Disclosure of information or contents of documents
24 Disclosure of information or contents of documents
Where the Attorney‑General furnishes to the Commission a certificate certifying that the giving to the Commission, or to a person acting for or on behalf of the Commission, of information concerning a specified matter (including the giving of information in answer to a question) or the production to the Commission, or to a person acting for or on behalf of the Commission, of a specified document would be contrary to the public interest:
by reason that it would prejudice the security, defence or international relations of Australia; or
by reason that it would 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; or
by reason that it would involve the disclosure of deliberations or decisions of the Cabinet or of a Committee of the Cabinet; or
by reason that it would involve the disclosure of deliberations or advice of the Executive Council; or
by reason that it would prejudice the conduct of an investigation or inquiry into crime or criminal activity that is currently being pursued or would prejudice the fair trial of any person; or
by reason that it would 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
by reason that it would prejudice the effectiveness of the operational methods or investigative practices or techniques of agencies responsible for the enforcement of the criminal law; or
by reason that it would endanger the life or physical safety of any person;
neither the Commission nor any other person is entitled to require a person to give any information concerning the matter or to produce the document.
In relation to the performance of functions by the Aboriginal and Torres Strait Islander Social Justice Commissioner under Part IIA, subsection (1) (other than paragraphs (1)(a) and (b)) has effect in relation to a certificate given by the Attorney‑General of a State or Territory in the same way as it has effect in relation to a certificate given by the Attorney‑General of the Commonwealth. For the purposes of this additional effect, references to the Cabinet, a Committee of the Cabinet or the Executive Council are to be treated as references to the corresponding body or committee of the State or Territory concerned.
Without limiting the operation of subsection (1), where the Attorney‑General furnishes to the Commission a certificate certifying that the giving to the Commission, or to a person acting for or on behalf of the Commission, 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 one or more documents required to be produced to the Commission, or to a person acting for or on behalf of the Commission, would be contrary to the public interest:
by reason that it would prejudice the security, defence or international relations of Australia; or
by reason that it would prejudice the proper performance of the functions of the Australian Crime Commission;
neither the Commission nor a person acting for or on behalf of the Commission is 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 or non‑existence of that document or those documents.
Notwithstanding the provisions of any law, a person is not excused:
from giving any information, or producing a document, when required to do so pursuant to this Act; or
from answering a question that the person is required to answer by a member before whom the person is attending in compliance with a notice served on the person under subsection 21(5);
on the ground that the giving of the information, the production of the document or the answering of the question:
would disclose legal advice furnished to a Minister, to a person or body that acts on behalf of the Commonwealth, or to an authority of the Commonwealth;
would contravene the provisions of any other Act or would be contrary to the public interest; or
might make the person liable to a penalty.
A person is not liable to any penalty under the provisions of any other law by reason of:
giving information or producing a document when required to do so pursuant to this Act; or
answering a question that the person is required to answer by a member before whom the person is attending in compliance with a notice served on the person under subsection 21(5).
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