Commonwealth Consolidated Acts

FREEDOM OF INFORMATION ACT 1982 - SECT 35

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

                     (a)  a document that has been submitted to the Executive Council 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 Executive Council;

                     (b)  an official record of the Executive Council;

                     (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 advice of the Executive Council, other than a document by which an act of the Governor‑General, acting with the advice of the Executive Council, 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 advice of the Executive Council; and

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