(2B) A Minister is exempt from the operation of this Act in relation to the following documents:
(a) an intelligence agency document;
(b) a document that contains a summary of, or an extract or information from, an intelligence agency document, to the extent that it contains such a summary, extract or information.
(2C) An agency is exempt from the operation of this Act in relation to the following documents:
(a) a document (a defence intelligence document) that has originated with, or has been received from, the Department of Defence and that is in respect of:
(i) the collection, reporting or analysis of operational intelligence; or
(ii) special access programs, under which a foreign government provides restricted access to technologies;
(b) a document that contains a summary of, or an extract or information from, a defence intelligence document, to the extent that it contains such a summary, extract or information.
(2D) A Minister is exempt from the operation of this Act in relation to the following documents:
(a) a defence intelligence document;
(b) a document that contains a summary of, or an extract or information from, a defence intelligence document, to the extent that it contains such a summary, extract or information.
(2DA) A Minister and an agency are exempt from the operation of this Act in relation to the following documents (regardless of when the documents were brought into existence):
(a) a document given to, or received by, the Independent Review, or a person performing functions in relation to the Review, for the purposes of the Review;
(b) a document brought into existence by the Independent Review or a person performing functions in relation to the Review.
(2DB) A Minister and an agency other than the Australian Human Rights Commission are not exempt under paragraph (2DA)(a) from the operation of this Act in relation to documents created for purposes other than the Independent Review to which a right of access otherwise exists or existed under the Act.
(2DC) A Minister and an agency are exempt from the operation of this Act in relation to the following documents (regardless of when the documents were brought into existence):
(a) a document given to, or received by, a body listed in subsection (2AAA) in connection with the performance of the body’s functions;
(b) a document brought into existence by a body listed in subsection (2AAA).
(2DD) A Minister and an agency are not exempt under paragraph (2DC)(a) from the operation of this Act in relation to documents created other than in connection with the performance of the functions of a body listed in subsection (2AAA) to which a right of access otherwise exists or existed under this Act.
(2E) A Minister and an agency are exempt from the operation of this Act in relation to the following documents:
(a) a document that has originated with, or has been received from, a Royal Commission to which Part 4 of the Royal Commissions Act 1902 applies and:
(i) that contains information obtained at a private session for the Commission; or
(ii) that relates to a private session for the Commission and identifies a natural person who appeared at a private session for the Commission; or
(iii) that contains information that was given by a natural person to a member, or member of the staff, of the Commission for the purposes of a private session (whether or not a private session was, or is to be, held for the Commission) and identifies the person who gave the information; or
(iv) that contains information to which section 6ON of that Act (which deals with certain information given to the Child Sexual Abuse Royal Commission) applies; or
(v) that contains information to which section 6OP of that Act (which deals with certain information given to the Disability Royal Commission) applies; or
(vi) that contains information to which section 6OQ of that Act (which deals with certain information given to the Defence and Veteran Suicide Royal Commission) applies;
(b) a document that contains a summary of, or an extract or information from, a private session.
(2F) An agency that is a data scheme entity within the meaning of the Data Availability and Transparency Act 2022 is exempt from the operation of this Act in relation to a document that contains scheme data within the meaning of that Act, to the extent the document contains such data.
(2G) A Minister and an agency are exempt from the operation of this Act in relation to the following documents:
(a) a document (an AUSTRAC intelligence document) that has originated with, or has been received from, the Australian Transaction Reports and Analysis Centre (AUSTRAC) and that concerns information that was communicated to AUSTRAC:
(i) under section 16 of the repealed Financial Transaction Reports Act 1988; or
(ii) under section 41 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; or
(iii) in response to a notice given under section 49, 49B or 49C of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006;
(b) a document that contains a summary of, or an extract or information from, an AUSTRAC intelligence document, to the extent that it contains such a summary, extract or information.
(2H) A Minister and an agency are exempt from the operation of this Act in relation to a document given to, or received by, the National Cyber Security Coordinator, for the purposes of the performance of a function, or the exercise of a power, under Part 4 of the Cyber Security Act 2024.
(3) In subsection (2AA) and Part II of Schedule 2, commercial activities (except when used in relation to NBN Co) means:
(a) activities carried on by an agency on a commercial basis in competition with persons other than governments or authorities of governments; or
(b) activities, carried on by an agency, that may reasonably be expected in the foreseeable future to be carried on by the agency on a commercial basis in competition with persons other than governments or authorities of governments.
(3A) In Part II of Schedule 2, commercial activities, when used in relation to NBN Co, means:
(a) activities carried on by NBN Co on a commercial basis; or
(b) activities, carried on by NBN Co, that may reasonably be expected in the foreseeable future to be carried on by NBN Co on a commercial basis.
(4) In subsection (2AA) and Part II of Schedule 2, a reference to documents in respect of particular activities shall be read as a reference to documents received or brought into existence in the course of, or for the purposes of, the carrying on of those activities.
(5) An expression used in subsection (2E) that is also used in Part 4 of the Royal Commissions Act 1902 has the same meaning as in that Part.