Administrative Decisions (Judicial Review) Act 1977

SECTION 13A   CERTAIN INFORMATION NOT REQUIRED TO BE DISCLOSED  

13A(1)  
This section applies in relation to any information to which a request made to a person under subsection 13(1) relates, being information that:

(a)  relates to the personal affairs or business affairs of a person, other than the person making the request; and

(b)  is information:


(i) that was supplied in confidence;

(ii) the publication of which would reveal a trade secret;

(iii) that was furnished in compliance with a duty imposed by an enactment; or

(iv) the furnishing of which in accordance with the request would be in contravention of an enactment, being an enactment that expressly imposes on the person to whom the request is made a duty not to divulge or communicate to any person, or to any person other than a person included in a prescribed class of persons, or except in prescribed circumstances, information of that kind.

13A(2)  
Where a person has been requested in accordance with subsection 13(1) to furnish a statement to a person:

(a)  the first-mentioned person is not required to include in the statement any information in relation to which this section applies; 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 section 13 to furnish the statement.

13A(3)  
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.

13A(4)  


Nothing in this section affects the power of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) to make an order for the discovery of documents or to require the giving of evidence or the production of documents to the court.

 

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