Freedom of Information Act 1982

Div 2 inserted by No 51 of 2010, s 3 and Sch 3 item 24, applicable in relation to requests for access made under section   15 of the Freedom of Information Act 1982 that are received at or after 1 November 2010.

S 43 repealed by No 51 of 2010, s 3 and Sch 3 item 29, applicable in relation to requests for access made under section   15 of the Freedom of Information Act 1982 that are received at or after 1 November 2010. S 43 formerly read:

SECTION 43 Documents relating to business affairs etc.  
43(1)
A document is an exempt document if its disclosure under this Act would disclose:

(a) trade secrets;

(b) any other information having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or

(c) information (other than trade secrets or information to which paragraph (b) applies) concerning a person in respect of his or her business or professional affairs or concerning the business, commercial or financial affairs of an organization or undertaking, being information:

(i) the disclosure of which would, or could reasonably be expected to, unreasonably affect that person adversely in respect of his or her lawful business or professional affairs or that organization or undertaking in respect of its lawful business, commercial or financial affairs; or

(ii) the disclosure of which under this Act could reasonably be expected to prejudice the future supply of information to the Commonwealth or an agency for the purpose of the administration of a law of the Commonwealth or of a Territory or the administration of matters administered by an agency.

43(2)
The provisions of subsection (1) do not have effect in relation to a request by a person for access to a document:

(a) by reason only of the inclusion in the document of information concerning that person in respect of his or her business or professional affairs;

(b) by reason only of the inclusion in the document of information concerning the business, commercial or financial affairs of an undertaking where the person making the request is the proprietor of the undertaking or a person acting on behalf of the proprietor; or

(c) by reason only of the inclusion in the document of information concerning the business, commercial or financial affairs of an organization where the person making the request is the organization or a person acting on behalf of the organization.

43(3)
A reference in this section to an undertaking includes a reference to an undertaking that is carried on by, or by an authority of, the Commonwealth or a State or by a local government authority.

43(4)
For the purposes of paragraph (1)(c), information is not taken to concern a person in respect of the person's professional affairs merely because it is information concerning the person's status as a member of a profession.