Freedom of Information Act 1982

PART IV - EXEMPT DOCUMENTS

Division 2 - Exemptions

SECTION 33

33 Documents affecting national security, defence or international relations
A document is an exempt document if disclosure of the document under this Act:

(a) would, or could reasonably be expected to, cause damage to:

(i) the security of the Commonwealth;

(ii) the defence of the Commonwealth; or

(iii) the international relations of the Commonwealth; or

(b) would divulge any information or matter communicated in confidence by or on behalf of a foreign government, an authority of a foreign government or an international organization to the Government of the Commonwealth, to an authority of the Commonwealth or to a person receiving the communication on behalf of the Commonwealth or of an authority of the Commonwealth.

Note:

CCH Note:

No 99 of 2009, s 3 and Sch 1 item 34 contains the following application provision:

34 Application provision - items 4 to 32

(1)
The amendments apply for the purposes of determining whether access to a document of an agency or an official document of a Minister will be given in accordance with a request made under subsection 15(2) of the Freedom of Information Act 1982 and received by the agency or Minister on or after 7 October 2009.

(2)
A certificate issued in relation to a document under subsection 33(2) , 33(4) , 33A(2) , 33A(4) , 34(2) , 34(4) , 35(2) , 35(4) or 36(3) of the Freedom of Information Act 1982 (as in force immediately before 7 October 2009) is, by force of this subitem, revoked in relation to the document on and from the time at which the first request for access to the document under the Freedom of Information Act 1982 is made on or after 7 October 2009.

(3)
To avoid doubt:

(a) subitem (2) does not affect anything done in relation to, or in reliance on, a certificate mentioned in subitem (2) before 7 October 2009; and

(b) nothing prevents a person from making a request, on and after 7 October 2009, for access to a document of an agency or an official document of a Minister under the Freedom of Information Act 1982 if:

(i) before 7 October 2009, the person made a request for access to the same document; and

(ii) the request was refused in reliance on a certificate mentioned in subitem (2).

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