Victorian Consolidated Legislation

Freedom of Information Act 1982 - SECT 35

Documents containing material obtained in confidence

35. Documents containing material obtained in confidence



(1) A document is an exempt document if its disclosure under this Act would
divulge any information or matter communicated in confidence by or on behalf
of a person or a government to an agency or a Minister, and-

   (a)  the information would be exempt matter if it were generated by an
        agency or a Minister; or

   (b)  the disclosure of the information under this Act would be contrary to
        the public interest by reason that the disclosure would be reasonably
        likely to impair the ability of an agency or a Minister to obtain
        similar information in the future.

(2) This section does not apply to information-

   (a)  acquired by an agency or a Minister from a business, commercial or
        financial undertaking; and

   (b)  that relates to trade secrets or other matters of a business,
        commercial or financial nature.