Document ID: chunk:federal_register_of_legislation:C2012C00866:clause:3_34
Version: federal_register_of_legislation:C2012C00866
Segment Type: clause
Provision Reference: sch 3 cl 34
Character Range: 54447–56122

34  Cabinet documents

General rules
 (1) A document is an exempt document if:
 (a) both of the following are satisfied:
 (i) it has been submitted to the Cabinet for its consideration, or is or was proposed by a Minister to be so submitted;
 (ii) it was brought into existence for the dominant purpose of submission for consideration by the Cabinet; or
 (b) it is an official record of the Cabinet; or
 (c) it was brought into existence for the dominant purpose of briefing a Minister on a document to which paragraph (a) applies; or
 (d) it is a draft of a document to which paragraph (a), (b) or (c) applies.
 (2) A document is an exempt document to the extent that it is a copy or part of, or contains an extract from, a document to which subsection (1) applies.
 (3) A document is an exempt document to the extent that it contains information the disclosure of which would reveal a Cabinet deliberation or decision, unless the existence of the deliberation or decision has been officially disclosed.

Exceptions
 (4) A document is not an exempt document only because it is attached to a document to which subsection (1), (2) or (3) applies.
Note: However, the attachment itself may be an exempt document.
 (5) A document by which a decision of the Cabinet is officially published is not an exempt document.
 (6) Information in a document to which subsection (1), (2) or (3) applies is not exempt matter because of this section if the information consists of purely factual material, unless:
 (a) the disclosure of the information would reveal a Cabinet deliberation or decision; and
 (b) the existence of the deliberation or decision has not been officially disclosed.