(1) Without limiting what is a reasonable excuse for the purposes of section 83H, it is a reasonable excuse for a person to refuse or fail to comply with a requirement of the notice if—
(a) the information or document—
(i) is an exempt document under section 28 of the Freedom of Information Act 1982 ; or
(ii) is information that if included in a document would make that document an exempt document under that section 28; or
(b) the information or document is subject to legal professional privilege or client legal privilege.
(2) The Secretary to the Department of Premier and Cabinet may certify that information or a document described in subsection (1)(a)—
(a) in the case of information, is
information which, if included in a document, would make the document an
of a kind referred to in section 28(1) of the Freedom of Information Act 1982 ;
(b) in the case of a document, is or, if it existed, would be an exempt document of a kind referred to in section 28(1) of the Freedom of Information Act 1982 .
S. 83K inserted by No. 20/2017 s. 88.