which would be inconsistent with a decision of the Court
under section 74BGA
(2) Section 74BC(3)—delete "in breach of an order of the Court under
section 74BB(5)" and substitute:
inconsistent with a decision of the Court under
section 74BGA
(3) Section 74BC(4)—delete subsection (4) and substitute:
(4) If disclosure of information included in the affidavit would be
inconsistent with a decision of the Court under section 74BGA, an edited
copy of the affidavit, from which the information that cannot be disclosed has
been removed or erased, may be attached to the fortification removal
order.
After section 74BG insert:
74BGA—Criminal intelligence
In any proceedings under this Part, the court determining the
proceedings—
(a) 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 private in the absence of the parties to the proceedings and
their representatives; and
(b) may take evidence consisting of, or relating to, information that is
so classified by the Commissioner by way of affidavit of a police officer of or
above the rank of superintendent.