Freedom of Information Act 1982

PART VII - REVIEW BY INFORMATION COMMISSIONER  

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History

Pt VII 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.

Division 7 - Decision on IC review  

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History

Div 7 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.

SECTION 55P   Decision on IC review - enforcement of decision against agency  

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55P(1)    
If the principal officer of an agency or a Minister fails to comply with section 55N , an application may be made to the Federal Court of Australia for an order directing the principal officer or Minister to comply.

55P(2)    
The application may be made by:

(a) the Information Commissioner; or

(b) the IC review applicant.

55P(3)    
The court may make any other orders that it thinks fit to secure compliance by the principal officer or the Minister.

55P(4)    
An application under subsection (1) may only be made if:

(a) the time has ended for making an application to the Tribunal under section 57A for review of the Information Commissioner's decision; and

(b) such an application is not made before the end of the time.

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History

S 55P 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.

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