Document ID: chunk:federal_register_of_legislation:C2024C00855:section:33:p1
Version: federal_register_of_legislation:C2024C00855
Segment Type: section
Provision Reference: s 33 (pt 1/4)
Character Range: 64802–67624

33  Exempt records
 (1) For the purposes of this Act, a Commonwealth record is an exempt record if it contains information or matter of any of the following kinds:
 (a) information or matter the disclosure of which under this Act could reasonably be expected to cause damage to the security, defence or international relations of the Commonwealth;
 (b) information or matter:
 (i) that was communicated in confidence by, or on behalf of, a foreign government, an authority of a foreign government or an international organisation (the foreign entity) to the Government of the Commonwealth, to an authority of the Commonwealth or to a person who received the communication on behalf of the Commonwealth or an authority of the Commonwealth (the Commonwealth entity); and
 (ii) which the foreign entity advises the Commonwealth entity is still confidential; and
 (iii) the confidentiality of which it would be reasonable to maintain;
 (c) information or matter the disclosure of which under this Act would have a substantial adverse effect on the financial or property interests of the Commonwealth or of a Commonwealth institution and would not, on balance, be in the public interest;
 (d) information or matter the disclosure of which under this Act would constitute a breach of confidence;
 (e) information or matter the disclosure of which under this Act would, or could reasonably be expected to:
 (i) prejudice the conduct of an investigation of a breach, or possible breach, of the law, or a failure, or possible failure, to comply with a law relating to taxation or prejudice the enforcement or proper administration of the law in a particular instance;
 (ii) disclose, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to the enforcement or administration of the law; or
 (iii) endanger the life or physical safety of any person;
 (f) information or matter the disclosure of which under this Act would, or could reasonably be expected to:
 (i) prejudice the fair trial of a person or the impartial adjudication of a particular case;
 (ii) disclose lawful methods or procedures for preventing, detecting, investigating, or dealing with matters arising out of, breaches or evasions of the law the disclosure of which would, or would be reasonably likely to, prejudice the effectiveness of those methods or procedures; or
 (iii) prejudice the maintenance or enforcement of lawful methods for the protection of public safety;
 (g) information or matter the disclosure of which under this Act would involve the unreasonable disclosure of information relating to the personal affairs of any person (including a deceased person);
 (h) information or matter relating to trade secrets, or any other information or matter having a commercial value that would be, or