Commonwealth Numbered Acts

Freedom of Information Amendment Act 1983 No. 81 of 1983 - SECT 21

21. Sections 39 and 40 of the Principal Act are repealed and the following
sections are substituted: Documents affecting financial or property interests
of the Commonwealth

''39. (1) Subject to sub-section (2), a document is an exempt document if its
disclosure under this Act would have a substantial adverse effect on the
financial or property interests of the Commonwealth or of an agency.

''(2) 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. Documents concerning certain operations of agencies

''40. (1) Subject to sub-section (2), a document is an exempt document if its
disclosure under this Act would, or could reasonably be expected to-

   (a)  prejudice the effectiveness of procedures or methods for the conduct
        of tests, examinations or audits by an agency;

   (b)  prejudice the attainment of the objects of particular tests,
        examinations or audits conducted or to be conducted by an agency;

   (c)  have a substantial adverse effect on the management or assessment of
        personnel by the Commonwealth or by an agency;

   (d)  have a substantial adverse effect on the proper and efficient conduct
        of the operations of an agency; or

   (e)  have a substantial adverse effect on the conduct by or on behalf of
        the Commonwealth or an agency of industrial relations.

''(2) 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.''.