Commonwealth Consolidated Acts

FREEDOM OF INFORMATION ACT 1982 - SECT 34

             (1)  A document is an exempt document if it is:

                     (a)  a document that has been submitted to the Cabinet for its consideration or is proposed by a Minister to be so submitted, being a document that was brought into existence for the purpose of submission for consideration by the Cabinet;

                     (b)  an official record of the Cabinet;

                     (c)  a document that is a copy of, or of a part of, or contains an extract from, a document referred to in paragraph (a) or (b); or

                     (d)  a document the disclosure of which would involve the disclosure of any deliberation or decision of the Cabinet, other than a document by which a decision of the Cabinet was officially published.

          (1A)  This section does not apply to a document (in this subsection referred to as a relevant document ) that is referred to in paragraph (1)(a), or that is referred to in paragraph (1)(b) or (c) and is a copy of, or of part of, or contains an extract from, a document that is referred to in paragraph (1)(a), to the extent that the relevant document contains purely factual material unless:

                     (a)  the disclosure under this Act of that document would involve the disclosure of any deliberation or decision of the Cabinet; and

                     (b)  the fact of that deliberation or decision has not been officially published.

             (2)  For the purposes of this Act, a certificate signed by the Secretary to the Department of the Prime Minister and Cabinet certifying that a document:

                     (a)  is one of a kind referred to in a paragraph of subsection (1); and

                     (b)  is not a document containing purely factual material that is excluded from the application of this section under subsection (1A);

establishes conclusively, subject to the operation of Part VI, that it:

                     (c)  is an exempt document of that kind; and

                     (d)  is not a document containing such material.

             (3)  Where a document is a document referred to in paragraph (1)(c) or (d) by reason only of matter contained in a particular part or particular parts of the document, a certificate under subsection (2) 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)  For the purposes of this Act, a certificate signed by the Secretary to the Department of the Prime Minister and Cabinet certifying that a document as described in a request would, if it existed:

                     (a)  be one of a kind referred to in a paragraph of subsection (1); and

                     (b)  not be a document containing purely factual material that is excluded from the application of this section under subsection (1A);

establishes conclusively, subject to the operation of Part VI, that, if such a document exists, it:

                     (c)  is an exempt document of that kind; and

                     (d)  is not a document containing such material.

             (5)  Where a certificate in accordance with subsection (4) has been signed in respect of a document as described in a request, the decision on the request may be a decision that access to a document as described in the request is refused on the ground that, if such a document existed, it would be an exempt document referred to in the paragraph of subsection (1) that is specified in the certificate.

             (6)  A reference in this section to the Cabinet shall be read as including a reference to a committee of the Cabinet.