Australian Capital Territory Consolidated Acts

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FREEDOM OF INFORMATION ACT 1989 - SECT 11

Pt 3 not to apply to certain documents

    (1)     A person is not entitled to obtain access under this part to—

        (a)     a document that is open to public access, as part of a public register or otherwise, in accordance with another enactment, where that access is subject to a fee or other charge; or

        (b)     a document that is available for purchase by the public in accordance with arrangements made by an agency; or

        (c)     library material maintained for reference purposes.

    (2)     A person is not entitled to obtain access under this part to a notebook or similar document (the Cabinet notebook ) containing notes of any discussion or deliberation taking place at a meeting of the Executive or of a committee of the Executive, made in the course of the discussion or deliberation by, or under the authority of, the Secretary to the Executive.

    (3)     A person is not entitled to obtain access under this part to a document or a part of a document that became a document of a Commonwealth agency or an official document of a Commonwealth Minister before 1 January 1977 unless—

        (a)     the document or that part of the document contains personal information about the person; or

        (b)     the document or that part of the document is a document or a part of a document access to which is reasonably necessary to enable a proper understanding of a document of an agency or an official document of a Minister to which that person has lawfully had access.

    (4)     Regulations may be made modifying subsection (3) so as to enable a person to obtain access under this part to documents to which, but for the making of those regulations, the person would not be entitled to access because of that subsection.

    (5)     References in subsection (4) to subsection (3) include references to subsection (3) as previously modified under regulations made under subsection (4).



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