Section 70 — Privacy Act 1988: Certain documents and information not required to be disclosed

(1) Where the Attorney-General furnishes to the Commissioner a certificate certifying that the giving to the Commissioner of information concerning a specified matter (including the giving of information in answer to a question), or the production to the Commissioner of a specified document or other record, would be contrary to the public interest because it would: (a) prejudice the security, defence or international relations of Australia; (b) involve the disclosure of communications between a Minister of the Commonwealth and a Minister of a State, being a disclosure that would prejudice relations between the Commonwealth Government and the Government of a State; (c) involve the disclosure of deliberations or decisions of the Cabinet or of a Committee of the Cabinet; (d) involve the disclosure of deliberations or advice of the Executive Council; (e) prejudice the conduct of an investigation or inquiry into crime or criminal activity that is currently being pursued, or prejudice the fair trial of any person; (f) disclose, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to the enforcement of the criminal law; (g) prejudice the effectiveness of the operational methods or investigative practices or techniques of agencies responsible for the enforcement of the criminal law; or (h) endanger the life or physical safety of any person; the Commissioner must not exercise a power under this Act that requires a person to give any information concerning the matter or to produce the document or other record. (2) Without limiting the operation of subsection (1), where the Attorney-General furnishes to the Commissioner a certificate certifying that the giving to the Commissioner of information as to the existence or non-existence of information concerning a specified matter (including the giving of information in answer to a question) or as to the existence or non-existence of any document or other record required to be produced to the Commissioner would be contrary to the public interest: (a) by reason that it would prejudice the security, defence or international relations of Australia; or (b) by reason that it would prejudice the proper performance of the functions of the ACC; or (c) by reason that it would prejudice the proper performance of the functions of the National Anti-Corruption Commissioner or the Inspector of the National Anti-Corruption Commission; the Commissioner is not entitled, pursuant to this Act, to require a person to give any information as to the existence or non-existence of information concerning that matter or as to the existence of that document or other record.