8Disclosure to Committee by CEO of the ACC

8 Disclosure to Committee by CEO of the ACC

(1) Subject to subsection (2), the CEO of the ACC: (a) must comply with a request by the Committee to give the Committee information in relation to a special ACC operation/investigation (including a special ACC operation/investigation that has been concluded); and (b) must when requested by the Committee, and may at such other times as the CEO thinks appropriate, inform the Committee concerning the general performance of the ACC’s functions. (2) The CEO of the ACC may decide not to comply with the request if the CEO is satisfied that: (a) the information is sensitive information; and (b) the public interest that would be served by giving the information to the Committee is outweighed by the prejudicial consequences that might result from giving the information to the Committee. (3) If the CEO of the ACC does not give information to the Committee because of subsection (2), the Committee may refer the request to the Minister responsible for the ACC. (4) If the Committee refers the request to the Minister responsible for the ACC, the Minister responsible for the ACC: (a) must determine in writing whether: (i) the information is sensitive information; and (ii) if it is, whether the public interest that would be served by giving the information to the Committee is outweighed by the prejudicial consequences that might result from giving the information to the Committee; and (b) must provide copies of that determination to the CEO of the ACC and the Committee. (5) The Minister responsible for the ACC is not required to disclose his or her reasons for making a determination under subsection (4). (6) A determination made by the Minister responsible for the ACC under subsection (4) is not a legislative instrument.