Freedom of Information Amendment (Reform) Act 2010 (51 of 2010)

Schedule 3   Exemptions

Part 2   Main exemption amendments

Freedom of Information Act 1982

15   Before section 12

Insert:

11C Publication of information in accessed documents

Scope

(1) This section applies to information if an agency or Minister gives a person access to a document under section 11A containing the information, except in the case of any of the following:

(a) personal information about any person, if it would be unreasonable to publish the information;

(b) information about the business, commercial, financial or professional affairs of any person, if it would be unreasonable to publish the information;

(c) other information of a kind determined by the Information Commissioner under subsection (2), if it would be unreasonable to publish the information;

(d) any information, if it is not reasonably practicable to publish the information under this section because of the extent of any modifications to a document (or documents) necessary to delete information mentioned in paragraphs (a) to (c).

(2) The Information Commissioner may, by legislative instrument, make a determination for the purposes of paragraph (1)(c).

Publication

(3) The agency, or the Minister, must publish the information to members of the public generally on a website by:

(a) making the information available for downloading from the website; or

(b) publishing on the website a link to another website, from which the information can be downloaded; or

(c) publishing on the website other details of how the information may be obtained.

(4) The agency may impose a charge on a person for accessing the information only if:

(a) the person does not directly access the information by downloading it from the website (or another website); and

(b) the charge is to reimburse the agency for a specific reproduction cost, or other specific incidental costs, incurred in giving the person access to that particular information.

(5) If there is a charge for accessing the information, the agency or Minister must publish details of the charge in the same way as the information is published under this section.

Time limit for publication

(6) The agency or Minister must comply with this section within 10 working days after the day the person is given access to the document.

(7) In this section:

working day means a day that is not:

(a) a Saturday; or

(b) a Sunday; or

(c) a public holiday in the place where the function of publishing the information under this section is to be performed.