Australian Capital Territory Consolidated Acts

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FREEDOM OF INFORMATION ACT 1989 - SECT 68

Review of certain decisions in respect of documents relating to the Commonwealth or a State

    (1)     Where notice of a decision that a document is not an exempt document under section 34 or under any other provision of this Act has been given in accordance with section 26 (2) to the Commonwealth or a State, the Commonwealth or the State may apply to the ACAT for a review of the decision that the document is not an exempt document under section 34.

    (2)     Where an application is made under subsection (1)—

        (a)     the provisions of this part (other than sections 60 and 71) apply in like manner as they apply to an application for review of a decision refusing to grant access to a document; and

        (b)     the agency or Minister concerned shall, as soon as possible, inform the person who made the request of the application.

    (3)     Where—

        (a)     after consultation between the Territory and the Commonwealth or the Territory and a State in accordance with arrangements of the kind referred to in section 26, a decision is made not to grant access to the document to which the consultation relates; and

        (b)     an application is made to the ACAT for a review of the decision;

the agency or Minister concerned shall, as soon as possible, inform the Commonwealth or the State in accordance with those arrangements of the application.



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