Document ID: chunk:federal_register_of_legislation:F2024C00829:reg:101:p1
Version: federal_register_of_legislation:F2024C00829
Segment Type: reg
Provision Reference: reg 101 (pt 1/2)
Character Range: 173963–176858

101  Information that would be prejudicial to the public interest
 (1) The Agriculture Minister may, on request by the Director of Biosecurity, direct that information relating to a specified matter connected with a review conducted by the Inspector‑General should not be made publicly available on the grounds that doing so would:
 (a) prejudice the security, defence or international relations of the Commonwealth; or
 (b) prejudice negotiations relating to a treaty or other international agreement; or
 (c) be contrary to a treaty or other international agreement to which Australia is a party; or
 (d) prejudice relations between the Commonwealth and a State or Territory; or
 (e) involve the disclosure of deliberations or decisions of the Cabinet or of a Committee of the Cabinet; or
 (f) involve the disclosure of deliberations or advice of the Executive Council; or
 (g) prejudice the prevention, investigation or prosecution of an offence against any law; or
 (h) prejudice the prevention or investigation of, or the conduct of proceedings for recovery of civil penalties for, a contravention of any law; or
 (i) be contrary to an order of a court or tribunal; or
 (j) be contrary to the public interest for any other reason that could form the basis for a claim in a judicial proceeding that information relating to the matter should not be disclosed or documents relating to the matter should not be produced; or
 (k) endanger the safety of any person; or
 (l) prejudice the revenue of the Commonwealth.
 (2) If the Director of Biosecurity makes a request under subsection (1), the Director of Biosecurity must notify the Inspector‑General, in writing, that the request has been made.
 (3) If the Agriculture Minister receives a request under subsection (1) in relation to information relating to a specified matter, the Agriculture Minister must:
 (a) decide whether or not to give a direction in relation to the information; and
 (b) notify the Director of Biosecurity and the Inspector‑General, in writing, of the decision; and
 (c) if the Agriculture Minister decides that making the information publicly available would be prejudicial to the public interest on a ground referred to in any of paragraphs (1)(a) to (l)—give the Director of Biosecurity and the Inspector‑General, in writing, a direction to that effect and the reasons for the direction.
 (4) The Inspector‑General must not make information relating to the specified matter publicly available, or publish a review report including information relating to the specified matter, unless the Inspector‑General has been notified of the Agriculture Minister's decision under paragraph (3)(b).
 (5) If the Agriculture Minister gives the Inspector‑General a direction under paragraph (3)(c) in relation to information relating to a specified matter, the Inspector‑General must not make the information publicly available or