Minister's power to certify that disclosure of information would be
prejudicial
(1) The Minister may give the Inspector-General a certificate
stating that the disclosure of information relating to a specified matter
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; 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 brought with respect to, other
contraventions 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.
Certificates may have effect for information-gathering powers and/or reporting
obligations
(2) A certificate may be expressed to have effect for the
purposes of either or both of the following:
- (a)
- the Inspector-General's
information-gathering powers;
- (b)
- the Inspector-General's reporting obligations.
However, a certificate based on the ground referred to in
paragraph (1)(l) must only be expressed to have effect for the purposes
of the Inspector-General's reporting obligations.
Effect of certificate on information-gathering powers
(3) The following
provisions apply while a certificate that is expressed to have effect for the
purposes of the Inspector-General's information-gathering powers is in force:
- (a)
- a submission, or a record of a submission, that contains information
relating to the matter specified in the certificate must not be made available
under subsection 13(3);
- (b)
- a person must not be requested or required under section 14 or 15 to
give information, produce documents, or answer questions, relating to the
matter specified in the certificate;
- (c)
- any request or requirement made under section 14 or 15 before the
certificate was given ceases to have effect, so far as it relates to the
matter specified in the certificate.
Effect of certificate on reporting obligations
(4) While a certificate that
is expressed to have effect for the purposes of the Inspector-General's
reporting obligations is in force, information relating to the matter
specified in the certificate must not be included in a report under
section 10 or 41.