PRIVACY ACT 1988

PART V - INVESTIGATIONS ETC.  

Division 5 - Miscellaneous  

SECTION 70   CERTAIN DOCUMENTS AND INFORMATION NOT REQUIRED TO BE DISCLOSED  

70(1)  
Where the Attorney-General furnishes to the Commissioner a certificate certifying that the giving to the Commissioner of information concerning a specified matter (including the giving of information in answer to a question), or the production to the Commissioner of a specified document or other record, would be contrary to the public interest because it would:


(a) prejudice the security, defence or international relations of Australia;


(b) involve the disclosure of communications between a Minister of the Commonwealth and a Minister of a State, being a disclosure that would prejudice relations between the Commonwealth Government and the Government of a State;


(c) involve the disclosure of deliberations or decisions of the Cabinet or of a Committee of the Cabinet;


(d) involve the disclosure of deliberations or advice of the Executive Council;


(e) prejudice the conduct of an investigation or inquiry into crime or criminal activity that is currently being pursued, or prejudice the fair trial of any person;


(f) disclose, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to the enforcement of the criminal law;


(g) prejudice the effectiveness of the operational methods or investigative practices or techniques of agencies responsible for the enforcement of the criminal law; or


(h) endanger the life or physical safety of any person;

the Commissioner is not entitled to require a person to give any information concerning the matter or to produce the document or other record.

70(2)  
Without limiting the operation of subsection (1), where the Attorney-General furnishes to the Commissioner a certificate certifying that the giving to the Commissioner of information as to the existence or non-existence of information concerning a specified matter (including the giving of information in answer to a question) or as to the existence or non-existence of any document or other record required to be produced to the Commissioner would be contrary to the public interest:


(a) by reason that it would prejudice the security, defence or international relations of Australia; or


(b) by reason that it would prejudice the proper performance of the functions of the ACC; or


(c) by reason that it would prejudice the proper performance of the functions of the Integrity Commissioner;

the Commissioner is not entitled, pursuant to this Act, to require a person to give any information as to the existence or non-existence of information concerning that matter or as to the existence of that document or other record.

70(4)  
(Repealed by No 59 of 2015, s 3 and Sch 1 item 175, effective 18 June 2015.)


 

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