Commonwealth Numbered Acts

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION ACT 1986 No. 125 of 1986 - SECT 24

24. (1) Where the Attorney-General furnishes to the Commission a certificate
certifying that the giving to the Commission, or to a person acting on behalf
of the Commission, of information concerning a specified matter (including the
giving of information in answer to a question) or the production to the
Commission, or to a person acting on behalf of the Commission, of a specified
document would be contrary to the public interest-

   (a)  by reason that it would prejudice the security, defence or
        international relations of Australia;

   (b)  by reason that it would involve the disclosure of communications
        between a Minister of the Commonwealth and a Minister of a State,
        being a disclosure that would prejudice relations between the
        Commonwealth Government and the Government of a State;

   (c)  by reason that it would involve the disclosure of deliberations or
        decisions of the Cabinet or of a Committee of the Cabinet;

   (d)  by reason that it would involve the disclosure of deliberations or
        advice of the Executive Council;

   (e)  by reason that it would prejudice the conduct of an investigation or
        inquiry into crime or criminal activity that is currently being
        pursued or would prejudice the fair trial of any person;

   (f)  by reason that it would disclose, or enable a person to ascertain, the
        existence or identity of a confidential source of information in
        relation to the enforcement of the criminal law;

   (g)  by reason that it would prejudice the effectiveness of the operational
        methods or investigative practices or techniques of agencies
        responsible for the enforcement of the criminal law; or

   (h)  by reason that it would endanger the life or physical safety of any
        person, neither the Commission nor any other person is entitled to
        require a person to give any information concerning the matter or to
        produce the document.

(2) Without limiting the operation of sub-section (1), where the Attorney-
General furnishes to the Commission a certificate certifying that the giving
to the Commission, or to a person acting on behalf of the Commission, of
information as to the existence or non-existence of information concerning a
specified matter (including the giving of information in answer to a question)
or as to the existence or non-existence of any one or more documents required
to be produced to the Commission, or to a person acting on behalf of the
Commission, would be contrary to the public interest-

   (a)  by reason that it would prejudice the security, defence or
        international relations of Australia; or

   (b)  by reason that it would prejudice the proper performance of the
        functions of the National Crime Authority, neither the Commission nor
        a person acting on behalf of the Commission is entitled, pursuant to
        this Act, to require a person to give any information as to the
        existence or non-existence of information concerning that matter or as
        to the existence or non-existence of that document or those documents.

(3) Notwithstanding the provisions of any law, a person is not excused-

   (a)  from giving any information, or producing a document, when required to
        do so pursuant to this Act; or

   (b)  from answering a question that the person is required to answer by a
        member before whom the person is attending in compliance with a notice
        served on the person under sub-section 21 (5), on the ground that the
        giving of the information, the production of the document or the
        answering of the question-

   (c)  would disclose legal advice furnished to a Minister, to a person or
        body that acts on behalf of the Commonwealth, or to an authority of
        the Commonwealth;

   (d)  would contravene the provisions of any other Act or would be contrary
        to the public interest; or

   (e)  might make the person liable to a penalty.

(4) A person is not liable to any penalty under the provisions of any other
law by reason of-

   (a)  giving information or producing a document when required to do so
        pursuant to this Act; or

   (b)  answering a question that the person is required to answer by a member
        before whom the person is attending in compliance with a notice served
        on the person under sub-section 21 (5).