Australian Capital Territory Consolidated Acts

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FREEDOM OF INFORMATION ACT 1989 - SECT 21

Deletion of exempt matter

    (1)     Where—

        (a)     a decision is made not to grant a request for access to a document on the ground that it is an exempt document; and

        (b)     it is possible for the agency or Minister to make a copy of the document with such deletions that the copy would not be an exempt document and would not, because of the deletions, be misleading; and

        (c)     it is reasonably practicable for the agency or Minister, having regard to the nature and extent of the work involved in deciding on and making those deletions and the resources available for that work, to make such a copy;

the agency or Minister shall, unless it is apparent from the request or as a result of consultation by the agency or Minister with the applicant, that the applicant would not wish to have access to such a copy, make, and grant access to, such a copy.

    (2)     Where access is granted to a copy of a document in accordance with subsection (1)—

        (a)     the applicant shall be informed—

              (i)     that it is such a copy; and

              (ii)     of the provision of this Act by virtue of which any matter deleted is exempt matter; and

        (b)     section 25 does not apply to the decision that the applicant is not entitled to access to the whole of the document unless the applicant requests the agency or Minister to give to the applicant a notice in writing in accordance with that section.



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