Commonwealth Consolidated Acts

FREEDOM OF INFORMATION ACT 1982 - SECT 33

             (1)  A document is an exempt document if disclosure of the document under this Act:

                     (a)  would, or could reasonably be expected to, cause damage to:

                              (i)  the security of the Commonwealth;

                             (ii)  the defence of the Commonwealth; or

                            (iii)  the international relations of the Commonwealth; or

                     (b)  would divulge any information or matter communicated in confidence by or on behalf of a foreign government, an authority of a foreign government or an international organization to the Government of the Commonwealth, to an authority of the Commonwealth or to a person receiving the communication on behalf of the Commonwealth or of an authority of the Commonwealth.

             (2)  Where a Minister is satisfied that a document is an exempt document for a reason referred to in subsection (1), he or she 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 subsection (1).

             (3)  Where a Minister is satisfied as mentioned in subsection (2) by reason only of matter contained in a particular part or particular parts of a document, a certificate under that subsection 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 non‑existence of a document as described in a request would, if contained in a document of an agency, cause the last‑mentioned document to be an exempt document under this section for a reason referred to in subsection (1), he or she may sign a certificate to that effect (specifying that reason).

             (5)  The responsible Minister of an agency may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to the principal officer of the agency his or her powers under this section in respect of documents of the agency.

             (6)  A power delegated under subsection (5), when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the responsible Minister.

             (7)  A delegation under subsection (5) does not prevent the exercise of a power by the responsible Minister.