70Certain documents and information not required to be disclosed

#### 70 Certain documents and information not required to be disclosed (1) Where the Attorney‑General furnishes to the Commissioner a certificate certifying that the giving to the Commissioner of information concerning a specified matter (including the giving of information in answer to a question), or the production to the Commissioner of a specified document or other record, would be contrary to the public interest because it would: (a) prejudice the security, defence or international relations of Australia; (b) involve the disclosure of communications between a Minister of the Commonwealth and a Minister of a State, being a disclosure that would prejudice relations between the Commonwealth Government and the Government of a State; (c) involve the disclosure of deliberations or decisions of the Cabinet or of a Committee of the Cabinet; (d) involve the disclosure of deliberations or advice of the Executive Council; (e) prejudice the conduct of an investigation or inquiry into crime or criminal activity that is currently being pursued, or prejudice the fair trial of any person; (f) disclose, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to the enforcement of the criminal law; (g) prejudice the effectiveness of the operational methods or investigative practices or techniques of agencies responsible for the enforcement of the criminal law; or (h) endanger the life or physical safety of any person; the Commissioner must not exercise a power under this Act that requires a person to give any information concerning the matter or to produce the document or other record. (2) Without limiting the operation of subsection (1), where the Attorney‑General furnishes to the Commissioner a certificate certifying that the giving to the Commissioner of information as to the existence or non‑existence of information concerning a specified matter (including the giving of information in answer to a question) or as to the existence or non‑existence of any document or other record required to be produced to the Commissioner would be contrary to the public interest: (a) by reason that it would prejudice the security, defence or international relations of Australia; or (b) by reason that it would prejudice the proper performance of the functions of the ACC; or (c) by reason that it would prejudice the proper performance of the functions of the National Anti‑Corruption Commissioner or the Inspector of the National Anti‑Corruption Commission; the Commissioner is not entitled, pursuant to this Act, to require a person to give any information as to the existence or non‑existence of information concerning that matter or as to the existence of that document or other record.