(1) Information is exempt information if—
(a) it has been submitted to Executive Council; or
(b) it was brought into existence for submission to Executive Council and is proposed, or has at any time been proposed, to be submitted to Executive Council by a Minister; or
(c) it was brought into existence for briefing, or the use of, the Governor, a Minister or a chief executive in relation to information—
(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 any of paragraphs (a) to (e); or
(g) it is a copy of or extract from, or part of a copy of or extract from, information mentioned in any of paragraphs (a) to (f).
(2) Subsection (1) does not apply to information officially published by decision of the Governor in Council.
(3) 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 information submitted to Executive Council.
submit information to Executive Council includes bring the information to Executive Council, irrespective of the purpose of submitting the information to Executive Council, the nature of the information or the way in which Executive Council deals with the information.