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).