Freedom of Information Amendment (Reform) Act 2010 (51 of 2010)

Schedule 6   Other amendments

Part 1   Amendments to the Freedom of Information Act 1982

Freedom of Information Act 1982

33   Section 24A

Repeal the section, substitute:

24A Requests may be refused if documents cannot be found, do not exist or have not been received

Document lost or non-existent

(1) An agency or Minister may refuse a request for access to a document if:

(a) all reasonable steps have been taken to find the document; and

(b) the agency or Minister is satisfied that the document:

(i) is in the agency's or Minister's possession but cannot be found; or

(ii) does not exist.

Document not received as required by contract

(2) An agency may refuse a request for access to a document if:

(a) in order to comply with section 6C, the agency has taken contractual measures to ensure that it receives the document; and

(b) the agency has not received the document; and

(c) the agency has taken all reasonable steps to receive the document in accordance with those contractual measures.