Commonwealth Numbered Acts

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FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 10

Unpublished documents not to prejudice public
10. (1) If a document required to be made available in accordance with
section 9, being a document containing a rule, guideline or practice relating
to a function of an agency, was not made available, or was not included in a
statement in the Gazette, as referred to in that section, before the time at
which a person did, or omitted to do, any act or thing relevant to the
performance of that function in relation to him (whether or not the time
allowed for publication of a statement in respect of the document had expired
before that time), that person, if he was not aware of that rule, guideline or
practice at that time, shall not be subjected to any prejudice by reason only
of the application of that rule, guideline or practice in relation to the
thing done or omitted to be done by him if he could lawfully have avoided that
prejudice had he been aware of that rule, guideline or practice.

(2) The reference in sub-section (1) to the time at which a person did, or
omitted to do, any act or thing relevant to the performance in relation to him
of a function of an agency does not include a reference to a time earlier than
-

   (a)  the expiration of the period of 12 months referred to in paragraph 9
        (2) (b) or, if that period has been extended in respect of the agency
        under sub-section 9 (5), the expiration of the period as extended; or

   (b)  the expiration of the period of 12 months after the day on which the
        agency came into existence, whichever is the later. 


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