30ACertain sensitive information not to be disclosed

30A Certain sensitive information not to be disclosed

[Section 30A Inserted by No. 13 of 2010, s. 5, Applied:07 Sep 2010]

(1)  If the Auditor-General considers it to be against the public interest to disclose in a report under this Division information that could –

(a) unfairly prejudice the commercial interests of any person or body; or

(b) prejudice the investigation of a contravention or possible contravention of the law; or

(c) prejudice the fair trial of a person; or

(d) cause damage to the relations between the Government of the State and another Government; or

(e) disclose deliberations or decisions of the Cabinet or of a Committee of the Cabinet; or

(f) divulge information or a matter that was communicated in confidence between the State and the Commonwealth or between the State and another State or a Territory; or

(g) form the basis for a claim by the Crown in right of the State of Tasmania in a judicial proceeding that the information should not be disclosed –

the Auditor-General must not disclose the information in the report.

(2)  The Auditor-General cannot be required to, and, except as provided in subsection (5) , must not, disclose to –

(a) a House of Parliament; or

(b) a member of a House of Parliament; or

(c) a committee of a House of Parliament or a joint committee of both Houses of Parliament –

information that the Auditor-General is prohibited under subsection (1) from disclosing in a report under this Division.

(3)  If under subsection (1) the Auditor-General does not disclose particular information in a report, the Auditor-General must state in the report –

(a) that information, which does not have to be identified, has not been disclosed in the report; and

(b) the reason, under , why the Auditor-General is of the opinion that the information cannot be disclosed.