Commonwealth Numbered Acts

Archives Act 1983 No. 79 of 1983 - SECT 34

34. (1) Where a Minister is satisfied that a record contains information or
matter of a kind referred to in paragraph 33 (1) (a) or (b), whether or not
the record has been examined in accordance with section 35 and whether or not
a decision has been given in respect of the record under that section, he may
sign a certificate to that effect and, subject to the operation of this Part,
such a certificate, so long as it remains in force, establishes conclusively
that the record is an exempt record referred to in the relevant paragraph of
sub-section 33 (1).

(2) Where a Minister is satisfied as mentioned in sub-section (1) by reason
only of information or matter contained in a particular part or particular
parts of a record, the certificate under that sub-section in respect of the
record shall identify that part or those parts of the record as containing the
information or matter by reason of which the certificate is given.

(3) Where a Minister is satisfied that information as to the existence or
non-existence of a record as described in an application for access would, if
contained in another record, cause that other record to be an exempt record
for the reason that it would contain information or matter of a kind referred
to in paragraph 33 (1) (a) or (b), he may sign a certificate to that effect
(specifying that reason).

(4) The regulations may prescribe a period as the period during which
certificates under sub-section (1) or (3), or any specified class of such
certificates, remain in force unless sooner revoked.

(5) Regulations made in pursuance of sub-section (4) may be expressed to apply
to certificates signed before the day on which the regulations take effect,
but a certificate that is in force at the time when any such regulations
applying to the certificate take effect does not, by reason of the
regulations, cease to be in force before the expiration of a period of one
year from the date on which the regulations take effect.

(6) Notwithstanding sub-section (4) and any regulations under that
sub-section, where a certificate under this section has been signed in respect
of a record, a further certificate under this section in respect of the record
may be signed at any time, whether or not the first-mentioned certificate is
still in force.

(7) Where a certificate under this section is in force in respect of a record,
the record is not subject to examination under section 35.

(8) A Minister may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by him, delegate all or any of his
powers under this section, other than this power of delegation, to-

   (a)  the Permanent Head of a Department of the Australian Public Service
        that corresponds to a Department of State of the Commonwealth;

   (b)  the person holding, in relation to a Commonwealth institution that is
        a prescribed authority for the purposes of the Freedom of Information 
        Act 1982 , an office by virtue of which he would, for the purposes of
        that Act, be the principal officer in respect of that
        Commonwealth institution;

   (c)  the person holding, in relation to a Commonwealth institution that is
        not a prescribed authority for the purposes of the Freedom of 
        Information Act 1982 , an office declared by the regulations to be the
        relevant office in respect of that Commonwealth institution; or

   (d)  a person performing the duties of an office referred to in paragraph
        (a), (b) or (c).

(9) A power delegated by a Minister under sub-section (8), when exercised by
the delegate, shall, for the purposes of this Act, be deemed to have been
exercised by the Minister.

(10) A delegation by a Minister under sub-section (8) does not prevent the
exercise of a power by the Minister.