Victorian Consolidated Legislation

Freedom of Information Act 1982 - SECT 29A

Documents affecting national security, defence or international relations

29A. Documents affecting national security, defence or international relations



(1) A document is an exempt document if disclosure of the document under this
Act would, or could reasonably be expected to, cause damage to-

   (a)  the security of the Commonwealth or any State or Territory; or

   (b)  the defence of the Commonwealth; or

   (c)  the international relations of the Commonwealth.

(1A) Without limiting subsection (1), a document is an exempt document if it
is a document created (whether before or after the commencement of section 22
of the Terrorism (Community Protection) (Further Amendment) Act 2006) by the
Counter Terrorism Coordination and Emergency Management Department of the
police force of Victoria.

(1B) Without limiting subsection (1), a document is an exempt document if-

   (a)  its disclosure would, or could reasonably be expected to, endanger the
        security of any premises within the meaning of the
        Terrorism (Community Protection) Act 2003; or

   (b)  it is a risk management plan prepared under section 29 of the
        Terrorism (Community Protection) Act 2003; or

   (c)  it is a document containing, or containing a general outline of, a
        training exercise prepared under section 33 of the
        Terrorism (Community Protection) Act 2003; or

   (d)  it is a document that is or contains a report or advice on the
        adequacy of a plan referred to in paragraph (b) or of a document or
        exercise referred to in paragraph (c) or may otherwise disclose
        details of any such plan or exercise-

whether the document is created before or after the commencement of section 22
of the Terrorism (Community Protection) (Further Amendment) Act 2006.

(2) For the purposes of this Act, a certificate signed by a Department Head or
the Chief Commissioner of Police, certifying that a document as described in a
request is or would, if it existed, be one of a kind referred to in a
specified paragraph of subsection (1) or (1B) or in subsection (1A),
establishes that the document is or would, if it existed, be an exempt
document.





(3) The Ombudsman may not conduct an investigation in respect of a certificate
under subsection (2) or a question whether a document is of a kind referred to
in subsection (1), (1A) or (1B) or a decision to sign such a certificate.

(4) In this section a reference to a document includes a reference to a
document whether created before or after the commencement of section 42 of the
Terrorism (Community Protection) Act 2003.