Freedom of Information Act 1982
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Hide history noteSubject to subsection (1A) , a document is an exempt document if: (a) disclosure of the document, or information contained in the document, is prohibited under a provision of an enactment or a Norfolk Island law; and (b) either:
(i) that provision is specified in Schedule 3 ; or
(ii) this section is expressly applied to the document, or information, by that provision, or by another provision of that enactment or law or any other enactment or Norfolk Island law.
A person ' s right of access to a document under section 11 or 22 is not affected merely because the document is an exempt document under subsection (1) of this section if disclosure of the document, or information contained in the document, to that person is not prohibited by the enactment or law concerned or any other enactment or Norfolk Island law.
Subject to subsection (3) , if a person requests access to a document, this section does not apply in relation to the document so far as it contains personal information about the person.
[ CCH Note: S 38(2) will be amended by No 26 of 2022, s 3 and Sch 1 item 21, by substituting " subsections (3) and (3A) " for " subsection (3) " , effective 1 October 2022 or a single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.]
This section applies in relation to a document so far as it contains personal information about a person if: (a) the person requests access to the document; and (b) disclosure of the document, or information contained in the document, is prohibited under section 503A of the Migration Act 1958 as affected by section 503D of that Act.
[ CCH Note: S 38(3A) will be inserted by No 26 of 2022, s 3 and Sch 1 item 22, effective 1 October 2022 or a single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. S 38(3A) will read:
]
38(3A)
This section applies in relation to a document so far as it contains personal information about a person if:
(a) the person requests access to the document; and
(b) disclosure of the document, or information contained in the document, is prohibited under subsection 29A(7) of the Research Involving Human Embryos Act 2002 .
(Repealed by No 154 of 2020)
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