Document ID: chunk:federal_register_of_legislation:C2025C00049:section:235:p2
Version: federal_register_of_legislation:C2025C00049
Segment Type: section
Provision Reference: s 235 (pt 2/2)
Character Range: 300091–302511

enforcement agency, intelligence agency or the Australian Defence Force, or about proceedings relating to those operations; or
 (iii) provided by, or on behalf of, the government of a foreign country, an authority of the government of a foreign country or an international organisation, where that government or organisation does not consent to the public disclosure of the information; or
 (h) prejudice the proper performance of the functions of the IGIS; or
 (i) endanger a person's life or physical safety; or
 (j) prejudice the protection of public safety; or
 (k) prejudice the fair trial of any person or the impartial adjudication of a matter; or
 (l) prejudice the proper enforcement of the law (including through corruption investigations, NACC corruption investigations or NACC complaint investigations).
 (4) To avoid doubt, causing no more than embarrassment or prejudice to a person's reputation is not a ground covered by subsection (3).
 (5) The certificate must specify the kind of disclosure that would be contrary to the public interest.
 (6) Without limiting subsection (5), the kind of disclosure that may be specified in the certificate includes:
 (a) disclosure generally; or
 (b) disclosure to a specified person or group of persons; or
 (c) disclosure otherwise than to a specified person or group of persons.
 (7) Without limiting subsection (1), a certificate under that subsection 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 because it would:
 (c) prejudice the security, defence or international relations of Australia; or
 (d) prejudice the proper performance of the functions of the IGIS.
 (8) 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 (1) is in the possession of a Commonwealth agency—the head of the agency;
 (ii) if the information or the document referred to in subsection (1) is in the possession of a person—the person.
 (9) A disclosure contravenes a certificate issued under this section if the disclosure would be contrary to the public interest according to the terms of the certificate.
 (10) A certificate made under subsection (1) is not a legislative instrument.