(1) If the Commission
is satisfied on an application made under subsection (3) that a State archive
that is not a parliamentary record contains information of such exceptional
sensitivity that there should not be a right to be given access to it under
section 47, the Commission may direct that it is an exceptionally sensitive
archive.
(2) If the Commission
makes such a direction it must set the age of the archive at which, or the
event on the occurrence of which, it will cease to be an exceptionally
sensitive archive.
(3) An application may
be made to the Commission for such a direction by the government organization
that has control of a State archive or that transferred an archive to the
State archives collection or by an authorised applicant.
(4) The Commission
must review such a direction at least once in the 5 years after it is made
and, until the State archive ceases to be an exceptionally sensitive archive,
at least once in the 5 years after any review.
(5) When a State
archive ceases to be an exceptionally sensitive archive, a person has a right
to be given access to it, subject to section 49 and any express provision in
another written law, and the FOI Act does not apply to or in relation to it.