Commonwealth Consolidated Acts

FREEDOM OF INFORMATION ACT 1982 - SECT 33A

             (1)  Subject to subsection (5), 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 relations between the Commonwealth and a State; or

                     (b)  would divulge information or matter communicated in confidence by or on behalf of the Government of a State or an authority of a State, 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:

                     (a)  is an exempt document for a reason referred to in subsection (1); and

                     (b)  is not a document containing matter the disclosure of which under this Act would be, on balance, in the public interest;

the Minister may sign a certificate to that effect, specifying that reason.

          (2A)  Subject to the operation of Part VI, such a certificate, so long as it remains in force, establishes conclusively that the document:

                     (a)  is an exempt document referred to in subsection (1); and

                     (b)  does not contain matter the disclosure of which under this Act would, on balance, be in the public interest.

             (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:

                     (a)  cause the last‑mentioned document to be an exempt document for a reason referred to in subsection (1); and

                     (b)  not cause the last‑mentioned document to be a document containing matter the disclosure of which under this Act would be, on balance, in the public interest;

the Minister may sign a certificate to that effect, specifying that reason.

          (4A)  Subject to the operation of Part VI, such a certificate, so long as it remains in force, establishes conclusively that the document:

                     (a)  would be an exempt document referred to in subsection (1); and

                     (b)  would not contain matter the disclosure of which under this Act would, on balance, be in the public interest.

             (5)  This section does not apply to a document in respect of matter in the document the disclosure of which under this Act would, on balance, be in the public interest.

             (6)  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.

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

             (8)  A delegation under subsection (6) does not prevent the exercise of a power by the responsible Minister.