South Australian Consolidated Acts South Australian Consolidated Acts26C—Right of appeal to District Court
(a) a
decision of the Registrar that has been affirmed by the Firearms
Review Committee; or
(b) if a
matter is remitted to the Registrar by the Firearms Review Committee, a
decision of the Registrar following remission of the matter; or
(c) a
decision of the Registrar to issue a firearms prohibition order,
may appeal against the decision to the District Court.
(2) If the committee
or the Registrar has not given the person reasons in writing for making the
decision appealed against, the committee or Registrar must do so on request
made within 28 days after the person received notice of the decision.
(3) If a decision was
made because of information that is classified by the Registrar as
criminal intelligence, the only reason required to be given is that the
decision was made on public interest grounds.
(4) An appeal under
this section must be made—
(a)
within 28 days after the person received notice of the decision appealed
against; or
(b) if a
request for reasons in writing is made under subsection (2)—within
28 days after the person received the reasons in writing.
(5) On an appeal under
this section, the Registrar may apply to the District Court for a
determination that information classified by the Registrar as criminal
intelligence is criminal intelligence.
(6) The Court must
maintain the confidentiality of information that is the subject of an
application under subsection (5).
(7) If the Court
proposes to determine that the information is not criminal intelligence,
the Registrar must be informed of the proposed determination and given the
opportunity to withdraw the information from the proceedings.
(8) If the Court
determines that the information is criminal intelligence or the Registrar
withdraws the information, the Court must continue to maintain the
confidentiality of the information.
(9) The
confidentiality of information is maintained only if—
(a) the
information is not used except for the purposes of the proceedings; and
(b) the
information is not disclosed to the appellant, the appellant's representatives
or any member of the public; and
(c)
evidence and submissions about the information are received and heard in
private in the absence of the appellant and the appellant's representatives
and are not disclosed to any member of the public; and
(d) the
information is not disclosed in the Court's reasons for decision.
(10) The Court may
take any steps it considers appropriate to maintain the confidentiality of the
information.