South Australian Current Acts South Australian Current Acts (1) Within the period
of 30 days beginning on the day the Committee is given a copy of a
determination
(a "special determination") under section 8(2) or (3), the Committee may
by resolution, with the agreement of the member of the Committee representing
the Commonwealth and at least 5 other members of the Committee, request the
Chair of the Board to give further information to the Committee in relation to
the determination.
(2) Subject to
subsection (3), the Chair of the Board must comply with the request.
(3) If the Chair of
the Board considers that disclosure of information to the public could
prejudice the safety or reputation of persons or the operations of law
enforcement agencies, the Chair must not give the Committee the information.
(4) If the Chair of
the Board does not give the Committee information on the ground that the Chair
considers that disclosure of the information to the public could prejudice the
safety or reputation of persons or the operations of law enforcement agencies,
the Committee may refer the request to the State Minister.
(5) If the Committee
refers the request to the State Minister, he or she—
(a) must
determine in writing whether disclosure of the information could prejudice the
safety or reputation of persons or the operations of law enforcement agencies;
and
(b) must
provide copies of that determination to the Chair of the Board and the
Committee; and
(c) must
not disclose his or her reasons for determining the question of whether the
information could prejudice the safety or reputation of persons or the
operations of law enforcement agencies in the way stated in the determination.
(6) Within the period
of 30 days beginning on the day the Committee makes a request under
subsection (1) in relation to a special determination, the Committee may,
by resolution, with the agreement of the member of the Committee representing
the Commonwealth and at least 5 other members of the Committee, revoke the
determination.
(7) The Committee must
notify the Chair of the Board and the CEO of the revocation. The revocation
takes effect when the CEO is so notified.
(8) To avoid doubt,
the revoking of the determination does not affect the validity of any act done
in connection with the ACC operation/investigation concerned before the CEO is
so notified.
(9) The Committee does
not have a duty to consider whether to exercise the power under
subsection (1) or (6) in respect of any special determination, whether
the Committee is requested to do so by any person, or in any other
circumstances.