Commonwealth Numbered Acts

Freedom of Information Amendment Act 1983 No. 81 of 1983 - SECT 46

46. (1) Where-

   (a)  before the commencement of this section, a decision has been made upon
        a request for access to a document of an agency or an official
        document of a Minister under the Principal Act;

   (b)  the decision refused access to the document on the ground, or on
        grounds that include the ground, that the document is not a document
        to which, by virtue of section 12 of that Act, a person is entitled to
        access under Part III of that Act or is an exempt document under
        section 33, 34, 35, 37, 39 or 40 of that Act or under any 2 or more of
        those sections; and

   (c)  the person who made the request was, immediately before the
        commencement of this section, entitled to apply for review of the
        decision under section 55 of the Principal Act,
the person who made the request, may, within 14 days after the commencement of
this section or within such further period as the principal officer of the
agency or the Minister, as the case requires, allows, apply in writing to the
principal officer of the agency or to the Minister, as the case requires, for
his request for access to that document to be reconsidered and, where he does
so, the principal officer of the agency or the Minister, as the case requires,
shall forthwith arrange for himself or a person authorized by him to
reconsider the request as if it had been lodged on the date of that
application and to make a fresh decision.

(2) Sub-section 54 (1) of the Principal Act does not apply in relation to a
decision made upon reconsideration under sub-section (1) of a request for
access to a document.