Commonwealth Numbered Acts

Freedom of Information Amendment Act 1983 No. 81 of 1983 - SECT 17

17. After section 33 of the Principal Act the following section is inserted:
Documents affecting relations with States

''33A. (1) Subject to sub-section (5), a document is an exempt document if
disclosure of the document under this Act-

   (a)  would, or could reasonably be expected to, cause damage to relations
        between the Commonwealth and a State; or

   (b)  would divulge information or matter communicated in confidence by or
        on behalf of the Government of a State or an authority of a State, to
        the Government of the Commonwealth, to an authority of the
        Commonwealth or to a person receiving the communication on behalf of
        the Commonwealth or of an authority of the Commonwealth.

''(2) Where a Minister is satisfied that a document is an exempt document for
a reason referred to in sub-section (1), he may sign a certificate to that
effect (specifying that reason) and, subject to the operation of Part VI, such
a certificate, so long as it remains in force, establishes conclusively that
the document is an exempt document referred to in sub-section (1).

''(3) Where a Minister is satisfied as mentioned in sub-section (2) by reason
only of matter contained in a particular part or particular parts of a
document, a certificate under that sub-section in respect of the document
shall identify that part or those parts of the document as containing the
matter by reason of which the certificate is given.

''(4) Where a Minister is satisfied that information as to the existence or
non-existence of a document as described in a request would, if contained in a
document of an agency, cause the last-mentioned document to be an exempt
document under this section for a reason referred to in sub-section (1), he
may sign a certificate to that effect (specifying that reason).

''(5) This section does not apply to a document in respect of matter in the
document the disclosure of which under this Act would, on balance, be in the
public interest.

''(6) The responsible Minister of an agency may, either generally or as
otherwise provided by the instrument of delegation, by writing signed by him,
delegate to the principal officer of the agency his powers under this section
in respect of documents of the agency.

''(7) A power delegated under sub-section (6), when exercised by the delegate,
shall, for the purposes of this Act, be deemed to have been exercised by the
responsible Minister.

''(8) A delegation under sub-section (6) does not prevent the exercise of a
power by the responsible Minister.''.