Freedom of Information Act 1982


Division 8 - Information gathering powers  

SECTION 55T   Information gathering powers - production of exempt documents generally  


This section applies to an IC review of a decision in relation to a document if:

(a) the principal officer of an agency or a Minister claims that the document is an exempt document; and

(b) section 55U does not apply to the document.


Section 55U deals with the production of documents that are claimed to be exempt documents under section 33 (national security etc), 34 (Cabinet documents) or 45A (Parliamentary Budget Office documents).

Exempt document produced under obligation

The Information Commissioner may, for the purposes of deciding whether the document is an exempt document, require the document to be produced.

If the Information Commissioner is satisfied that the document is an exempt document, the Information Commissioner must return the document to the person by who it was produced.

Production to determine whether access can be given to part of document

The Information Commissioner may require the production of an exempt document for the purpose of determining whether it is practicable for an agency or a Minister to give access to an edited copy of the document.

If the document is produced to the Information Commissioner (whether under this section or voluntarily), only the following persons may have access to the document, or to the contents of the document:

(a) the Information Commissioner;

(b) a member of the staff of the Information Commissioner in the course of the performance of his or her duties as a member of that staff.

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