Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) Where—
(a) a request is received by an agency or Minister in respect of a document containing information concerning a person in respect of the person's business or professional affairs or concerning the business, commercial or financial affairs of an organisation or undertaking; and
(b) it appears to the officer or Minister dealing with the request, or to a person reviewing under section 59 a decision refusing the request, that the person or organisation, or the proprietor of the undertaking, referred to in paragraph (a) might reasonably wish to contend that the document is an exempt document under section 43;
a decision to grant access under this Act to the document, so far as it contains the information referred to in paragraph (a), shall not be made unless, where it is reasonably practicable to do so having regard to all the circumstances, including the application of section 18—
(c) the agency or Minister has given to that person or organisation or the proprietor of that undertaking a reasonable opportunity of making submissions in support of a contention that the document is an exempt document under section 43; and
(d) the person making the decision has had regard to any submissions so made.
(2) Where, after any submissions have been made in accordance with subsection (1), a decision is made that the document, so far as it contains the information referred to in subsection (1) (a), is not an exempt document under section 43—
(a) the agency or Minister shall cause notice in writing of the decision to be given to the person who made the submissions, as well as to the person who made the request; and
(b) access shall not be given to the document, so far as it contains the information referred to in subsection (1) (a), unless—
(i) the time for the person to apply to the ACAT under section 69 (Review of certain decisions in respect of documents relating to business affairs etc) 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 that Act, s 55.