11 Freedom of Information Act, 2018 - 6. the free and frank provision of advice or exchange of views; or (d) significantly undermine the effectiveness of a testing or auditing procedure used by a public body. (2) A public body may refuse to indicate whether or not it holds a record, or refuse to communicate information, which is: (a) the official record of any deliberation or decision of Cabinet; (b) a document that has been prepared by a Minister of Government or on his behalf or by a public authority for the purpose of submission for consideration by Cabinet or a document which has been considered by Cabinet and which is related to issues that are or have been before Cabinet; (c) a document prepared for the purpose of briefing a Minister of Government in relation to issues to be considered by Cabinet; (d) a document that is a copy or draft of, or contains extracts from, a document referred to in paragraph (a), (b) or (c); or (e) a document the disclosure of which would involve the disclosure of any deliberation or decision of Cabinet, other than a document by which a decision of Cabinet was officially published. (3) Subsections (1) and (2) do not apply to facts, analyses of facts, technical or scientific data or statistical information unless the disclosure would involve the disclosure of any deliberation or decision of Cabinet. (4) Subject to subsections (1) to (3), a public body shall refuse to communicate information which is (a) a privileged Ministerial communication; (b) Cabinet Submission or other Cabinet communication; (c) privileged communication with Her Majesty or the Governor-General; (d) privileged inter-agency or intra-agency memoranda or letters. 34. Time limits. (1) The provisions of sections 27 to 32 apply to the extent that the harm they envisage would, or would be likely to, occur at or after the time at which the request is considered. (2) Sections 28, 30, 31 and 32 do not apply to a record which is more than thirty years old. PART 5 COMMISSIONER 35. Appointment of Commissioner. (1) The Governor-General, acting on the recommendation of the Prime Minister and after consultation with the Premier and the Leader of the Opposition, shall appoint an Information Commissioner for the purposes of this Act, on such terms and conditions as may be specified in the instrument of his or her appointment.