Freedom of InformationNo. 3, 1982
PART IV—EXEMPT DOCUMENTS
Interpretation
32. A provision of this Part by virtue of which documents referred to in the provision are exempt documents—
- (a) shall not be construed as limited in its scope or operation in any way by any other provision of this Part by virtue of which documents are exempt documents; and
- (b) shall not be construed as not applying to a particular document by reason that another provision of this Part of a kind mentioned in paragraph (a) also applies to that document.
Documents affecting national security, defence, international relations and relations with States
33. (1) A document is an exempt document if disclosure of the document under this Act would be contrary to the public interest for the reason that the disclosure—
- (a) could reasonably be expected to cause damage to—
- (i) the security of the Commonwealth;
- (ii) the defence of the Commonwealth;
- (iii) the international relations of the Commonwealth; or
- (iv) relations between the Commonwealth and any State or the Northern Territory; or
- (b) would divulge any information or matter communicated in confidence by or on behalf of the Government of another country, or of a State or the Northern Territory, to the Government of the Commonwealth or a person receiving the communication on behalf of that Government.
(2) Where a Minister is satisfied that the disclosure under this Act of a document would be contrary to the public interest for a reason referred to in sub-section (1), he may sign a certificate to that effect (specifying that reason) and. subject to the operation of Part VI, such a certificate, so long as it remains in force, establishes conclusively that the document is an exempt document referred to in sub-section (1).
(3) Where a Minister is satisfied as mentioned in sub-section (2) by reason only of matter contained in a particular part or particular parts of a document, a certificate under that sub-section in respect of the document shall identify that part or those parts of the document as containing the matter by reason of which the certificate is given.
(4) Where a Minister is satisfied that information as to the existence or nonexistence of a document as described in a request would, if contained in a of an agency, cause the disclosure under this Act of the last-mentioned to be contrary to the public interest for a reason referred to in sub-section (1), he may sign a certificate to that effect (specifying that reason).
