(3) Subsection (1) does not apply to a document that contains
purely statistical, technical or scientific material unless the
disclosure of the document would involve the disclosure of any
deliberation or decision of Cabinet.
(4) For the purposes of this Act, a certificate signed by the
Secretary to the Cabinet or a person performing the duties of the
Secretary, certifying that a document is one of a kind referred to in a
paragraph of subsection (1), establishes conclusively that it is an
exempt document of that kind.
(5) In this section -
Internal working
documents and
policy documents
(a)
“Cabinet” includes a committee or
subcommittee of Cabinet; and
(b)
a reference to a document includes a reference
to a document whether created before or after
the commencement of this Act.
26.
(1) A document is an exempt document if it is a document
the disclosure of which under this Act would be contrary to the
public interest and (a)
would disclose matter in the nature of an
opinion, advice or recommendation
prepared by an officer or a Minister, or
consultation or deliberation that has taken
place between officers, Ministers, or an
officer and a Minister, in the course of, or for
the purpose of, the deliberative processes
involved in the functions of a public
authority; or
(b)
would prejudice the formulation or
development of policy by the Government,
by having an adverse effect on (i)
the free and frank provision of an
opinion, advice or recommendation, or
(ii)
the free and frank exchange of views
for the purposes of deliberation.
(2) In the case of a document of the kind referred to in
section 22(1), the matter referred to in subsection (1)(a) does not
include 21