(1) Subject to subsection (3), and without limiting what is a reasonable excuse for the purposes of section 61X, it is a reasonable excuse for a person to refuse or fail to comply with a requirement set out in the notice if—
(a) the information or document—
(i) is an exempt document under section 28; or
(ii) is information that if included in a document would make that document an exempt document under section 28; or
(b) the information or document—
(i) is an exempt document under section 32; or
(ii) is information that if included in a document would make that document an exempt document under section 32.
(2) The Secretary to the Department of Premier and Cabinet may certify that information or a document described in subsection (1)(a)—
(a) in the case of information, is information which, if included in a document, would make the document an exempt document of a kind referred to in section 28(1);
(b) in the case of a document, is or, if it existed, would be an exempt document of a kind referred to in section 28(1).
(3) If a notice to produce or attend is served on a person during a review of a decision that relates to a document claimed to be exempt under section 28 or 32, it is not a reasonable excuse for a person to refuse or fail to comply with the notice for the reason that the information or document—
(a) is an exempt document under section 28 or 32; or
(b) is information that if included in a document would make that document an exempt document under section 28 or 32.
S. 61ZB inserted by No. 20/2017 s. 66.