Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) Where arrangements have been entered into between the Territory and the Commonwealth or the Territory and a State with regard to consultation under this section and it appears that—
(a) a document that is the subject of a request originated with, or was received from, or contains information that originated with, or was received from, the Commonwealth or the State or an authority of the Commonwealth or the State; and
(b) the Commonwealth or the State may reasonably wish to contend that the document is an exempt document under section 34;
a decision to grant access to the document shall not be made by the agency or Minister concerned unless consultation has taken place between the Territory and the Commonwealth or the Territory and the State in accordance with those arrangements.
(2) Where, after consultation between the Territory and the Commonwealth or the Territory and a State as mentioned in subsection (1) in relation to a document, a decision is made that the document is not an exempt document under section 34 or under any other provision of this Act—
(a) the agency or Minister making the decision shall, in accordance with the arrangements, cause notice in writing of the decision to be given to the Commonwealth or the State, as the case may be, as well as to the person who made the request; and
(b) access shall not be given to the document or, in the case of a document that contains information that originated with or was received from the Commonwealth, the State or an authority of the Commonwealth or the State, to the document so far as it contains that information, unless—
(i) the time for the Commonwealth or State to apply to the ACAT under section 68 (Review of certain decisions in respect of documents relating to the Commonwealth or a State) ends and no application is made; or
(ii) an application is made, but the ACAT—
(A) dismisses the application; or
(B) makes a decision in relation to the application in accordance with terms agreed by the parties; or
(iii) an application is made and the ACAT confirms the decision to which the application relates.
Note The ACAT may dismiss an application under the ACT Civil and Administrative Tribunal Act 2008 , s 32 (2) (a) or (b), and may make a decision in accordance with terms agreed by the parties under s 55.