42 Matter relating to law enforcement or public safety

(1) Matter is exempt matter if its disclosure could reasonably be expected to—

(a) prejudice the investigation of a contravention or possible contravention of the law (including revenue law) in a particular case; or

(b) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or

(c) endanger a person's life or physical safety; or (ca) result in a person being subjected to a serious act of harassment or intimidation; or

(d) prejudice a person's fair trial or the impartial adjudication of a case; or

(e) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law (including revenue law); or

(f) prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or

(g) endanger the security of a building, structure or vehicle; or

Example—
A safety report for a major hazard facility under the Dangerous Goods Safety Management Act 2001, section 47, may include exempt matter.

(h) prejudice a system or procedure for the protection of persons, property or environment; or

(i) facilitate a person's escape from lawful custody; or

(j) prejudice the wellbeing of a cultural or natural resource or the habitat of animals or plants.

(1A) Matter is also exempt matter if—

(a) it consists of information given in the course of an investigation of a contravention or possible contravention of the law (including revenue law); and

(b) the information was given under compulsion under an Act that abrogated the privilege against self-incrimination.

(2) Matter is not exempt under subsection (1) if—

(a) it consists of—

(i) matter revealing that the scope of a law enforcement investigation has exceeded the limits imposed by law; or

(ii) matter containing a general outline of the structure of a program adopted by an agency for dealing with a contravention or possible contravention of the law; or

(iii) a report on the degree of success achieved in a program adopted by an agency for dealing with a contravention or possible contravention of the law; or

(iv) a report prepared in the course of a routine law enforcement inspection or investigation by an agency whose functions include that of enforcing the law (other than the criminal law or the law relating to misconduct under the Crime and Misconduct Act 2001); or

(v) a report on a law enforcement investigation that has already been disclosed to the person or body the subject of the investigation; and

(b) its disclosure would, on balance, be in the public interest.

(3) A certificate signed by the Minister stating that a 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.

(3A) Matter is also exempt matter if it consists of information obtained, used or prepared for an investigation by a prescribed crime body, or another agency, in the performance of the prescribed functions of the prescribed crime body.

(3B) Matter is not exempt under subsection (3A) in relation to a particular applicant if—

(a) it consists of information about the applicant; and

(b) the investigation has been finalised.

(3C) A reference in this section to a repealed Act includes a reference to the repealed Act as originally enacted and as in force from time to time.

(4) A reference in this section to a contravention or possible contravention of the law includes a reference to misconduct or possible misconduct under the Crime and Misconduct Act 2001.

(5) In this section—

law includes law of the Commonwealth, another State, a Territory or a foreign country.

prescribed crime body means—

(a) the Crime and Misconduct Commission; or

(b) the former Criminal Justice Commission; or

(c) the former Queensland Crime Commission.

prescribed functions means—

(a) in relation to the Crime and Misconduct Commission—the crime function, and the misconduct functions, within the meaning of the Crime and Misconduct Act 2001; and

(b) in relation to the former Criminal Justice Commission—the functions of the former Criminal Justice Commission under the repealed Criminal Justice Act 1989 in relation to organised or major crime or in relation to misconduct or official misconduct within the meaning of that Act; and

(c) in relation to the former Queensland Crime Commission—the functions of the former Queensland Crime Commission under the repealed Crime Commission Act 1997 in relation to relevant criminal activity or major crime within the meaning of that Act.