Document ID: chunk:federal_register_of_legislation:C2024C00820:section:106
Version: federal_register_of_legislation:C2024C00820
Segment Type: section
Provision Reference: s 106
Character Range: 162084–164192

106  Limits on power to require information and documents

Excluded entities
 (1) A notice under subsection 104(1) must not require a person to give information or a document that is held by, or that originated with or was received from, an excluded entity.

Public interest certificate
 (2) A notice under subsection 104(1) must not require a person to give information relating to a matter, or to give a document, specified in a certificate given to the Commissioner under subsection (3) of this section.
 (3) The Attorney‑General may give the Commissioner a certificate stating that, in the opinion of the Attorney‑General, giving information in relation to a specified matter, or giving a specified document, would be contrary to the public interest because it would do any of the following:
 (a) prejudice the security, defence or international relations of Australia;
 (b) involve the disclosure of communications between a Minister of the Commonwealth and a Minister of a State or Territory, being a disclosure that would prejudice relations between the Commonwealth government and the government of a State or Territory;
 (c) involve the disclosure of deliberations or decisions of the Cabinet or of a Committee of the Cabinet;
 (d) involve the disclosure of deliberations or advice of the Executive Council;
 (e) prejudice the conduct of an investigation or inquiry into crime or criminal activity that is currently being pursued, or prejudice the fair trial of any person;
 (f) 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;
 (g) prejudice the effectiveness of the operational methods or investigative practices or techniques of agencies responsible for the enforcement of the criminal law;
 (h) endanger the life or physical safety of any person.

Parliamentary privilege
 (4) Nothing in section 104 affects the privileges and immunities of a House of the Parliament, a member of a House of the Parliament or a committee within the meaning of the Parliamentary Privileges Act 1987.