Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) The director may, on application by an agency, declare a record to be a record to which the disapplied provisions of the FOI Act apply.
(2) The director may make the declaration only if satisfied that the record contains a document that is (or, if the disapplied provisions applied, would be) an exempt document under 1 or more of the following provisions of the FOI Act:
(a) section 34 (1) (Documents affecting relations with Commonwealth and States);
(b) section 37 (Documents affecting enforcement of the law and protection of public safety);
(c) section 41 (Documents affecting personal privacy);
(d) section 42 (Documents subject to legal professional privilege);
(e) section 46 (Documents disclosure of which would be contempt of Legislative Assembly or a court).
(3) If the director makes a declaration under subsection (1) about a record of an agency—
(a) a person is not entitled to access to the record under this Act; and
(b) for a record of a royal commission, board of inquiry or judicial commission—the FOI Act applies as if the commission or board were a prescribed authority.
Note A record to which a declaration applies may be accessed under the FOI Act.
(4) In this section:
"disapplied provisions" means the FOI Act, part 3 (Access to documents) (other than sections 24 (Information as to existence of certain documents) and 26 (Procedure on request in respect of documents likely to affect relations between the Territory and the Commonwealth or a State)) and part 4 (Exempt documents).