Commonwealth Numbered Acts

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 33

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
non-existence of a document as described in a request would, if contained in a
document of an agency, cause the disclosure under this Act of the
last-mentioned document 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).

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

(6) A power delegated under sub-section (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 sub-section (5) does not prevent the exercise of a
power by the responsible Minister.