Document ID: chunk:federal_register_of_legislation:C2025C00095:section:9:p2
Version: federal_register_of_legislation:C2025C00095
Segment Type: section
Provision Reference: s 9 (pt 2/3)
Character Range: 113167–115856

the documents or other records as that person would be so entitled to inspect.
 (2) Where the Ombudsman has reason to believe that a person is able to give information relevant to an investigation under this Act, the Ombudsman may, by notice in writing served on the person, require the person to attend before a person specified in the notice, on such date and at such time and place as are specified in the notice, to answer questions relevant to the investigation.
 (3) Where the Attorney‑General furnishes to the Ombudsman a certificate certifying that the disclosure to the Ombudsman of information concerning a specified matter (including the furnishing of information in answer to a question) or the disclosure to the Ombudsman of the contents of any documents or records would be contrary to the public interest:
 (a) by reason that it would prejudice the security, defence or international relations of the Commonwealth; or
 (b) by reason that it would involve the disclosure of communications between a Minister and a Minister of a State, being a disclosure that would prejudice relations between the Commonwealth Government and the Government of a State; or
 (c) by reason that it would involve the disclosure of deliberations or decisions of the Cabinet or of a Committee of the Cabinet; or
 (d) by reason that it would involve the disclosure of deliberations or advice of the Executive Council; or
 (e) if the information, documents or records are, or were, in the possession or under the control of the ACC or the Board of the ACC—by reason that it would:
 (i) endanger the life of a person; or
 (ii) create a risk of serious injury to a person; or
 (f) if the information, documents or records are, or were, in the possession or under the control of the National Anti‑Corruption Commissioner—by reason that it would:
 (i) endanger the life of a person; or
 (ii) create a risk of serious injury to a person;
the Ombudsman is not entitled to require a person to furnish any information concerning the matter, to answer questions concerning the matter or to produce those documents or records to the Ombudsman.
 (4) Notwithstanding the provisions of any enactment, a person is not excused from furnishing any information, producing a document or other record or answering a question when required to do so under this Act on the ground that the furnishing of the information, the production of the document or record or the answer to the question:
 (a) would contravene the provisions of any other enactment (whether enacted before or after the commencement of the Prime Minister and Cabinet Legislation Amendment Act 1991); or
 (aa) might tend to incriminate the person or make