47JPublic interest conditional exemptions—the economy

47J Public interest conditional exemptions—the economy

(1) A document is conditionally exempt if its disclosure under this Act would, or could be reasonably expected to, have a substantial adverse effect on Australia’s economy by: (a) influencing a decision or action of a person or entity; or (b) giving a person (or class of persons) an undue benefit or detriment, in relation to business carried on by the person (or class), by providing premature knowledge of proposed or possible action or inaction of a person or entity.

Note: A person includes a body corporate and a body politic (see section 22 of the Acts Interpretation Act 1901). Examples of a body politic include the government of the Commonwealth, a State, a Territory or a foreign country.

(2) For the purposes of subsection (1), a substantial adverse effect on Australia’s economy includes a substantial adverse effect on: (a) a particular sector of the economy; or (b) the economy of a particular region of Australia. (3) The documents to which subsection (1) applies include, but are not limited to, documents containing matter relating to any of the following: (a) currency or exchange rates; (b) interest rates; (c) taxes, including duties of customs or of excise; (d) the regulation or supervision of banking, insurance and other financial institutions; (e) proposals for expenditure; (f) foreign investment in Australia; (g) borrowings by the Commonwealth, a State or an authority of the Commonwealth or of a State.

Note: Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see section 11A).

34 Schedule 4

Omit “Section 43A”, substitute “Section 47H”.

Part 3—Other exemption amendments

Archives Act 1983

35 Paragraph 33(1)(b)

Repeal the paragraph, substitute:

(b) information or matter:
(i) that was communicated in confidence by, or on behalf of, a foreign government, an authority of a foreign government or an international organisation (the foreign entity) to the Government of the Commonwealth, to an authority of the Commonwealth or to a person who received the communication on behalf of the Commonwealth or an authority of the Commonwealth (the Commonwealth entity); and
(ii) which the foreign entity advises the Commonwealth entity is still confidential; and
(iii) the confidentiality of which it would be reasonable to maintain;

36 Paragraph 50A(2)(b)

Repeal the paragraph, substitute:

(b) whether it would be reasonable to maintain the confidentiality of information or matter to which both of the following apply by not making the record available for public access:
(i) the information or matter was communicated in confidence by, or on behalf of, a foreign government, an authority of a foreign government or an international organisation (the foreign entity) to the Government of the Commonwealth, to an authority of the Commonwealth or to a person who received the communication on behalf of the Commonwealth or an authority of the Commonwealth (the Commonwealth entity);
(ii) the foreign entity advises the Commonwealth entity that the information or matter is still confidential.