9Disclosure to Committee by Commissioner of the AFP

9 Disclosure to Committee by Commissioner of the AFP

(1) Subject to subsection (2), the Commissioner of the AFP: (a) must comply with a request by the Committee to give the Committee information in relation to an investigation that the AFP has conducted or is conducting; and (b) must when requested by the Committee, and may at such other times as the Commissioner thinks appropriate, inform the Committee concerning the general performance of the AFP’s functions. (2) The Commissioner of the AFP may decide not to comply with the request if the Commissioner 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 Commissioner of the AFP does not give information to the Committee because of subsection (2), the Committee may refer the request to the Minister responsible for the AFP. (4) If the Committee refers the request to the Minister responsible for the AFP, the Minister responsible for the AFP: (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 Commissioner of the AFP and the Committee. (5) The Minister responsible for the AFP 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 AFP under subsection (4) is not a legislative instrument.