Commonwealth Numbered Acts

Freedom of Information Amendment Act 1983 No. 81 of 1983 - SECT 33

33. Section 58 of the Principal Act is amended-

   (a)  by omitting from sub-section (1) ''sub-section (2)'' and
substituting ''this section'';

         (b)  by omitting from sub-section (2) ''this section'' and
substituting ''this Act'';

   (c)  by omitting sub-sections (3) and (4) and substituting the following
        sub-sections:

''(3) Where there is in force in respect of a document a certificate under
section 33, 33A, 34, 35 or 36, the powers of the Tribunal do not extend to
reviewing the decision to give the certificate, but the Tribunal, constituted
in accordance with section 58B, may determine such question in relation to
that certificate as is provided for in whichever of sub-sections (4), (5) and
(5A) applies in relation to that certificate.

''(4) Where application is or has been made to the Tribunal for the review of
a decision refusing to grant access to a document in accordance with a
request, being a document that is claimed to be an exempt document under
section 33, 33A, 34 or 35 and in respect of which a certificate (other than a
certificate of a kind referred to in sub-section (5A)) is in force under that
section, the Tribunal shall, if the applicant so requests, determine the
question whether there exist reasonable grounds for that claim.'';

   (d)  by omitting from sub-section (5) ''refer to the Document Review
        Tribunal'' and substituting ''determine'';

   (e)  by inserting after sub-section (5) the following sub-section:

''(5A) Where application is or has been made to the Tribunal for the review of
a decision refusing to grant access to a document in accordance with a
request, being a document as described in the request in respect of which a
certificate is in force under sub-section 33 (4) or 33A (4), the Tribunal
shall, if the applicant so requests, determine the question whether there
exist reasonable grounds for the claim that information as to the existence or
non-existence of the document as so described would, if contained in a
document of an agency-

   (a)  in a case where the certificate was given under sub-section 33
        (4)-cause the disclosure under this Act of that document of an agency
        to be contrary to the public interest for a reason specified in
        sub-section 33 (1); or

   (b)  in a case where the certificate was given under sub-section 33A
        (4)-cause that document of an agency to be an exempt document under
        section 33A.''; and

   (f)  by adding at the end thereof the following sub-section:

''(7) Where-

   (a)  application is or has been made to the Administrative Appeals Tribunal
        for review of a decision refusing to grant a person access to a
        document in accordance with a request; and

   (b)  the agency to which or the Minister to whom the request was made-

        (i)    has given to the applicant a notice under this Act of the
               decision, being a notice that does not include a statement (in
               whatever terms expressed) to the effect that access to the
               document is being refused for the reason that, by virtue of the
               operation of sub-section 12 (2) or of that sub-section as
               modified by regulations in pursuance of sub-section 12 (3), the
               applicant is not entitled to access to that document; or

        (ii)   informs or has informed the Tribunal, either before or in the
               course of the proceeding for the review of the decision, that
               the agency or the Minister, as the case requires, does not
               intend, or does not any longer intend, to refuse access to the
               document for the reason referred to in sub-paragraph (i),

then, for the purposes of the review by the Tribunal of that decision,
this Act has effect as if sub-section 12 (2), or that sub-section as so
modified, as the case requires, had not been enacted.''.