Commonwealth Consolidated Acts

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FREEDOM OF INFORMATION ACT 1982 - SECT 55ZB

Evidence by Inspector-General of Intelligence and Security--request to give evidence

             (1)  Before determining that a document is not an exempt document under section 33, the Information Commissioner must request the Inspector-General of Intelligence and Security to appear personally and give evidence on:

                     (a)  the damage that would, or could reasonably be expected to, be caused to:

                              (i)  the security of the Commonwealth; or

                             (ii)  the defence of the Commonwealth; or

                            (iii)  the international relations of the Commonwealth;

                            if access to the document were given in accordance with the request; or

                     (b)  whether giving access to the document in accordance with the request 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 organisation 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.

             (2)  Before determining that an agency or Minister must grant access to a copy of the document with deletions, the Information Commissioner must request the Inspector-General to appear personally and give evidence on:

                     (a)  the damage that would, or could reasonably be expected to, be caused to:

                              (i)  the security of the Commonwealth; or

                             (ii)  the defence of the Commonwealth; or

                            (iii)  the international relations of the Commonwealth;

                            if the proposed deletions were not made; or

                     (b)  whether giving access to the document without the proposed deletions 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 organisation 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.

             (3)  Before hearing the evidence of the Inspector-General, the Information Commissioner must hear any evidence to be given or submissions to be made by, or on behalf of, the agency to which, or the Minister to whom, the request was made for access to the document.

             (4)  The Information Commissioner is not bound by any opinion of the Inspector-General expressed while giving evidence under this Division.



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