Document ID: chunk:federal_register_of_legislation:C2024C00855:section:33:p2
Version: federal_register_of_legislation:C2024C00855
Segment Type: section
Provision Reference: s 33 (pt 2/4)
Character Range: 67363–70210

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 could reasonably be expected to be, destroyed or diminished if the information or matter were disclosed;
 (j) information or matter (other than information or matter referred to in paragraph (h)) concerning a person in respect of his or her business or professional affairs or concerning the business, commercial or financial affairs of an organization or undertaking, being information or matter the disclosure of which would, or could reasonably be expected to, unreasonably affect that person adversely in respect of his or her lawful business or professional affairs or that organization or undertaking in respect of its lawful business, commercial or financial affairs.
 (1A) For the purposes of subparagraph (1)(e)(ii), a confidential source of information in relation to the enforcement or administration of the law includes:
 (a) a person who is providing, or has provided, confidential information to the Australian Crime Commission in relation to such a matter; or
 (b) a person who is providing, or has provided, confidential information to the Australian Federal Police in relation to such a matter; or
 (ba) a person who is providing, or has provided, confidential information to the Inspector of the National Anti‑Corruption Commission, or the National Anti‑Corruption Commissioner or another staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022), in relation to such a matter; or
 (c) a person who is, or has been, a witness within the meaning of the Witness Protection Act 1994 under the National Witness Protection Program.
 (2) For the purposes of this Act, a Commonwealth record is an exempt record if it is of such a nature that:
 (a) it would be privileged from production in legal proceedings on the ground of legal professional privilege; and
 (b) disclosure of the record would be contrary to the public interest.
 (3) For the purposes of this Act, a Commonwealth record is an exempt record if:
 (a) it contains information or matter:
 (i) that relates to the personal affairs, or the business or professional affairs, of any person (including a deceased person); or
 (ii) that relates to the business, commercial or financial affairs of an organization or undertaking; and
 (b) there is in force a law relating to taxation that applies specifically to information or matter of that kind and prohibits persons referred to in that law from disclosing information or matter of that kind, whether the prohibition is absolute or is subject to exceptions or qualifications.
 (4) In paragraphs (1)(e) and (f) and subsection