Commonwealth Numbered Acts

Freedom of Information Amendment Act 1983 No. 81 of 1983 - SECT 14

14. After section 26 of the Principal Act the following section is inserted:
Procedure on request in respect of documents likely to affect
Commonwealth-State relations

''26A. (1) Where arrangements have been entered into between the Commonwealth
and a State with regard to consultation under this section, and it appears
that-

   (a)  a document that is the subject of a request originated with, or was
        received from, or contains information that originated with, or was
        received from, the State or an authority of the State; and

   (b)  the State may reasonably wish to contend that the document is an
        exempt document under section 33A,
a decision to grant access to the document shall not be made by the
agency or Minister concerned unless consultation has taken place between the
Commonwealth and the State in accordance with those arrangements.

''(2) Where, after consultation between the Commonwealth and a State in
pursuance of sub-section (1) has taken place in relation to a document, a
decision is made that the document is not an exempt document under section 33A
or under any other provision of this Act-

   (a)  the agency or Minister making the decision shall, in accordance with
        the arrangements, cause notice in writing of the decision to be given
        to the State as well as to the person who made the request; and

   (b)  access shall not be given to the document or, in the case of a
        document that contains information that originated with or was
        received from the State or an authority of the State, to the document
        so far as it contains that information, unless-

        (i)    the time for an application to the Tribunal by the State in
               accordance with section 58F for review of the decision that the
               document is not an exempt document under section 33A has
               expired and such an application has not been made; or

        (ii)   such an application has been made and the Tribunal has
               confirmed the decision that the document is not an exempt
               document under that section.''.