Section 33 — Immigration Act 2009: Classified information relating to security or criminal conduct may be relied on in decision making

33 Classified information relating to security or criminal conduct may be relied on in decision making (1) Classified information may be relied on in making decisions or determining proceedings under this Act if the Minister determines that the classified information relates to matters of security or criminal conduct. (2) If subsection (1) applies, the Minister may— (a) rely on the information to make a decision under Part 3 , 4 , or 6 ; or (b) direct that the information be provided to a refugee and protection officer (who has been authorised by the chief executive to make decisions under Part 5 relying on classified information) so that the officer may rely on it to make— (i) a decision under Part 5 ; or (ii) an application to the Tribunal under that Part; or (c) refer the information to the Tribunal or a court, as the case may be, if the information is first to be relied on— (i) in an appeal to the Tribunal or the court; or (ii) in an application to the Tribunal; or (iii) in review proceedings; or (d) refer the information to the chief executive so that he or she may make an application for a warrant of commitment, or an application or a response to an application for review or release, in accordance with section 325 . (3) Sections 34 to 42 apply, as appropriate, when decisions are made relying on classified information to which subsection (1) applies. (4) Sections 240 to 244 and 252 to 270 apply to proceedings involving classified information to which subsection (1) applies.