Freedom of Information Act 1982
This section applies if:
(a) a request is made by a person, in accordance with subsection 15(2) , to an agency or Minister for access to:
(i) a document of the agency; or
(ii) an official document of the Minister; and
(b) any charge that, under the regulations, is required to be paid before access is given has been paid. 11A(2)
This section applies subject to this Act.
Other provisions of this Act are relevant to decisions about access to documents, for example the following:
The agency or Minister must give the person access to the document in accordance with this Act, subject to this section. Exemptions and conditional exemptions 11A(4)
The agency or Minister is not required by this Act to give the person access to the document at a particular time if, at that time, the document is an exempt document.
Access may be given to an exempt document apart from under this Act, whether or not in response to a request (see section 3A (objects - information or documents otherwise accessible)).11A(5)
The agency or Minister must give the person access to the document if it is conditionally exempt at a particular time unless (in the circumstances) access to the document at that time would, on balance, be contrary to the public interest.
A conditionally exempt document is an exempt document if access to the document would, on balance, be contrary to the public interest (see section 31B (exempt documents for the purposes of Part IV )).
Section 11B deals with when it is contrary to the public interest to give a person access to the document.11A(6)
Despite subsection (5), the agency or Minister is not required to give access to the document at a particular time if, at that time, the document is both:
(a) a conditionally exempt document; and
(b) an exempt document:
(ii) within the meaning of paragraph (b) or (c) of the definition of exempt document in subsection 4(1) .
S 11A inserted by No 51 of 2010, s 3 and Sch 3 item 14, applicable in relation to requests for access made under section 15 of the Freedom of Information Act 1982 that are received at or after 1 November 2010.
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