Freedom of Information Act 1982
View history note
Hide history notePart VIIA inserted by No 51 of 2010, s 3 and Sch 4 item 34, applicable in relation to requests for access made under section 15 of the Freedom of Information 1982 that are received at or after 1 November 2010; and applications under section 48 of that Act that are received at or after 1 November 2010.
Div 4 heading inserted by No 51 of 2010, s 3 and Sch 4 item 37, applicable in relation to requests for access made under section 15 of the Freedom of Information 1982 that are received at or after 1 November 2010; and applications under section 48 of that Act that are received at or after 1 November 2010.
(Repealed by No 51 of 2010)
S 59 repealed by No 51 of 2010, s 3 and Sch 4 item 40, applicable in relation to requests for access made under section
15
of the
Freedom of Information 1982
that are received at or after 1 November 2010; and applications under section
48
of that Act that are received at or after 1 November 2010. S 59 formerly read:
an agency or Minister decides that the document to which the request relates, or an edited copy of the document, is not an exempt document under section
43
, the person or organisation, or the proprietor of the undertaking, may apply to the Tribunal for a review of the decision. the agency or Minister must, as soon as practicable, take all reasonable steps to inform the person or organisation, or the proprietor of the undertaking, of the application unless the Tribunal orders, on the application of the agency or the Minister concerned, that it would not be appropriate to do so in the circumstances. S 59(3) amended by No 99 of 2009, s 3 and Sch 1 item 18, by inserting
"
unless the Tribunal orders, on the application of the agency or the Minister concerned, that it would not be appropriate to do so in the circumstances
"
at the end, effective 7 October 2009. For application provision, see note under s
33
. S 59(4) inserted by No 99 of 2009, s 3 and Sch 1 item 19, effective 7 October 2009. For application provision, see note under s
33
.
SECTION 59 Review of certain decisions in respect of documents relating to business affairs etc.
59(1)
Where, on a request having been made for access to a document containing information concerning:
(a)
a person's business or professional affairs; or
(b)
the business, commercial or financial affairs of an organisation or undertaking;
59(2)
Where an application is made in accordance with subsection (1):
(a)
the provisions of this Part (other than section
55
) apply in like manner as they apply in relation to an application for review of a decision refusing to grant access to a document; and
(b)
the agency or Minister concerned shall forthwith inform the person who made the request of the application.
59(2A)
In spite of section 29 of the
Administrative Appeals Tribunal Act 1975
, an application by a person, organisation or proprietor under subsection (1) must be made within 30 days after the day on which notice of the decision was given to the person, organisation or proprietor, as the case may be.
59(3)
Where:
(a)
on a request having been made for access to a document containing information concerning:
(i)
a person's business or professional affairs; or
an agency or Minister decides not to grant access to the document; and
(ii)
the business, commercial or financial affairs of an organisation or undertaking;
(b)
an application is made to the Tribunal for a review of the decision;
59(4)
For the purposes of determining, under subsection (3), whether it would not be appropriate for the person or organisation, or the proprietor of the undertaking, to be informed under subsection (3), the Tribunal must have regard to whether informing the person or organisation, or the proprietor of the undertaking, would, or could reasonably be expected to:
(a)
prejudice the conduct of an investigation of a breach, or possible breach, of the law, or a failure, or possible failure, to comply with a law relating to taxation or prejudice the enforcement or proper administration of the law in a particular instance; or
(b)
disclose, or enable a person to ascertain, the existence or identity of a confidential source of information, or the non-existence of a confidential source of information, in relation to the enforcement or administration of the law; or
(c)
endanger the life or physical safety of any person; or
(d)
cause damage to the security, defence or international relations of the Commonwealth.
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