Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 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.

             (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.

             (4)  If the Norfolk Island Justice Minister gives to the Commissioner a certificate certifying that:

                     (a)  the giving to the Commissioner of information concerning a specified matter (including the giving of information in answer to a question); or

                     (b)  the production to the Commissioner of a specified document or other record;

would be contrary to the public interest because it would:

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

                     (d)  involve the disclosure of deliberations or decisions of the Cabinet of Norfolk Island; or

                     (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; or

                      (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; or

                     (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.