Freedom of Information Act 1982

Part 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 3 heading 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.

S 58(3) repealed by No 99 of 2009, s 3 and Sch 1 item 13, effective 7 October 2009. For application provision, see note under s 33 . S 58(3) formerly read:

58(3)
Where there is in force in respect of a document a certificate under section 33 , 33A , 34 , 35 or 36 , the powers of the Tribunal do not extend to reviewing the decision to give the certificate, but the Tribunal, constituted in accordance with section 58B , may determine such question in relation to that certificate as is provided for in whichever of subsections (4), (5) and (5A) applies in relation to that certificate.

S 58(4) repealed by No 99 of 2009, s 3 and Sch 1 item 13, effective 7 October 2009. For application provision, see note under s 33 . S 58(4) formerly read:

58(4)
Where application is or has been made to the Tribunal for the review of a decision refusing to grant access to a document in accordance with a request, being a document that is claimed to be an exempt document under section 33 , 33A , 34 or 35 and in respect of which a certificate (other than a certificate of a kind referred to in subsection (5A)) is in force under that section, the Tribunal shall, if the applicant so requests, determine the question whether there exist reasonable grounds for that claim.

S 58(5) repealed by No 99 of 2009, s 3 and Sch 1 item 13, effective 7 October 2009. For application provision, see note under s 33 . S 58(5) formerly read:

58(5)
Where application is or has been made to the Tribunal for the review of a decision refusing to grant access to a document in accordance with a request, being a document that is claimed to be an exempt document under section 36 and in respect of which a certificate is in force under that section, the Tribunal shall, in a case where it is satisfied that the document is a document to which paragraph 36(1)(a) applies, if the applicant so requests, determine the question whether there exist reasonable grounds for the claim that the disclosure of the document would be contrary to the public interest.

S 58(5A) repealed by No 99 of 2009, s 3 and Sch 1 item 13, effective 7 October 2009. For application provision, see note under s 33 . S 58(5A) formerly read:

58(5A)
Where application is or has been made to the Tribunal for the review of a decision refusing to grant access to a document in accordance with a request, being a document as described in the request in respect of which a certificate is in force under subsection 33(4) or 33A(4) , the Tribunal shall, if the applicant so requests, determine the question whether there exist reasonable grounds for the claim that information as to the existence or non-existence of the document as so described would, if contained in a document of an agency:

(a) in a case where the certificate was given under subsection 33(4) - cause that document of an agency to be an exempt document for a reason referred to in subsection 33(1) ; or

(b) in a case where the certificate was given under subsection 33A(4) :

(i) cause that document of an agency to be an exempt document for a reason referred to in subsection 33A(1) ; and

(ii) not cause that document of an agency to be a document containing matter the disclosure of which under this Act would be, on balance, in the public interest.

S 58(7) repealed by No 51 of 2010, s 3 and Sch 4 item 35, 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 58(7) formerly read:

58(7)
Where:

(a) application is or has been made to the Administrative Appeals Tribunal for review of a decision refusing to grant a person access to a document in accordance with a request; and

(b) the agency to which or the Minister to whom the request was made:

(i) has given to the applicant a notice under this Act of the decision, being a notice that does not include a statement (in whatever terms expressed) to the effect that access to the document is being refused for the reason that, by virtue of the operation of subsection 12(2) or of that subsection as modified by regulations in pursuance of subsection 12(3) , the applicant is not entitled to access to that document; or

(ii) informs or has informed the Tribunal, either before or in the course of the proceeding for the review of the decision, that the agency or the Minister, as the case requires, does not intend, or does not any longer intend, to refuse access to the document for the reason referred to in subparagraph (i);

then, for the purposes of the review by the Tribunal of that decision, this Act has effect as if subsection 12(2) , or that subsection as so modified, as the case requires, had not been enacted.