Commonwealth Numbered Acts

FREEDOM OF INFORMATION LAWS AMENDMENT ACT 1986 No. 111 of 1986 - SECT 24

24. Regulations 5, 6 and 7 of the Regulations are repealed and the following
regulations are substituted: Application fees

"5. For the purposes of sub-section 4 (8) of the Act-

   (a)  an application fee of $30 is, subject to regulation 6, applicable in
        respect of an application under sub-section 15 (1) of the Act; and

   (b)  an application fee of $40 is, subject to regulation 6, applicable in
        respect of an application under sub-section 54 (1) of the Act. Charges
        and fees not applicable in relation to certain documents

"6. (1) In this regulation, 'prescribed benefit' means a pension, allowance or
benefit payable under-

   (a)  the Seamen's War Pensions and Allowances Act 1940;

   (b)  the Social Security Act 1947;

   (c)  the Student Assistance Act 1973; or

   (d)  the Veterans' Entitlements Act 1986, and any payment of a like nature
        the purpose of which is to provide income support to persons of
        inadequate means.

"(2) Regulation 4 does not apply in relation to a request for, or the
provision of, access to a document-

   (a)  that contains information (in this sub-regulation referred to as
        'relevant information') relating to a claim for, or a decision in
        relation to, the payment to the applicant of a prescribed benefit; and

   (b)  to which the applicant-

        (i)    has not, pursuant to a request, had access during the period of
               3 months immediately preceding the day on which the
               first-mentioned request was made; or

        (ii)   has, pursuant to a request, had access during the period
               referred to in sub-paragraph (i) but the contents of which, in
               so far as they relate to relevant information, have (whether by
               way of addition, omission or alteration) been modified in a
               material particular after the day on which the applicant last
               had, pursuant to a request, access to the document.

"(3) Regulation 5 does not apply in relation to-

   (a)  an application under sub-section 15 (1) of the Act requesting access
        to a document; or

   (b)  an application under sub-section 54 (1) of the Act requesting the
        review of a decision relating to a request for access to a document,
        being a document-

   (c)  that contains information (in this sub-regulation referred to as
        'relevant information') relating to a claim for, or a decision in
        relation to, the payment to the applicant of a prescribed benefit; and

   (d)  to which the applicant-

        (i)    has not, pursuant to a request, had access during the period of
               3 months immediately preceding the day on which the application
               referred to in paragraph (a) or the request for access referred
               to in paragraph (b), as the case may be, was made; or

        (ii)   has, pursuant to a request, had access during the period
               referred to in sub-paragraph (i) but the contents of which, in
               so far as they relate to relevant information, have (whether by
               way of addition, omission or alteration) been modified in a
               material particular after the day on which the applicant last
               had, pursuant to a request, access to the document.".