Document ID: chunk:federal_register_of_legislation:C2024C00797:clause:1_4:p1
Version: federal_register_of_legislation:C2024C00797
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 1/2)
Character Range: 164872–167543

4  Certificates by Minister
 (1) If:
 (a) a person is about to give or is giving evidence to the Committee or is about to produce a document to the Committee (whether or not required to do so under clause 2 or 3); and
 (b) a Minister responsible for an agency is of the opinion that, to prevent the disclosure of operationally sensitive information:
 (i) the person (not being an agency head) should not give evidence before the Committee; or
 (ii) the person should not give evidence before the Committee relating to a particular matter; or
 (iii) in a case where a person has commenced to give evidence before the Committee:
 (A) the person should not continue to give evidence before the Committee; or
 (B) the person should not give, or continue to give, evidence relating to a particular matter before the Committee; or
 (iv) the person should not produce documents to the Committee; or
 (v) the person should not produce documents of a particular kind to the Committee;
the Minister may give to the presiding member of the Committee a certificate in relation to the matter stating the Minister's opinion.
 (2) The Minister's certificate must also specify:
 (a) in a case to which subparagraph (1)(b)(ii) or (v) applies—the matter in relation to which the Minister is satisfied that the person should not give, or continue to give, evidence, or specifying the kind of documents that the Minister is satisfied the person should not produce, as the case requires; and
 (b) in a case to which sub‑subparagraph (1)(b)(iii)(B) applies—the matter in relation to which the Minister is satisfied that the person should not give, or continue to give, evidence.
 (3) The Minister must give a copy of a certificate under subclause (1) to the President of the Senate, to the Speaker of the House of Representatives and to the person required to give evidence or produce documents.
 (4) A decision of the Minister under subclause (1) must not be questioned in any court or tribunal.
 (5) Where the Minister gives a certificate under subclause (1) in relation to a person:
 (a) if the certificate states that the person should not give, or continue to give, evidence before the Committee—the Committee must not receive, or continue to receive, as the case may be, evidence from the person; or
 (b) if the certificate states that the person should not give, or continue to give, evidence before the Committee relating to a particular matter—the Committee must not receive, or continue to receive, as the case may be, evidence from the person relating to that matter; or
 (c) if the certificate states that the person should not produce documents, or documents of a particular kind,