Australian Capital Territory Consolidated Acts

EXECUTIVE DOCUMENTS RELEASE ACT 2001 - SECT 8

    (1)     Before giving a copy of an accessible executive document to a person under section 7, the chief executive must assess whether it contains information that would, at the time of the assessment, make it an exempt document under the Freedom of Information Act 1989 , part 4 (Exempt documents), other than section 35 (Executive documents).

    (2)     The chief executive may (by a release restraint determination ) determine—

        (a)     that any part of the document containing the information is only to be released on or after the later release day; or

        (b)     for any information ( protected private information ) that would, at the time of the assessment, make it an exempt document under the Freedom of Information Act 1989 , section 41 (Documents affecting personal privacy)—

              (i)     that the part containing the information is only to be released on or after the later release day; or

              (ii)     that the part containing the information is not to be released at all.

    (3)     The determination must state the reasons for making the determination.

    (4)     Unless the determination states that the relevant part of the document is not to be released at all (see subsection (2) (b) (ii)), it—

        (a)     may determine a day for subsection (7) (a), by stating a particular day or providing a way of working out the day; and

        (b)     must explain how the later release day for the document is worked out under subsection (7).

    (5)     A copy of the determination must be kept with the document.

    (6)     The determination commences on the day it is made.

    (7)     The later release day for a part of the document is the earliest of the following:

        (a)     the determined day (if any) under subsection (4) (a);

        (b)     the day 5 years after the document's earliest release day;

        (c)     the next 1 July after the end of 20 years after the document's submission day;

        (d)     if the determination ceases to be in force—the day it ceases to be in force.

Note     The chief executive may, by instrument, change or revoke a release restraint determination at any time after its making. The power to change or revoke the determination is exercisable in the same way, and subject to the same conditions, as the power to make the determination. (See Legislation Act, s 46.)