46Security and law enforcement

46 Security and law enforcement (1) Information is exempt under section 44 if disclosure of the information would prejudice: (a) the security or defence of the Commonwealth or a State or Territory of the Commonwealth; or (b) the maintenance of law and order in the Territory as specified in subsections (2) and (3). (2) The disclosure of information prejudices the maintenance of law and order in the Territory if it: (a) prejudices the investigation of a breach or possible breach of the law (whether generally or in a particular case); or (b) discloses the identity of a confidential source of information connected with the detection of unlawful conduct or the enforcement or administration of the law; or (c) discloses methods or procedures for preventing, detecting, investigating or otherwise dealing with matters connected with breaches or evasions of the law and disclosure of those methods or procedures prejudices or is likely to prejudice their effectiveness; or (d) discloses a matter that facilitates or is likely to facilitate a person's escape from lawful custody; or (e) endangers the life or physical safety of a person; or (f) is information, originating from a Police Force Intelligence Division, relating to an authorised operation or a corresponding authorised operation as defined in section 3 of the Police (Special Investigative and Other Powers) Act 2015; or (g) reveals that an assumed identity, acquired or used by a person in accordance with Part 3 of the Police (Special Investigative and Other Powers) Act 2015, is not the person's real identity; or (h) reveals the identity of an operative (as defined in section 73 of the Police (Special Investigative and Other Powers) Act 2015), or where the operative lives, where the disclosure is not: (i) authorised by leave or an order under section 81 of that Act; or

Information Act 2002 36 (ii) permitted under section 84 of that Act. (3) The disclosure of information does not prejudice the maintenance of law and order in the Territory if it discloses information that: (a) reveals that the scope of a law enforcement investigation has exceeded limits imposed by law; or (b) reveals the use of illegal methods or procedures for preventing, detecting, investigating, or dealing with matters arising out of, breaches or evasion of the law; or (c) contains a general outline of the structure of a program adopted by a public sector organisation for investigating breaches of, or enforcing or administering, the law; or (d) is a report on the degree of success achieved in a program adopted by a public sector organisation for investigating breaches of, or enforcing or administering, the law; or (e) is a report prepared in the course of routine law enforcement inspections or investigations by a public sector organisation that has a function of enforcing and regulating compliance with a particular law other than the criminal law; or (f) is a report on a law enforcement investigation where the substance of the report has been disclosed to the person or body the subject of the investigation.