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AUDITOR-GENERAL ACT 1997 - SECT 37

Sensitive information not to be included in public reports

  (1)   The Auditor - General must not include particular information in a public report if:

  (a)   the Auditor - General is of the opinion that disclosure of the information would be contrary to the public interest for any of the reasons set out in subsection   (2); or

  (b)   the Attorney - General has issued a certificate to the Auditor - General stating that, in the opinion of the Attorney - General, disclosure of the information would be contrary to the public interest for any of the reasons set out in subsection   (2).

  (2)   The reasons are:

  (a)   it would prejudice the security, defence or international relations of the Commonwealth;

  (b)   it would involve the disclosure of deliberations or decisions of the Cabinet or of a Committee of the Cabinet;

  (c)   it would prejudice relations between the Commonwealth and a State;

  (d)   it would divulge any information or matter that was communicated in confidence by the Commonwealth to a State, or by a State to the Commonwealth;

  (e)   it would unfairly prejudice the commercial interests of any body or person;

  (f)   any other reason that could form the basis for a claim by the Crown in right of the Commonwealth in a judicial proceeding that the information should not be disclosed.

  (3)   The Auditor - General cannot be required, and is not permitted, to disclose to:

  (a)   a House of the Parliament; or

  (b)   a member of a House of the Parliament; or

  (c)   a committee of a House of the Parliament or a joint committee of both Houses of the Parliament;

information that subsection   (1) prohibits being included in a public report.

  (4)   If the Auditor - General omits particular information from a public report because the Attorney - General has issued a certificate under paragraph   (1)(b) in relation to the information, the Auditor - General must state in the report:

  (a)   that information (which does not have to be identified) has been omitted from the report; and

  (b)   the reason or reasons (in terms of subsection   (2)) why the Attorney - General issued the certificate.

  (5)   If, because of subsection   (1), the Auditor - General:

  (a)   decides not to prepare a public report; or

  (b)   omits particular information from a public report;

the Auditor - General may prepare a report under this subsection that includes the information concerned. The Auditor - General must give a copy of each report under this subsection to the Prime Minister, the Finance Minister and any responsible Minister.

  (6)   In this section:

"information" includes written comments on the proposed report or the extract that are received by the Auditor - General under subsection   19(4).

"public report" means a report that is to be tabled in either House of the Parliament.

"State" includes a self - governing Territory.

 



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