Freedom of Information Act 1989 No 5
Historical version for 22 August 2008 to 31 December 2008 (accessed 22 May 2013 at 00:38)
Repealed version
59 Ministerial certificates
(1) A certificate that is signed by the Minister and that states that
a specified document is a restricted document by virtue of a specified
provision of Part 1 of Schedule 1 shall, except for the purposes of Division 3
of Part 5, be taken to be conclusive evidence that the document is a
restricted document by virtue of that provision.
(1A) A certificate under this section must specify:(a) the reasons for the Minister’s decision that the document is
a restricted document, and
(b) the findings on any material questions of fact underlying those
reasons, together with a reference to the sources of information on which
those findings are based.
(1B) A copy of a certificate under this section is to be given to an
applicant seeking access to the document concerned. Such a copy is, for the
purposes of section 28 (2) (e), sufficient notice to the applicant of the
reasons for the refusal of access and the relevant findings underlying those
reasons.
(2) A certificate under this section ceases to have effect at the end
of 2 years after it is signed by the Minister unless it is sooner withdrawn by
the Minister.
(3) Nothing in subsection (2) prevents the Minister from issuing a
further certificate in respect of the same
document.
(4) Nothing in this section requires any matter to be included in a
certificate if it is of such a nature that its inclusion in the certificate
would cause the certificate to be an exempt
document.