Freedom of Information Act 1982

PART IV - EXEMPT DOCUMENTS  

Division 2 - Exemptions  

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History

Div 2 inserted by No 51 of 2010, s 3 and Sch 3 item 24, 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.

SECTION 45   Documents containing material obtained in confidence  

45(1)    

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A document is an exempt document if its disclosure under this Act would found an action, by a person (other than an agency or the Commonwealth) for breach of confidence.

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S 45(1) amended by Act No 137 of 1991, s 32; No 62 of 2004, Sch 1, item 24; No 139 of 2010, s 3 and Sch 1 item 194; No 59 of 2015, s 3 and Sch 2 item 177, effective 1 July 2016.

45(2)    

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Sub-section (1) does not apply to a document to which subsection 47C(1) (deliberative processes) applies (or would apply, but for subsection 47C(2) or (3) ), that is prepared by a Minister, a member of the staff of a Minister, or an officer or employee of an agency, in the course of his or her duties, or by a prescribed authority or Norfolk Island authority in the performance of its functions, for purposes relating to the affairs of an agency or a Department of State unless the disclosure of the document would constitute a breach of confidence owed to a person or body other than:

(a) a person in the capacity of Minister, member of the staff of a Minister or officer of an agency; or

(b) an agency or the Commonwealth.

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History

S 45(2) amended by No 139 of 2010, s 3 and Sch 1 items 195 and 196; No 59 of 2015, s 3 and Sch 2 item 178, effective 1 July 2016.

S 45(2) amended by No 51 of 2010, s 3 and Sch 3 items 30 and 31, 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.

S 45(2) amended by Act No 111 of 1986, s 14; No 43 of 1996, s 64.

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