Document ID: chunk:federal_register_of_legislation:C2021A00078:clause:1_132:p1
Version: federal_register_of_legislation:C2021A00078
Segment Type: clause
Provision Reference: sch 1 cl 132 (pt 1/3)
Character Range: 261025–264053

132  Deferral of inclusion of information in Ministerial report

Scope
 (1) This clause applies to information:
 (a) included in a report given to the Minister:
 (i) under clause 128 by the chief officer of a relevant agency; or
 (ii) under clause 130 by the Australian Designated Authority; and
 (b) that the Minister would, apart from this clause, be required to include in the next Ministerial report.

Exclusion of information—relevant agency
 (2) If:
 (a) subparagraph (1)(a)(i) applies; and
 (b) the chief officer of the relevant agency is satisfied that the information is control order information;
the chief officer must advise the Minister in writing not to include the information in the next Ministerial report.
 (3) If the Minister is satisfied, on the advice of the chief officer, that the information is control order information, the Minister must:
 (a) notify the chief officer in writing; and
 (b) not include the information in any Ministerial report until the Minister decides otherwise under subclause (5).

Inclusion of information in subsequent report—relevant agency
 (4) If the information has not been included in a Ministerial report because of subclause (3), the chief officer must, before the Minister prepares the next Ministerial report:
 (a) reconsider whether the information is control order information; and
 (b) if the chief officer is satisfied that the information is not control order information—advise the Minister in writing to include the information in the next Ministerial report.
 (5) If the Minister is satisfied, on the advice of the chief officer, that the information is not control order information, the Minister must:
 (a) notify the chief officer in writing; and
 (b) include the information in the next Ministerial report.

Exclusion of information—Australian Designated Authority
 (6) If:
 (a) subparagraph (1)(a)(ii) applies; and
 (b) the Australian Designated Authority is satisfied that the information is control order information;
the Australian Designated Authority must advise the Minister in writing not to include the information in the next Ministerial report.
 (7) If the Minister is satisfied, on the advice of the Australian Designated Authority, that the information is control order information, the Minister must:
 (a) notify the Australian Designated Authority in writing; and
 (b) not include the information in any Ministerial report until the Minister decides otherwise under subclause (9).

Inclusion of information in subsequent report—Australian Designated Authority
 (8) If the information has not been included in a Ministerial report because of subclause (7), the Australian Designated Authority must, before the Minister prepares the next Ministerial report:
 (a) reconsider whether the information is control order information; and
 (b) if the Australian Designated Authority is satisfied that the information is not control order information—advise the Minister in writing to include the information in the next Ministerial report.
 (9) If the