(1) Matter is exempt matter if—
(a) it has been submitted to Executive Council; or
(b) it was prepared for submission to Executive Council and is proposed, or has at any time been proposed, by a Minister to be submitted to Executive Council; or
(c) it was prepared for briefing, or the use of, the Governor, a Minister or a chief executive in relation to a matter— (i) submitted to Executive Council; or (ii) that is proposed, or has at any time been proposed, to be submitted to Executive Council by a Minister; or
(d) it is, or forms part of, an official record of Executive Council; or
(e) its disclosure would involve the disclosure of any consideration of Executive Council or could otherwise prejudice the confidentiality of Executive Council considerations or operations; or
(f) it is a draft of matter mentioned in paragraphs (a) to (e); or
(g) it is a copy of or extract from, or part of a copy of or extract from, matter mentioned in paragraphs (a) to (f).
(2) Subsection (1) does not apply to matter officially published by decision of the Governor in Council.
(3) A certificate signed by the Minister stating that specified matter would, if it existed, be exempt matter mentioned in subsection (1), but not matter mentioned in subsection (2), establishes, subject to part 5, that, if the matter exists, it is exempt matter under this section.
(4) In this section—
chief executive means a chief executive of a unit of the public sector.
(a) discussion, deliberation, noting (with or without discussion) or decision; and
(b) consideration for any purpose, including, for example, for information or to make a decision.
draft includes a preliminary or working draft.
official record, of Executive Council, includes an official record of matters submitted to Executive Council.
submit matter to Executive Council includes bring the matter to Executive Council, irrespective of the purpose of submitting the matter to Executive Council, the nature of the matter or the way in which Executive Council deals with the matter.