Freedom of Information Act 1982
View history note
Hide history noteScope
55T(1)
This section applies to an IC review of a decision in relation to a document if:
(a) the principal officer of an agency or a Minister claims that the document is an exempt document; and
(b) section 55U does not apply to the document.
Note:
Section 55U deals with the production of documents that are claimed to be exempt documents under section 33 (national security etc), 34 (Cabinet documents) or 45A (Parliamentary Budget Office documents).
Exempt document produced under obligation
55T(2)
The Information Commissioner may, for the purposes of deciding whether the document is an exempt document, require the document to be produced.
55T(3)
If the Information Commissioner is satisfied that the document is an exempt document, the Information Commissioner must return the document to the person by who it was produced.
Production to determine whether access can be given to part of document
55T(4)
The Information Commissioner may require the production of an exempt document for the purpose of determining whether it is practicable for an agency or a Minister to give access to an edited copy of the document.
55T(5)
If the document is produced to the Information Commissioner (whether under this section or voluntarily), only the following persons may have access to the document, or to the contents of the document:
(a) the Information Commissioner;
(b) a member of the staff of the Information Commissioner in the course of the performance of his or her duties as a member of that staff.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
