Section 34 — Privacy Act 1988: Provisions relating to documents exempt under the Freedom of Information Act 1982

(1) The Commissioner shall not, in connection with the performance of the Commissioner’s functions, give to a person information as to the existence or non-existence of a document where information as to the existence or non-existence of that document would, if included in a document of an agency, cause the last-mentioned document to be: (a) an exempt document by virtue of section 33 or subsection 37(1) or 45A(1) of the Freedom of Information Act 1982; or (b) an exempt document to the extent referred to in subsection 45A(2) or (3) of that Act. (2) The Commissioner shall not, in connection with the performance of the Commissioner’s functions, give to a person information: (a) about the contents of a document of an agency, or the contents of an official document of a Minister, being a document that is an exempt document; or (b) about exempt matter contained in a document of an agency or in an official document of a Minister. (3) An expression used in this section and in the Freedom of Information Act 1982 has the same meaning in this section as in that Act.