Freedom of Information Act 1982

Div 2 inserted by No 51 of 2010, s 3 and Sch 3 item 24, applicable in relation to requests for access made under section   15 of the Freedom of Information Act 1982 that are received at or after 1 November 2010.

S 35 repealed by No 51 of 2010, s 3 and Sch 3 item 26, applicable in relation to requests for access made under section   15 of the Freedom of Information Act 1982 that are received at or after 1 November 2010. S 35 formerly read:

SECTION 35 Executive Council documents  
35(1)
A document is an exempt document if it is:

(a) a document that has been submitted to the Executive Council for its consideration or is proposed by a Minister to be so submitted, being a document that was brought into existence for the purpose of submission for consideration by the Executive Council;

(b) an official record of the Executive Council;

(c) a document that is a copy of, or of a part of, or contains an extract from, a document referred to in paragraph (a) or (b); or

(d) a document the disclosure of which would involve the disclosure of any deliberation or advice of the Executive Council, other than a document by which an act of the Governor-General, acting with the advice of the Executive Council, was officially published.

35(1A)
This section does not apply to a document (in this subsection referred to as a relevant document ) that is referred to in paragraph (1)(a), or that is referred to in paragraph (1)(b) or (c) and is a copy of, or of part of, or contains an extract from, a document that is referred to in paragraph (1)(a), to the extent that the relevant document contains purely factual material unless:

(a) the disclosure under this Act of that document would involve the disclosure of any deliberation or advice of the Executive Council; and

(b) the fact of that deliberation or advice has not been officially published.

35(2)
(Repealed by No 99 of 2009)

 View history note

 Hide history note

History

S 35(2) repealed by No 99 of 2009, s 3 and Sch 1 item 9, effective 7 October 2009. For application provision, see note under s 33 . S 35(2) formerly read:

35(2)
For the purposes of this Act, a certificate signed by a person who is, or is performing the duties of, the Secretary to the Executive Council, certifying that a document:

(a) is one of a kind referred to in a paragraph of subsection (1); and

(b) is not a document containing purely factual material that is excluded from the application of this section under subsection (1A);

establishes conclusively, subject to the operation of Part VI , that it:

(c) is an exempt document of that kind; and

(d) is not a document containing such material.

35(3)
(Repealed by No 99 of 2009)

 View history note

 Hide history note

History

S 35(3) repealed by No 99 of 2009, s 3 and Sch 1 item 9, effective 7 October 2009. For application provision, see note under s 33 . S 35(3) formerly read:

35(3)
Where a document is a document referred to in paragraph (1)(c) or (d) by reason only of matter contained in a particular part or particular parts of the document, a certificate under subsection (2) in respect of the document shall identify that part or those parts of the document as containing the matter by reason of which the certificate is given.

35(4)
(Repealed by No 99 of 2009)

 View history note

 Hide history note

History

S 35(4) repealed by No 99 of 2009, s 3 and Sch 1 item 9, effective 7 October 2009. For application provision, see note under s 33 . S 35(4) formerly read:

35(4)
For the purposes of this Act, a certificate signed by a person who is, or is performing the duties of, the Secretary to the Executive Council, certifying that a document as described in a request would, if it existed:

(a) be one of a kind referred to in a paragraph of subsection (1); and

(b) not be a document containing purely factual material that is excluded from the application of this section under subsection (1A);

establishes conclusively, subject to the operation of Part VI , that, if such a document exists, it:

(c) is an exempt document of that kind; and

(d) is not a document containing such material.

35(5)
(Repealed by No 99 of 2009)

 View history note

 Hide history note

History

S 35(5) repealed by No 99 of 2009, s 3 and Sch 1 item 9, effective 7 October 2009. For application provision, see note under s 33 . S 35(5) formerly read:

35(5)
Where a certificate in accordance with subsection (4) has been signed in respect of a document as described in a request, the decision on the request may be a decision that access to a document as described in the request is refused on the ground that, if such a document existed, it would be an exempt document referred to in the paragraph of subsection (1) that is specified in the certificate.