Administrative Decisions (Judicial Review) Act 1977
If the Attorney-General certifies, by writing signed by him or her, that the disclosure of information concerning a specified matter 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 deliberations or decisions of the Cabinet or of a Committee of the Cabinet; or (c) for any other reason specified in the certificate that could form the basis for a claim in a judicial proceeding that the information should not be disclosed;
the following provisions of this section have effect.
Where a person has been requested in accordance with section 13 to furnish a statement to a person: (a) the first-mentioned person is not required to include in the statement any information in respect of which the Attorney-General has certified in accordance with subsection (1) of this section; and (b) where the statement would be false or misleading if it did not include such information - the first-mentioned person is not required by that section to furnish the statement.
Where, by reason of subsection (2), information is not included in a statement furnished by a person or a statement is not furnished by a person, the person shall give notice in writing to the person who requested the statement: (a) in a case where information is not included in a statement - stating that the information is not so included and giving the reason for not including the information; or (b) in a case where a statement is not furnished - stating that the statement will not be furnished and giving the reason for not furnishing the statement. 14(4)
Nothing in this section affects the power of the Federal Court or the Federal Circuit Court to make an order for the discovery of documents or to require the giving of evidence or the production of documents to the court.
[ CCH Note: S 14(4) will be amended by No 13 of 2021, s 3 and Sch 2 item 37, by substituting " Federal Circuit and Family Court of Australia (Division 2) " for " Federal Circuit Court " , effective at the same time as the provisions covered by Federal Circuit and Family Court of Australia Act 2021 commences. However, the provisions do not commence at all if that Act does not commence.]