24FAWhen compliance with notice is not required

24FA When compliance with notice is not required

(1) A person (the recipient) is not required to comply with a requirement of a notice given to the recipient under section 24F if subsection (2) or (3) of this section applies. Information etc. relating to support services (2) This subsection applies if the requirement relates to information, a document or a thing obtained or brought into existence in the course of, or for the purposes of, providing a service under section 15 (support function). Information etc. relating to informant’s identity (3) This subsection applies if: (a) the requirement relates to information, a document or a thing given by a person (the informant), whether directly or indirectly: (i) to another person who works in a professional capacity as a journalist; and (ii) in the normal course of the journalist’s work as a journalist; and (b) the journalist reasonably believes that the informant has provided the information on the express or implied understanding that the informant’s identity would not be disclosed; and (c) compliance with the requirement would disclose the identity of the informant or enable that identity to be ascertained; and (d) the recipient is: (i) the journalist; or (ii) the journalist’s employer; or (iii) assisting the journalist and employed or engaged by the journalist’s employer; or (iv) assisting the journalist in the recipient’s professional capacity. (4) If the journalist is a staff member of a Commonwealth entity, the reference in subsection (3) to the journalist’s employer is taken to include a reference to: (a) if the accountable authority (within the meaning of the Public Governance, Performance and Accountability Act 2013) of the entity is a single person—that person; or (b) if the accountable authority (within the meaning of that Act) of the entity is a governing body or other group of persons: (i) the chief executive officer (however described) of the entity (unless subparagraph (ii) applies); or (ii) if the PWSS rules prescribe another person as the head of the entity—that other person. (5) For the purposes of subsection (4), the following are staff members of a Commonwealth entity: (a) an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of the entity; (b) an individual who is employed by, or engaged in assisting: (i) the entity; or (ii) a staff member of the entity on behalf of the entity or the Commonwealth.