10 Law enforcement or public safety information

(1) Information is exempt information if its disclosure could reasonably be expected to—

(a) prejudice the investigation of a contravention or possible contravention of the law (including revenue law) in a particular case; or

(b) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or

(c) endanger a person's life or physical safety; or

(d) result in a person being subjected to a serious act of harassment or intimidation; or

(e) prejudice a person's fair trial or the impartial adjudication of a case; or

(f) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law (including revenue law); or

(g) prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or

(h) endanger the security of a building, structure or vehicle; or

(i) prejudice a system or procedure for the protection of persons, property or the environment; or

(j) facilitate a person's escape from lawful custody; or

(k) prejudice the wellbeing of a cultural or natural resource or the habitat of animals or plants.

(2) However, information is not exempt information under subsection (1) if it consists of—

(a) matter revealing that the scope of a law enforcement investigation has exceeded the limits imposed by law; or

(b) matter containing a general outline of the structure of a program adopted by an agency for dealing with a contravention or possible contravention of the law; or

(c) a report on the degree of success achieved in a program adopted by an agency for dealing with a contravention or possible contravention of the law; or

(d) a report prepared in the course of a routine law enforcement inspection or investigation by an agency whose functions include that of enforcing the law (other than the criminal law or the law relating to corruption under the Crime and Corruption Act 2001; or

(e) a report on a law enforcement investigation that has already been disclosed to the entity the subject of the investigation.

(3) Also, information is exempt information if—

(a) it consists of information given in the course of an investigation of a contravention or possible contravention of the law (including revenue law); and

(b) the information was given under compulsion under an Act that abrogated the privilege against self-incrimination.

(4) Also, information is exempt information if it consists of information obtained, used or prepared for an investigation by a prescribed crime body, or another agency, in the performance of the prescribed functions of the prescribed crime body.

(5) Also, information is exempt information if it consists of information obtained, used or prepared—

(a) for an investigation by a part of the Queensland Police Service known as the State Intelligence Group; or

(b) for an investigation by a part of the Queensland Police Service known as the State Security Operations Group; or

(c) by Crime Stoppers Queensland Limited ACN 010 995 650.

(6) However, information is not exempt information under subsection (4) or (5) in relation to a particular applicant if—

(a) it consists of information about the applicant; and

(b) the investigation has been finalised.

(7) A reference in this section to a repealed Act includes a reference to the repealed Act as originally enacted and as in force from time to time.

(8) A reference in this section to a contravention or possible contravention of the law includes a reference to corruption or possible corruption under the Crime and Corruption Act 2001.

(9) In this section—

corruption functions see the Crime and Corruption Act 2001, section 33.

crime function see the Crime and Corruption Act 2001, section 25.

intelligence functions mean the functions mentioned in the Crime and Corruption Act 2001, section 53.

law includes law of the Commonwealth, a State or a foreign country.

prescribed crime body means—

(a) the Crime and Corruption Commission; or

(b) the former Criminal Justice Commission; or

(c) the former Queensland Crime Commission.

prescribed functions means—

(a) in relation to the Crime and Corruption Commission—the crime function, the intelligence functions and the corruption functions; and

(b) in relation to the former Criminal Justice Commission—the functions of the former Criminal Justice Commission under the repealed Criminal Justice Act 1989 in relation to organised or major crime, or in relation to misconduct or official misconduct, within the meaning of that Act; and

(c) in relation to the former Queensland Crime Commission—the functions of the former Queensland Crime Commission under the repealed Crime Commission Act 1997 in relation to relevant criminal activity or major crime within the meaning of that Act.