2 Cabinet information brought into existence on or after commencement

(1) Information is exempt information for 10 years after its relevant date if—

(a) it has been brought into existence for the consideration of Cabinet; or

(b) its disclosure would reveal any consideration of Cabinet or would otherwise prejudice the confidentiality of Cabinet considerations or operations; or

(c) it has been brought into existence in the course of the State’s budgetary processes.

(2) Subsection (1) does not apply to—

(a) information brought into existence before the commencement of this section; or

(b) information officially published by decision of Cabinet.

(3) Without limiting subsection (1), the following documents are taken to be documents comprised exclusively of exempt information under subsection (1)—

(a) Cabinet submissions;

(b) Cabinet briefing notes;

(c) Cabinet agendas;

(d) notes of discussions in Cabinet;

(e) Cabinet minutes;

(f) Cabinet decisions;

(g) a draft of a document mentioned in any of paragraphs (a) to (f).

(4) A report of factual or statistical information attached to a document mentioned in subsection (3) is exempt information under subsection (1) only if—

(a) its disclosure would have an effect mentioned in subsection (1)(b); or

(b) it was brought into existence for the consideration of Cabinet or for the State’s budgetary processes.

(5) In this section—

Cabinet includes a Cabinet committee or subcommittee.

consideration includes—

(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.

relevant date, for information, means—

(a) for information considered by Cabinet—the date the information was most recently considered by Cabinet; or

(b) for other information—the date the information was brought into existence.