Freedom of Information Amendment (Reform) Act 2010 (51 of 2010)
Schedule 4 Information Commissioner amendments
Part 1 Main amendments
Freedom of Information Act 1982
56 Section 92
Repeal the section, substitute:
92 Protection against criminal liability
(1) A Minister, or an officer of an agency, is not guilty of a criminal offence only because the Minister or officer:
(a) publishes a document in good faith, in the belief that the publication is required or permitted under Part II (information publication scheme) or section 11C (publication of information in accessed documents); or
(b) gives access to a document in good faith, in the belief that the access is required or permitted to be given in response to a request; or
(c) publishes, or gives access to, a document in good faith, in the belief that the publication or access is required or permitted otherwise than under this Act (whether or not under an express legislative power).
(2) A person is not guilty of a criminal offence only because the person shows a document, or is concerned in the showing of a document, to another person or organisation for any of the following purposes:
(a) consultation with a State under subsection 26A(2);
(b) enabling the other person or the organisation to make a submission under subsection 27(4);
(c) enabling the other person to make a submission under subsection 27A(3).