Australian Capital Territory Current Acts

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ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1989 - SECT 15

Ministerial certificate about disclosure of information

    (1)     This section applies to information relating to a matter if the Minister certifies, in writing, that the disclosure of information relating to the matter would be contrary to the public interest—

        (a)     because it would involve the disclosure of deliberations or a decision of the Executive or of a committee of the Executive; or

        (b)     for any other stated reason that could form the basis for a claim in a judicial proceeding that the information should not be disclosed.

    (2)     If a person has been requested under section 13 to give a statement to a person—

        (a)     the person to whom the request is made is not required to include in the statement any information in relation to which this section applies; and

        (b)     if the statement would be false or misleading if it did not include the information—the person is not required to give the statement.

    (3)     If, under subsection (2), information is not included in a statement provided by a person or a statement is not provided by a person, the person must give a written notice to the person who requested the statement—

        (a)     if information is not included in a statement—stating that the information is not so included and giving the reason for not including the information; or

        (b)     if a statement is not provided—stating that the statement will not be provided and giving the reason for not providing the statement.

    (4)     This section does not affect the power of the Supreme Court to make an order for the discovery of documents or to require the giving of evidence or the production of documents to the court.



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