103BDeferral of inclusion of information in report

#### 103B Deferral of inclusion of information in report Scope (1) This section applies to information: (a) included in a report submitted to the Minister: (i) under section 84 by the Ombudsman in relation to a Commonwealth agency; or (ii) under section 94 by the chief officer of a Commonwealth agency; or (iii) under section 96 by the chief officer of an eligible authority of a State; and (b) that the Minister would, apart from this section, be required to include in the next Ministerial report. Exclusion of information (2) If the chief officer of the Commonwealth agency or eligible authority is satisfied that the information is Part 5.3 information or Part 9.10 information, the chief officer must advise the Minister in writing not to include the information in the next Ministerial report. (3) If the Minister is satisfied, on the advice of the chief officer, that the information is Part 5.3 information or Part 9.10 information (as the case may be), the Minister must: (a) notify the chief officer in writing; and (b) not include the information in any Ministerial report until the Minister decides otherwise under subsection (5). Inclusion of information in subsequent report (4) If the information has not been included in a Ministerial report because of subsection (3), the chief officer must, before the Minister prepares the next Ministerial report: (a) reconsider whether the information is Part 5.3 information or Part 9.10 information (as the case may be); and (b) if the chief officer is satisfied that the information is not Part 5.3 information or Part 9.10 information (as the case may be)—advise the Minister in writing to include the information in the next Ministerial report. (5) If the Minister is satisfied, on the advice of the chief officer, that the information is not Part 5.3 information or Part 9.10 information (as the case may be), the Minister must: (a) notify the chief officer in writing; and (b) include the information in the next Ministerial report. Definitions (6) In this section: > Ministerial report means a report the Minister prepares under this Division. > Part 5.3 information means information that, if made public, could reasonably be expected to enable a reasonable person to conclude that: (a) a Part 5.3 warrant is likely to be, or is not likely to be, in force in relation to a telecommunications service used, or likely to be used, by a particular person; or (b) a Part 5.3 warrant is likely to be, or is not likely to be, in force in relation to a particular person. > Part 9.10 information means information that, if made public, could reasonably be expected to enable a reasonable person to conclude that: (a) a Part 9.10 warrant is likely to be, or is not likely to be, in force in relation to a telecommunications service used, or likely to be used, by a particular person; or (b) a Part 9.10 warrant is likely to be, or is not likely to be, in force in relation to a particular person.