New South Wales Consolidated Acts

FREEDOM OF INFORMATION ACT 1989 - SECT 58B

58B Consideration of documents the subject of a Ministerial certificate

(1) If, in proceedings under section 58A, the Supreme Court is not satisfied, by evidence on affidavit or otherwise, that there are reasonable grounds for the claim that the document is a restricted document, it may require the document to be produced in evidence before it.

(2) If, after considering any document produced before it, the Supreme Court is still not satisfied that there are reasonable grounds for the claim, the Supreme Court is to make an order to that effect and remit the matter to the Tribunal.

(3) The Supreme Court is not to make such an order unless it has given the Minister administering this Act a reasonable opportunity to appear and be heard in relation to the matter.

(4) A Ministerial certificate which is the subject of an order under this section:

(a) subject to paragraph (b)-ceases to have effect when the order takes effect, or

(b) in the case of a certificate that states that the document is a restricted document by virtue of clause 1 (Cabinet documents) or clause 2 (Executive Council documents) of Part 1 of Schedule 1-ceases to have effect at the end of the period of 28 days after the order is made, unless the certificate is confirmed in accordance with section 58C.

(5) If the Minister administering this Act withdraws the Ministerial certificate before the end of the period of 28 days after the order is made, the Minister must, as soon as practicable, cause notice to be served on the review applicant, and on the agency or Minister concerned, that the certificate is no longer in force.