Document ID: chunk:federal_register_of_legislation:C2025C00049:section:236
Version: federal_register_of_legislation:C2025C00049
Segment Type: section
Provision Reference: s 236
Character Range: 302513–305296

236  Attorney‑General's certificate in relation to international relations

Effect of international relations certificate
 (1) Despite any other provision of this Act, a person must not disclose information, or the contents of a document, under this Act if doing so would contravene an international relations certificate (see subsection (2)).

Issue of international relations certificate
 (2) The Attorney‑General may, in writing, issue a certificate (an international relations certificate) certifying that disclosure of any of the following to the Commissioner or Inspector (as specified in the certificate) would be contrary to the public interest on the ground set out in subsection (4):
 (a) information about a matter specified in the certificate;
 (b) the contents of a document specified in the certificate.
 (3) The Attorney‑General must be satisfied on reasonable grounds that the certificate is appropriate and necessary to protect the public interest.
 (4) The ground is that the disclosure would harm or prejudice Australia's international relations in relation to information that was communicated in confidence, under an international agreement:
 (a) by, or on behalf of, the government of a foreign country, an authority of the government of a foreign country or an international organisation; and
 (b) to the Government of the Commonwealth, to an authority of the Commonwealth, or to a person receiving the communication on behalf of the Commonwealth or an authority of the Commonwealth.
 (5) To avoid doubt, causing no more than embarrassment or prejudice to a person's reputation is not a ground covered by subsection (4).
 (6) Without limiting subsection (2), an international relations certificate may provide that the disclosure of information about the existence or non‑existence of:
 (a) information about a specified matter; or
 (b) a document or thing;
would be contrary to the public interest on the ground set out in subsection (4).

Copies of international relations certificate
 (7) The Attorney‑General must give a copy of the certificate to:
 (a) the Commissioner; and
 (b) the Inspector; and
 (c) the following:
 (i) if the information or the document referred to in subsection (2) is in the possession of a Commonwealth agency—the head of the agency;
 (ii) if the information or the document referred to in subsection (2) is in the possession of a person—the person.

Definitions
 (8) A disclosure contravenes an international relations certificate if the disclosure would be contrary to the public interest according to the terms of the certificate.

Certificate not a legislative instrument
 (9) A certificate made under subsection (2) is not a legislative instrument.

Subdivision B—Arrangements relating to intelligence agencies and the IGIS