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
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of Casino Act 1997
4	Substitution of section 66A
66A	Procedure in relation to criminal intelligence
5	Amendment of section 69—Confidentiality of criminal intelligence and other information provided by Commissioner of Police
Part 3—Amendment of Firearms Act 1977 
6	Amendment of section 5—Interpretation
7	Amendment of section 26C—Right of appeal to District Court
Part 4—Amendment of Gaming Machines Act 1992
8	Amendment of section 3—Interpretation
Part 5—Amendment of Liquor Licensing Act 1997
9	Amendment of section 28A—Criminal intelligence
Part 6—Amendment of Security and Investigation Agents Act 1995
10	Amendment of section 3—Interpretation
Part 7—Amendment of Summary Offences Act 1953
11	Amendment of section 74BA—Interpretation
12	Amendment of section 74BB—Fortification removal order
13	Amendment of section 74BC—Content of fortification removal order
14	Insertion of section 74BGA
74BGA	Criminal 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.