Commonwealth Consolidated Regulations

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BIOSECURITY REGULATION 2016 - REG 101

Information that would be prejudicial to the public interest

  (1)   The Agriculture Minister may, on request by the Director of Biosecurity, direct that information relating to a specified matter connected with a review conducted by the Inspector - General should not be made publicly available on the grounds that doing so would:

  (a)   prejudice the security, defence or international relations of the Commonwealth; or

  (b)   prejudice negotiations relating to a treaty or other international agreement; or

  (c)   be contrary to a treaty or other international agreement to which Australia is a party; or

  (d)   prejudice relations between the Commonwealth and a State or Territory; or

  (e)   involve the disclosure of deliberations or decisions of the Cabinet or of a Committee of the Cabinet; or

  (f)   involve the disclosure of deliberations or advice of the Executive Council; or

  (g)   prejudice the prevention, investigation or prosecution of an offence against any law; or

  (h)   prejudice the prevention or investigation of, or the conduct of proceedings for recovery of civil penalties for, a contravention of any law; or

  (i)   be contrary to an order of a court or tribunal; or

  (j)   be contrary to the public interest for any other reason that could form the basis for a claim in a judicial proceeding that information relating to the matter should not be disclosed or documents relating to the matter should not be produced; or

  (k)   endanger the safety of any person; or

  (l)   prejudice the revenue of the Commonwealth.

  (2)   If the Director of Biosecurity makes a request under subsection   (1), the Director of Biosecurity must notify the Inspector - General, in writing, that the request has been made.

  (3)   If the Agriculture Minister receives a request under subsection   (1) in relation to information relating to a specified matter, the Agriculture Minister must:

  (a)   decide whether or not to give a direction in relation to the information; and

  (b)   notify the Director of Biosecurity and the Inspector - General, in writing, of the decision; and

  (c)   if the Agriculture Minister decides that making the information publicly available would be prejudicial to the public interest on a ground referred to in any of paragraphs   (1)(a) to (l)--give the Director of Biosecurity and the Inspector - General, in writing, a direction to that effect and the reasons for the direction.

  (4)   The Inspector - General must not make information relating to the specified matter publicly available, or publish a review report including information relating to the specified matter, unless the Inspector - General has been notified of the Agriculture Minister's decision under paragraph   (3)(b).

  (5)   If the Agriculture Minister gives the Inspector - General a direction under paragraph   (3)(c) in relation to information relating to a specified matter, the Inspector - General must not make the information publicly available or include it in a review report.



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