Freedom of Information Act 1982


Division 8 - Information gathering powers  

SECTION 55U   Information gathering powers - production of national security, Cabinet or Parliamentary Budget Office documents  


This section applies to an IC review of a decision in relation to a document that is claimed to be an exempt document under section 33 (national security documents), 34 (Cabinet documents) or 45A (Parliamentary Budget Office documents).

The Information Commissioner may only require the production of the document in accordance with this section.


If the Information Commissioner is not satisfied by evidence on affidavit or otherwise that the document is an exempt document under section 33 , 34 or 45A , the Information Commissioner may require the document to be produced for inspection by the Information Commissioner.

If the Information Commissioner is satisfied that the document is an exempt document, the Information Commissioner must return the document to the person by whom it was produced without permitting a person to have access to the document or disclosing the contents of the document to a person, unless the person is:

(a) the Information Commissioner; or

(b) a member of the staff of the Information Commissioner in the course of the performance of his or her duties as a member of that staff; or

(c) in the circumstances permitted under paragraph 55ZD(3)(a) - the Inspector-General of Intelligence and Security.

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