South Australian Bills

[Index] [Search] [Download] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


STATUTES AMENDMENT (CRIMINAL INTELLIGENCE) BILL 2010

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:

Part 1—Preliminary

1—Short title

This Act may be cited as the Statutes Amendment (Criminal Intelligence) Act 2010.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Amendment provisions

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

4—Substitution of section 66A

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.

14—Insertion of section 74BGA

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.

 


[Index] [Search] [Download] [Help]