37Sensitive 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).
(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.
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.