42A Matter relating to national or State security

(1) Matter is exempt matter if its disclosure could reasonably be expected to damage the security of the Commonwealth or a State.

(2) For subsection (1), the matters relevant to the security of the Commonwealth include—

(a) matters relating to detecting, preventing or suppressing activities, whether within or outside Australia, that are subversive of, or hostile to, the interests of the Commonwealth or a country allied or associated with the Commonwealth; and

(b) the security of a communications system or cryptographic system of the Commonwealth or another country used for—

(i) the defence of the Commonwealth or a country allied or associated with the Commonwealth; or

(ii) the conduct of the international relations of the Commonwealth.

(3) For subsection (1), the matters relevant to the security of a State include matters relating to detecting, preventing or suppressing activities, whether within or outside the State, that are subversive of, or hostile to, the interests of the State.

(4) A certificate signed by the Minister stating that specified matter would, if it existed, be exempt matter mentioned in subsection (1) establishes, subject to part 5, that, if the matter exists, it is exempt matter under this section.