Freedom of Information Act 1982
PART III
-
ACCESS TO DOCUMENTS
SECTION 12
PART NOT TO APPLY TO CERTAIN DOCUMENTS
12(1)
A person is not entitled to obtain access under this part to:
(a) a document, or a copy of a document, which is, under the Archives Act 1983 , within the open access period within the meaning of that Act unless the document contains personal information (including personal information about a deceased person); or
(b) a document that is open to public access, as part of a public register or otherwise, in accordance with another enactment, where that access is subject to fee or other charge; or
(ba) a document that is open to public access, as part of a land title register, in accordance with a law of a state or Territory where that access is subject to a fee or other charge; or
(c) a document that is available for purchase by the public in accordance with arrangements made by an agency.
12(2)
A person is not entitled to obtain access under this Part to a document or a part of a document that became a document of a Norfolk Island agency more than 5 years before the commencement of this subsection unless:
(c) the document, or that part of the document, contains information that is:
(d) the document, or that part of the document, is a document or a part of a document access to which is reasonably necessary to enable a proper understanding of a document of a Norfolk Island agency to which that person has lawfully had access.
12(3)
In this section:
A person is not entitled to obtain access under this part to:
(a) a document, or a copy of a document, which is, under the Archives Act 1983 , within the open access period within the meaning of that Act unless the document contains personal information (including personal information about a deceased person); or
(b) a document that is open to public access, as part of a public register or otherwise, in accordance with another enactment, where that access is subject to fee or other charge; or
(ba) a document that is open to public access, as part of a land title register, in accordance with a law of a state or Territory where that access is subject to a fee or other charge; or
(c) a document that is available for purchase by the public in accordance with arrangements made by an agency.
[ CCH Note: S 12(1) will be amended by No 154 of 2020, s 3 and Sch 3 item 33, by substituting para (b), effective 17 June 2021. For application provisions, see note under s 7(2AB) . Para (b) will read:
]
(b) a document that is open to public access, as part of a public register or otherwise, in accordance with an enactment or a Norfolk Island law, where that access is subject to a fee or other charge; or
View history note
Hide history noteA person is not entitled to obtain access under this Part to a document or a part of a document that became a document of a Norfolk Island agency more than 5 years before the commencement of this subsection unless:
(c) the document, or that part of the document, contains information that is:
(i) personal information about that person; or
(ii) information relating to that person ' s business, commercial or financial affairs; or
(d) the document, or that part of the document, is a document or a part of a document access to which is reasonably necessary to enable a proper understanding of a document of a Norfolk Island agency to which that person has lawfully had access.
In this section:
enactment
includes a Norfolk Island enactment.
[ CCH Note: S 12(3) will be repealed by No 154 of 2020, s 3 and Sch 3 item 34, effective 17 June 2021. For application provisions, see note under s 7(2AB) .]
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.