[pic] Freedom of Information Act 1982 Act No. 3 of 1982 as amended This compilation was prepared on 10 July 2008 taking into account amendments up to Act No. 66 of 2008 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents Part I-Preliminary 1 1 Short title [see Note 1] 1 2 Commencement [see Note 1] 1 3 Object 1 4 Interpretation 2 4A Certain legislation relating to Australian Capital Territory not to be enactment 10 5 Act to apply to courts in respect of administrative matters 10 6 Act to apply to certain tribunals in respect of administrative matters 11 6A Official Secretary to the Governor-General 11 6B Eligible case managers 12 7 Exemption of certain persons and bodies 12 Part II-Publication of certain documents and information 14 8 Publication of information concerning functions and documents of agencies 14 9 Certain documents to be available for inspection and purchase 15 10 Unpublished documents not to prejudice public 19 Part III-Access to documents 20 11 Right of access 20 12 Part not to apply to certain documents 20 13 Documents in certain institutions 21 14 Access to documents apart from Act 22 15 Requests for access 22 15A Request for access to personnel records 23 16 Transfer of requests 24 17 Requests involving use of computers etc. 26 18 Access to documents to be given on request 26 20 Forms of access 27 21 Deferment of access 28 22 Deletion of exempt matter or irrelevant material 28 23 Decisions to be made by authorised persons 29 24 Requests may be refused in certain cases 30 24A Requests may be refused if documents cannot be found or do not exist 32 25 Information as to existence of certain documents 32 26 Reasons and other particulars of decisions to be given 33 26A Procedure on request in respect of documents likely to affect Commonwealth-State relations 34 27 Procedure on request in respect of documents relating to business affairs etc. 35 27A Procedure on request in respect of documents containing personal information 36 28 Information Access Offices 38 29 Charges 38 30A Remission of application fees 41 31 Certain periods to be disregarded for the purposes of processing requests 43 Part IV-Exempt documents 45 32 Interpretation 45 33 Documents affecting national security, defence or international relations 45 33A Documents affecting relations with States 46 34 Cabinet documents 48 35 Executive Council documents 50 36 Internal working documents 51 36A Periods for which certain certificates remain in force 53 37 Documents affecting enforcement of law and protection of public safety 53 38 Documents to which secrecy provisions of enactments apply 54 39 Documents affecting financial or property interests of the Commonwealth 55 40 Documents concerning certain operations of agencies 55 41 Documents affecting personal privacy 56 42 Documents subject to legal professional privilege 58 43 Documents relating to business affairs etc. 58 43A Documents relating to research 59 44 Documents affecting national economy 60 45 Documents containing material obtained in confidence 60 46 Documents disclosure of which would be contempt of Parliament or contempt of court 61 47 Certain documents arising out of companies and securities legislation 61 47A Electoral rolls and related documents 62 Part V-Amendment and annotation of personal records 64 48 Application for amendment or annotation of personal records 64 49 Requirements of an application for amendment 64 50 Amendment of records 65 51 Annotations of records etc. following unsuccessful applications for amendments of records 66 51A Requirements of an application for annotation 66 51B Annotation of records 67 51C Transfer of requests 67 51D Notification etc. of a decision under this Part 69 51E Comments on annotations 70 Part VI-Review of decisions 71 53 Interpretation 71 54 Internal review 71 55 Applications to Administrative Appeals Tribunal 74 56 Application to Tribunal where decision delayed 76 57 Complaints to Ombudsman 78 58 Powers of Tribunal 80 58A Proceedings upon exercise of powers under subsection 58(4), (5) or (5A) 82 58B Constitution of Tribunal for purposes of proceedings under subsection 58(4), (5) or (5A) 83 58C Hearing of certain proceedings before the Tribunal 84 58D Modification of section 42 of the Administrative Appeals Tribunal Act 1975 87 58E Production to the Tribunal of documents in relation to which a certificate has been issued 87 58F Review of certain decisions in respect of documents relating to the Government of a State 88 59 Review of certain decisions in respect of documents relating to business affairs etc. 89 59A Review of certain decisions in respect of documents containing personal information 90 60 Parties 90 61 Onus 91 62 Application of section 28 of Administrative Appeals Tribunal Act etc. 91 63 Tribunal to ensure non-disclosure of certain matters 92 64 Production of exempt documents 92 65 Evidence of certificates 95 66 Tribunal may make recommendation that costs be available in certain circumstances 95 Part VIII-Miscellaneous 97 91 Protection against certain actions 97 92 Protection in respect of offences 99 92A Notices etc. may be given by post 100 93 Reports to Parliament 100 94 Regulations 102 Schedule 1-Courts and tribunals exempt in respect of non-administrative matters 104 Schedule 2 105 Part I-Exempt agencies 105 Division 1 105 Division 2 106 Part II-Agencies exempt in respect of particular documents 107 Division 1 107 Division 2 110 Part III-Legislation relating to agencies exempt in respect of documents in relation to their commercial activities 111 Schedule 3-Secrecy provisions 112 Schedule 4-Research institutions 114 Notes 115 An Act to give to members of the public rights of access to official documents of the Government of the Commonwealth and of its agencies Part I-Preliminary 1 Short title [see Note 1] This Act may be cited as the Freedom of Information Act 1982. 2 Commencement [see Note 1] The several Parts of this Act shall come into operation on such respective dates as are fixed by Proclamation. 3 Object (1) The object of this Act is to extend as far as possible the right of the Australian community to access to information in the possession of the Government of the Commonwealth by: (a) making available to the public information about the operations of departments and public authorities and, in particular, ensuring that rules and practices affecting members of the public in their dealings with departments and public authorities are readily available to persons affected by those rules and practices; and (b) creating a general right of access to information in documentary form in the possession of Ministers, departments and public authorities, limited only by exceptions and exemptions necessary for the protection of essential public interests and the private and business affairs of persons in respect of whom information is collected and held by departments and public authorities; and (c) creating a right to bring about the amendment of records containing personal information that is incomplete, incorrect, out of date or misleading. (2) It is the intention of the Parliament that the provisions of this Act shall be interpreted so as to further the object set out in subsection (1) and that any discretions conferred by this Act shall be exercised as far as possible so as to facilitate and promote, promptly and at the lowest reasonable cost, the disclosure of information. 4 Interpretation (1) In this Act, unless the contrary intention appears: ACT enactment means an enactment as defined by section 3 of the Australian Capital Territory (Self-Government) Act 1988. agency means a Department, a prescribed authority or an eligible case manager. applicant means a person who has made a request. Cabinet notebook means a notebook or other like record that contains notes of discussions or deliberations taking place in a meeting of the Cabinet or of a committee of the Cabinet, being notes made in the course of those discussions or deliberations by, or under the authority of, the Secretary to the Cabinet. Commission of inquiry has the same meaning as it has in the Quarantine Act 1908. Defence Imagery and Geospatial Organisation means that part of the Department of Defence known as the Defence Imagery and Geospatial Organisation. Defence Intelligence Organisation means that part of the Department of Defence known as the Defence Intelligence Organisation. Defence Signals Directorate means that part of the Department of Defence known as the Defence Signals Directorate. Department means a Department of the Australian Public Service that corresponds to a Department of State of the Commonwealth but does not include the branch of the Australian Public Service comprising the transitional staff as defined by section 3 of the A.C.T. Self- Government (Consequential Provisions) Act 1988. document includes: (a) any of, or any part of any of, the following things: (i) any paper or other material on which there is writing; (ii) a map, plan, drawing or photograph; (iii) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; (iv) any article or material from which sounds, images or writings are capable of being reproduced with or without the aid of any other article or device; (v) any article on which information has been stored or recorded, either mechanically or electronically; (vi) any other record of information; or (b) any copy, reproduction or duplicate of such a thing; or (c) any part of such a copy, reproduction or duplicate; but does not include: (d) library material maintained for reference purposes; or (e) Cabinet notebooks. document of an agency or document of the agency means a document in the possession of an agency, or in the possession of the agency concerned, as the case requires, whether created in the agency or received in the agency. edited copy, in relation to a document, means a copy of the document from which deletions have been made under section 22. eligible case manager means an entity (within the meaning of the Employment Services Act 1994): (a) that is, or has at any time been, a contracted case manager within the meaning of that Act; and (b) that is not: (i) a Department; or (ii) a prescribed authority. enactment means, subject to section 4A: (a) an Act; (b) an Ordinance of the Australian Capital Territory; or (c) an instrument (including rules, regulations or by-laws) made under an Act or under such an Ordinance and includes an enactment as amended by another enactment. exempt content-service document means: (a) a document containing content, or a record of content (within the meaning of Schedule 7 to the Broadcasting Services Act 1992), that: (i) has been delivered by, or accessed using, a content service (within the meaning of that Schedule); and (ii) was offensive content-service content when it was delivered by, or accessed using, that content service; or (b) a document that sets out how to access, or that is likely to facilitate access to, offensive content-service content (for example, by setting out the name of an Internet site, an IP address, a URL or a password). exempt document means: (a) a document which, by virtue of a provision of Part IV, is an exempt document; (b) a document in respect of which, by virtue of section 7, an agency is exempt from the operation of this Act; or (c) an official document of a Minister that contains some matter that does not relate to the affairs of an agency or of a Department of State. exempt Internet-content document means: (a) a document containing information (within the meaning of Schedule 5 to the Broadcasting Services Act 1992) that: (i) has been copied from the Internet; and (ii) was offensive Internet content when it was accessible on the Internet; or (b) a document that sets out how to access, or that is likely to facilitate access to, offensive Internet content (for example: by setting out the name of an Internet site, an IP address, a URL, a password, or the name of a newsgroup). exempt matter means matter the inclusion of which in a document causes the document to be an exempt document. offensive content-service content means content (within the meaning of Schedule 7 to the Broadcasting Services Act 1992) that is: (a) delivered by, or accessed using, a content service (within the meaning of that Schedule); and (b) either: (i) prohibited content (within the meaning of that Schedule); or (ii) potential prohibited content (within the meaning of that Schedule). offensive Internet content means Internet content (within the meaning of Schedule 5 to the Broadcasting Services Act 1992) that is: (a) prohibited content (within the meaning of Schedule 5 to that Act as in force before the commencement of Schedule 7 to that Act); or (b) potential prohibited content (within the meaning of Schedule 5 to that Act as in force before the commencement of Schedule 7 to that Act). officer, in relation to an agency, includes a member of the agency or a member of the staff of the agency. official document of a Minister or official document of the Minister means a document that is in the possession of a Minister, or that is in the possession of the Minister concerned, as the case requires, in his or her capacity as a Minister, being a document that relates to the affairs of an agency or of a Department of State and, for the purposes of this definition, a Minister shall be deemed to be in possession of a document that has passed from his or her possession if he or she is entitled to access to the document and the document is not a document of an agency. Ombudsman means the Commonwealth Ombudsman. Ordinance, in relation to the Australian Capital Territory, includes a law of a State that applies, or the provisions of a law of a State that apply, in the Territory by virtue of an enactment (other than a law that is, or provisions that are an ACT enactment). personal information means information or an opinion (including information forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. prescribed authority means: (a) a body corporate, or an unincorporated body, established for a public purpose by, or in accordance with the provisions of, an enactment or an Order-in-Council, other than: (i) an incorporated company or association; or (ii) a body that, under subsection (2), is not to be taken to be a prescribed authority for the purposes of this Act; or (iii) the Australian Capital Territory House of Assembly; or (iv) the Legislative Assembly of the Northern Territory or the Executive Council of the Northern Territory; or (v) the Legislative Assembly of the Territory of Norfolk Island; or (vi) a Royal Commission; or (vii) the Commission of inquiry; (b) any other body, whether incorporated or unincorporated, declared by the regulations to be a prescribed authority for the purposes of this Act, being: (i) a body established by the Governor-General or by a Minister; or (ii) an incorporated company or association over which the Commonwealth is in a position to exercise control; (c) subject to subsection (3), the person holding, or performing the duties of, an office established by an enactment or an Order-in-Council; or (d) the person holding, or performing the duties of, an appointment declared by the regulations to be an appointment the holder of which is a prescribed authority for the purposes of this Act, being an appointment made by the Governor-General, or by a Minister, otherwise than under an enactment or an Order-in- Council. principal officer means: (a) in relation to a Department-the person holding, or performing the duties of, the office of Secretary of the Department; or (b) in relation to a prescribed authority: (i) if the regulations declare an office to be the principal office in respect of the authority-the person holding, or performing the duties of, that office; or (ii) in any other case-the person who constitutes that authority or, if the authority is constituted by 2 or more persons, the person who is entitled to preside at any meeting of the authority at which he or she is present; or (c) in relation to an eligible case manager: (i) if the eligible case manager is an individual-the individual; or (ii) in any other case-the individual who has primary responsibility for the management of the eligible case manager. request means an application made under subsection 15(1). responsible Minister means: (a) in relation to a Department-the Minister administering the relevant Department of State; or (b) in relation to a prescribed authority referred to in paragraph (a) of the definition of prescribed authority-the Minister administering the part of the enactment by which, or in accordance with the provisions of which, the prescribed authority is established; or (c) in relation to a prescribed authority referred to in paragraph (c) of that definition-the Minister administering the part of the enactment by which the office is established; or (d) in relation to any other prescribed authority-the Minister declared by the regulations to be the responsible Minister in respect of that authority; or (e) in relation to an eligible case manager-the Minister administering the Employment Services Act 1994; or another Minister acting for and on behalf of that Minister. State includes the Australian Capital Territory and the Northern Territory. Tribunal means the Administrative Appeals Tribunal. (2) An unincorporated body, being a board, council, committee, sub- committee or other body established by, or in accordance with the provisions of, an enactment for the purpose of assisting, or performing functions connected with, a prescribed authority shall not be taken to be a prescribed authority for the purposes of this Act, but shall be deemed to be comprised within that prescribed authority. (3) A person shall not be taken to be a prescribed authority: (a) by virtue of his or her holding: (i) an office of member of the Legislative Assembly for the Australian Capital Territory; (ii) an office of member of the Legislative Assembly of the Northern Territory or of Administrator or of Minister of the Northern Territory; or (iii) an office of member of the Legislative Assembly of the Territory of Norfolk Island or of Administrator or Deputy Administrator of that Territory or an executive office created pursuant to section 12 of the Norfolk Island Act 1979; or (b) by virtue of his or her holding, or performing the duties of: (i) a prescribed office; (ii) an office the duties of which he or she performs as duties of his or her employment as an officer of a Department or as an officer of or under a prescribed authority; (iii) an office of member of a body; or (iv) an office established by an enactment for the purposes of a prescribed authority. (4) For the purposes of this Act, the Department of Defence shall be deemed to include: (a) the Defence Force; (b) the Australian Army Cadets; (c) the Australian Navy Cadets; and (d) the Australian Air Force Cadets. (5) Without limiting the generality of the expression security of the Commonwealth, that expression shall be taken to extend to: (a) matters relating to the detection, prevention or suppression of activities, whether within Australia or outside Australia, subversive of, or hostile to, the interests of the Commonwealth or of any country allied or associated with the Commonwealth; and (b) the security of any communications system or cryptographic system of the Commonwealth or of another country used for: (i) the defence of the Commonwealth or of any country allied or associated with the Commonwealth; or (ii) the conduct of the international relations of the Commonwealth. (6) Where an agency is abolished, then, for the purposes of this Act: (a) if the functions of the agency are acquired by another agency- any request made to the first-mentioned agency shall be deemed to have been made to, and any decision made by the first- mentioned agency in respect of a request made to it shall be deemed to have been made by, the other agency; (b) if the functions of the agency are acquired by more than one other agency-any request made to the first-mentioned agency shall be deemed to have been made to, and any decision made by the first-mentioned agency in respect of a request made to it shall be deemed to have been made by, whichever of those other agencies has acquired the functions of the first-mentioned agency to which the document the subject of the request most closely relates; and (c) if the documents of the agency are deposited with the Australian Archives-any request made to the agency shall be deemed to have been made to, and any decision made by the agency in respect of a request made by it shall be deemed to have been made by, the agency to the functions of which the document the subject of the request most closely relates. (7) If the agency to which a request is so deemed to have been made, or by which a decision upon a request is so deemed to have been made, was not itself in existence at the time when the request or decision was deemed so to have been made, then, for the purposes only of dealing with that request or decision under this Act, that agency shall be deemed to have been in existence at that time. (8) For the purposes of this Act, where regulations for the purposes of this subsection declare that an application fee is applicable in respect of an application under subsection 15(1) or 54(1), there shall be taken to be an application fee in respect of the application. (9) For the purposes of the application of the definition of responsible Minister in subsection (1) of this Act (other than sections 8 and 93), the reference in that definition to the Minister administering a Department is a reference to the Minister to whom the Department is responsible in respect of the matter in respect of which this Act is being applied. 4A Certain legislation relating to Australian Capital Territory not to be enactment (1) ACT enactments are not enactments. (2) The Australian Capital Territory (Self-Government) Act 1988 and the Canberra Water Supply (Googong Dam) Act 1974 are not enactments. (3) Part IV, sections 29 and 30, subsection 63(2), section 66 and Division 5 of Part X of the Australian Capital Territory Planning and Land Management Act 1988 are not enactments. (4) Where the whole of an Act or Ordinance is not an enactment, an instrument made under it is not an enactment. (5) Where part of an Act or Ordinance is not an enactment, an instrument made under the Act or Ordinance, as the case may be, is not an enactment unless made for the purposes of the other part of the Act or Ordinance, as the case may be. 5 Act to apply to courts in respect of administrative matters For the purposes of this Act: (a) a court shall be deemed to be a prescribed authority; (b) the holder of a judicial office or other office pertaining to a court in his or her capacity as the holder of that office, being an office established by the legislation establishing the court, shall be deemed not to be a prescribed authority and shall not be included in a Department; and (c) a registry or other office of a court, and the staff of such a registry or other office when acting in a capacity as members of that staff, shall be taken as a part of the court; but this Act does not apply to any request for access to a document of the court unless the document relates to matters of an administrative nature. 6 Act to apply to certain tribunals in respect of administrative matters For the purposes of this Act: (a) each tribunal, authority or body specified in Schedule 1 is deemed to be a prescribed authority; (b) the holder of an office pertaining to a tribunal, authority or body specified in Schedule 1, being an office established by the legislation establishing the tribunal, authority or body so specified in his or her capacity as the holder of that office, is not to be taken to be a prescribed authority or to be included in a Department; and (c) a registry or other office of or under the charge of a tribunal, authority or body specified in Schedule 1, and the staff of such a registry or other office when acting in a capacity as members of that staff, shall be taken as a part of the tribunal, authority or body so specified as a prescribed authority; but this Act does not apply to any request for access to a document of a tribunal, authority or body so specified unless the document relates to matters of an administrative nature. 6A Official Secretary to the Governor-General (1) This Act does not apply to any request for access to a document of the Official Secretary to the Governor-General unless the document relates to matters of an administrative nature. (2) For the purposes of this Act, a document in the possession of a person employed under section 13 of the Governor-General Act 1974 that is in his or her possession by reason of his or her employment under that section shall be taken to be in the possession of the Official Secretary to the Governor-General. 6B Eligible case managers This Act only applies to a request for access to a document of an eligible case manager if the document is in respect of: (a) the provision of case management services (within the meaning of the Employment Services Act 1994) to a person referred to the eligible case manager under Part 4.3 of that Act; or (b) the performance of a function conferred on the eligible case manager under that Act. 7 Exemption of certain persons and bodies (1) The bodies specified in Division 1 of Part I of Schedule 2, and a person holding and performing the duties of an office specified in that Division, are to be deemed not to be prescribed authorities for the purposes of this Act. (1A) For the purposes of the definition of agency, a part of the Department of Defence specified in Division 2 of Part I of Schedule 2: (a) is taken not to be included in the Department of Defence (or in any other Department) for the purposes of this Act; and (b) to avoid doubt, is not an agency in its own right for the purposes of this Act. (2) The persons, bodies and Departments specified in Part II of Schedule 2 are exempt from the operation of this Act in relation to the documents referred to in that Schedule in relation to them. (2AA) A body corporate established by or under an Act specified in Part III of Schedule 2 is exempt from the operation of this Act in relation to documents in respect of the commercial activities of the body corporate. (2A) An agency is exempt from the operation of this Act in relation to a document that has originated with, or has been received from, the Australian Secret Intelligence Service, the Australian Security Intelligence Organisation, the Inspector-General of Intelligence and Security or the Office of National Assessments, or the Defence Imagery and Geospatial Organisation, the Defence Intelligence Organisation or the Defence Signals Directorate of the Department of Defence. (3) In subsection (2AA) and Part II of Schedule 2, commercial activities means: (a) activities carried on by an agency on a commercial basis in competition with persons other than governments or authorities of governments; or (b) activities, carried on by an agency, that may reasonably be expected in the foreseeable future to be carried on by the agency on a commercial basis in competition with persons other than governments or authorities of governments. (4) In subsection (2AA) and Part II of Schedule 2, a reference to documents in respect of particular activities shall be read as a reference to documents received or brought into existence in the course of, or for the purposes of, the carrying on of those activities. Part II-Publication of certain documents and information 8 Publication of information concerning functions and documents of agencies (1) The responsible Minister of an agency shall: (a) cause to be published, as soon as practicable after the commencement of this Part but not later than 12 months after that commencement, in a form approved by the Minister administering this Act: (i) a statement setting out particulars of the organization and functions of the agency, indicating, as far as practicable, the decision-making powers and other powers affecting members of the public that are involved in those functions; (ii) a statement setting out particulars of any arrangements that exist for bodies or persons outside the Commonwealth administration to participate, either through consultative procedures, the making of representations or otherwise, in the formulation of policy by the agency, or in the administration by the agency, of any enactment or scheme; (iii) a statement of the categories of documents that are maintained in the possession of the agency, being categories that comply with subsection (6); (iv) a statement of particulars of the facilities, if any, provided by the agency for enabling members of the public to obtain physical access to the documents of the agency; and (v) a statement of any information that needs to be available to the public concerning particular procedures of the agency in relation to Part III, and particulars of the officer or officers to whom, and the place or places at which, initial inquiries concerning access to documents may be directed; and (b) during the year commencing on 1 January next following the publication, in respect of the agency, of the statement under subparagraph (a)(i), (ii), (iii), (iv) or (v) that is the first statement published under that subparagraph, and during each succeeding year, cause to be published statements bringing up to date the information contained in the previous statement or statements published under that subparagraph. (2) In approving a form under subsection (1), the Minister shall have regard, amongst other things, to the need to assist members of the public to exercise effectively their rights under this Act. (3) The information to be published in accordance with this section shall be published by including it: (a) in the annual report of the agency to the responsible Minister of the agency relating to the activities, operations, business or affairs of the agency; or (b) if there is no such report-in the annual report of the Department, or a Department, administered by the responsible Minister of the agency relating to the activities, operations, business or affairs of the Department. (4) Nothing in this section requires the publication of information that is of such a nature that its inclusion in a document of an agency would cause that document to be an exempt document. (5) Subsection (1) applies in relation to an agency that comes into existence after the commencement of this Part as if the references in that subsection to the commencement of this Part were references to the day on which the agency comes into existence. (6) The categories referred to in subparagraph (1)(a)(iii) include, but are not limited to, the following categories: (a) any documents referred to in paragraph 12(1)(b); (b) any documents referred to in paragraph 12(1)(c); (c) any other documents, if the documents are customarily made available to the public: (i) otherwise than under this Act; and (ii) free of charge upon request. 9 Certain documents to be available for inspection and purchase (1) This section applies, in respect of an agency, to documents that are provided by the agency for the use of, or are used by, the agency or its officers in making decisions or recommendations, under or for the purposes of an enactment or scheme administered by the agency, with respect to rights, privileges or benefits, or to obligations, penalties or other detriments, to which persons are or may be entitled or subject, being: (a) manuals or other documents containing interpretations, rules, guidelines, practices or precedents including, but without limiting the generality of the foregoing, precedents in the nature of letters of advice providing information to bodies or persons outside the Commonwealth administration; (b) documents containing particulars of such a scheme, not being particulars contained in an enactment as published apart from this Act; (c) documents containing statements of the manner, or intended manner, of administration or enforcement of such an enactment or scheme; or (d) documents describing the procedures to be followed in investigating breaches or evasions or possible breaches or evasions of such an enactment or of the law relating to such a scheme; but not including documents that are available to the public as published otherwise than by an agency or as published by another agency. (2) The principal officer of an agency shall: (a) cause copies of all documents to which this section applies in respect of the agency that are in use from time to time to be made available for inspection and for purchase by members of the public; (b) cause to be prepared by a day not later than the relevant day in relation to the agency, and as soon as practicable after preparation to be made available, for inspection and for purchase by members of the public, at each Information Access Office, a statement (which may take the form of an index) specifying the documents of which copies are, at the time of preparation of the statement, available in accordance with paragraph (a) and the place or places where copies may be inspected and may be purchased; and (c) cause to be prepared within 3 months, if practicable, and in any case not later than 12 months, after the preparation of the last preceding statement prepared in accordance with paragraph (b) or this paragraph, and as soon as practicable after preparation to be made available, for inspection and for purchase by members of the public, at each Information Access Office, a statement bringing up to date the information contained in that last preceding statement. (2A) For the purposes of subsection (2): (a) the relevant day in relation to an agency is: (i) in the case of an agency that was in existence before the commencement of the Freedom of Information Laws Amendment Act 1986-the first day after the commencement of that Act by which the agency, if the amendments made by that Act to subsection (2) of this section had not been made, would have been required under that subsection to publish a statement in the Gazette; and (ii) in the case of an agency that comes into existence on or after the commencement of the Freedom of Information Laws Amendment Act 1986-the day that occurs 12 months after the day on which the agency comes into existence; and (b) Information Access Office means a place that is an Information Access Office for the purposes of section 28. (3) The principal officer is not required to comply fully with paragraph (2)(a) before the expiration of 12 months after the commencement of this Part, but shall, before that time, comply with that paragraph so far as is practicable. (4) This section does not require a document of the kind referred to in subsection (1) containing exempt matter to be made available in accordance with subsection (2), but, if such a document is not so made available, the principal officer of the agency, or an officer of the agency acting within the scope of authority exercisable by him or her in accordance with arrangements approved by the responsible Minister or principal officer of the agency, shall, if practicable, cause to be prepared a corresponding document, altered only to the extent necessary to exclude the exempt matter, and cause the document so prepared to be dealt with in accordance with subsection (2). (5) The Minister may, by writing under his or her hand, extend, in respect of the Commissioner of Taxation, the time specified in paragraph (2)(b) or subsection (3) where he or she is satisfied, after consulting the Minister who is the responsible Minister in relation to the Commissioner of Taxation, that it is reasonable to extend the time by reason of special circumstances applicable to the Commissioner of Taxation. (6) Where the Minister is satisfied, after consulting the Minister who is the responsible Minister in relation to the Commissioner of Taxation, that the form or nature of the documents to which this section applies in respect of the Commissioner of Taxation that are in existence at the commencement of this Part, or of some of those documents, is such that complete compliance with this section in respect of those documents would impose on the Commissioner of Taxation such a workload as would unreasonably divert his or her resources from his or her other operations, the first-mentioned Minister may, by writing under his or her hand, direct that the application of this section in respect of the Commissioner of Taxation is to be subject to such modifications as he or she specifies, being modifications that, in his or her opinion, are reasonably required by reason of the circumstances referred to in this subsection. (7) The report of the Minister under section 93 in respect of a year shall include: (a) particulars of any extensions of time made, or directions given, under this section by the Minister during that year; and (b) a statement concerning compliance by agencies with the requirements of this section during that year. (8) Where a person makes a request to inspect or to purchase a document of an agency concerning a particular enactment or scheme, being a document of a kind to which this section applies, the principal officer of the agency shall take all reasonable steps to ensure that the attention of that person is drawn to any document of the agency concerning that enactment or scheme that is relevant to the request and has become a document to which this section applies since the last occasion on which a statement in respect of documents of the agency was prepared and made available in accordance with subsection (2). (9) Subsection (3) applies in relation to an agency that comes into existence after the commencement of this Part as if the reference in that subsection to the commencement of this Part were a reference to the day on which the agency comes into existence. 10 Unpublished documents not to prejudice public (1) If a document required to be made available in accordance with section 9, being a document containing a rule, guideline or practice relating to a function of an agency, was not made available, or was not included in a statement made available at each Information Access Office, as referred to in that section, before the time at which a person did, or omitted to do, any act or thing relevant to the performance of that function in relation to him or her (whether or not the time allowed for publication of a statement in respect of the document had expired before that time), that person, if he or she was not aware of that rule, guideline or practice at that time, shall not be subjected to any prejudice by reason only of the application of that rule, guideline or practice in relation to the thing done or omitted to be done by him or her if he or she could lawfully have avoided that prejudice had he or she been aware of that rule, guideline or practice. (2) The reference in subsection (1) to the time at which a person did, or omitted to do, any act or thing relevant to the performance in relation to him or her of a function of an agency does not include a reference to a time earlier than: (a) the expiration of the period of 12 months referred to in paragraph 9(2)(b) or, if the agency is the Commissioner of Taxation and that period has been extended in respect of the agency under subsection 9(5), the expiration of the period as extended; or (b) the expiration of the period of 12 months after the day on which the agency came into existence; whichever is the later. (3) In subsection (1): Information Access Office means a place that is an Information Access Office for the purposes of section 28. Part III-Access to documents 11 Right of access (1) Subject to this Act, every person has a legally enforceable right to obtain access in accordance with this Act to: (a) a document of an agency, other than an exempt document; or (b) an official document of a Minister, other than an exempt document. (2) Subject to this Act, a person's right of access is not affected by: (a) any reasons the person gives for seeking access; or (b) the agency's or Minister's belief as to what are his or her reasons for seeking access. 12 Part not to apply to certain documents (1) A person is not entitled to obtain access under this Part to: (a) a document, or a copy of a document, which is, under the Archives Act 1983, within the open access period within the meaning of that Act unless the document contains personal information (including personal information about a deceased person); or (b) a document that is open to public access, as part of a public register or otherwise, in accordance with another enactment, where that access is subject to a fee or other charge; or (ba) a document that is open to public access, as part of a land title register, in accordance with a law of a State or Territory where that access is subject to a fee or other charge; or (c) a document that is available for purchase by the public in accordance with arrangements made by an agency. (2) A person is not entitled to obtain access under this Part to a document or a part of a document that became a document of an agency or an official document of a Minister more than 5 years before the date of commencement of this part unless: (a) the document or that part of the document contains information that is: (i) personal information about that person; or (ii) information relating to that person's business, commercial or financial affairs; or (b) the document or that part of the document is a document or a part of a document access to which is reasonably necessary to enable a proper understanding of a document of an agency or an official document of a Minister to which that person has lawfully had access. (3) Regulations may be made for the modification of subsection (2) so as to enable a person to obtain access under this Part to documents to which, but for the making of those regulations, he or she would not be entitled to access under this part by reason of that subsection. (4) References in subsection (3) to subsection (2) shall be construed as including references to subsection (2) as previously modified in pursuance of regulations made under subsection (3). 13 Documents in certain institutions (1) A document shall not be deemed to be a document of an agency for the purposes of this Act by reason of its being: (a) in the memorial collection within the meaning of the Australian War Memorial Act 1980; (b) in the collection of library material maintained by the National Library of Australia; (c) material included in the historical material in the possession of the Museum of Australia; or (d) in the custody of the Australian Archives (otherwise than as a document relating to the administration of the Australian Archives); if the document was placed in that collection, or in that custody, by or on behalf of a person (including a Minister or former Minister) other than an agency. (2) For the purposes of this Act, a document that has been placed in the custody of the Australian Archives, or in a collection referred to in subsection (1), by an agency shall be deemed to be in the possession of that agency or, if that agency no longer exists, the agency to the functions of which the document is most closely related. (3) Despite subsections (1) and (2): (a) records of a Royal Commission that are in the custody of the Australian Archives are, for the purposes of this Act, taken to be documents of an agency and to be in the possession of the Department administered by the Minister administering the Royal Commissions Act 1902; and (b) records of the Commission of inquiry that are in the custody of the Australian Archives are, for the purposes of this Act, taken to be documents of an agency and to be in the possession of the Department administered by the Minister administering the Quarantine Act 1908. (4) Nothing in this Act affects the provision of access to documents by the Australian Archives in accordance with the Archives Act 1983. 14 Access to documents apart from Act Nothing in this Act is intended to prevent or discourage Ministers and agencies from publishing or giving access to documents (including exempt documents), otherwise than as required by this Act, where they can properly do so or are required by law to do so. 15 Requests for access (1) Subject to section 15A, a person who wishes to obtain access to a document of an agency or an official document of a Minister may request access to the document. (2) The request must: (a) be in writing; and (b) provide such information concerning the document as is reasonably necessary to enable a responsible officer of the agency, or the Minister, to identify it; and (c) specify an address in Australia at which notices under this Act may be sent to the applicant; and (d) be sent by post to the agency or Minister, or delivered to an officer of the agency or a member of the staff of the Minister, at the address of any central or regional office of the agency or Minister specified in a current telephone directory; and (e) be accompanied by the fee payable under the regulations in respect of the request. (3) Where a person: (a) wishes to make a request to an agency; or (b) has made to an agency a request that does not comply with this section; it is the duty of the agency to take reasonable steps to assist the person to make the request in a manner that complies with this section. (4) Where a person has directed to an agency a request that should have been directed to another agency or to a Minister, it is the duty of the first-mentioned agency to take reasonable steps to assist the person to direct the request to the appropriate agency or Minister. (5) On receiving a request, the agency or Minister must: (a) as soon as practicable but in any case not later than 14 days after the day on which the request is received by or on behalf of the agency or Minister, take all reasonable steps to enable the applicant to be notified that the request has been received; and (b) as soon as practicable but in any case not later than the end of the period of 30 days after the day on which the request is received by or on behalf of the agency or Minister, take all reasonable steps to enable the applicant to be notified of a decision on the request (including a decision under section 21 to defer the provision of access to a document). (6) Where, in relation to a request, the agency or Minister determines in writing that the requirements of section 26A, 27 or 27A make it appropriate to extend the period referred to in paragraph (5)(b): (a) the period is to be taken to be extended by a further period of 30 days; and (b) the agency or Minister must, as soon as practicable, inform the applicant that the period has been so extended. 15A Request for access to personnel records (1) In this section: personnel records, in relation to an employee or former employee of an agency, means those documents containing personal information about him or her that are, or have been, kept by the agency for personnel management purposes. (2) Where: (a) there are established procedures in an agency (apart from those provided for by this Act) in accordance with which a request may be made by an employee of the agency for access to his or her personnel records; and (b) a person who is or was an employee of the agency wishes to obtain access to his or her personnel records; the person must not apply under section 15 for access to such records unless the person: (c) has made a request for access to the records in accordance with the procedures referred to in paragraph (a); and (d) either: (i) is not satisfied with the outcome of the request; or (ii) has not been notified of the outcome within 30 days after the request was made. 16 Transfer of requests (1) Where a request is made to an agency for access to a document and: (a) the document is not in the possession of that agency but is, to the knowledge of that agency, in the possession of another agency; or (b) the subject-matter of the document is more closely connected with the functions of another agency than with those of the agency to which the request is made; the agency to which the request is made may, with the agreement of the other agency, transfer the request to the other agency. (2) Where a request is made to an agency for access to a document that: (a) originated with, or has been received from, a body which, or person who, is specified in Part I of Schedule 2; and (b) is more closely connected with the functions of that body or person than with those of the agency to which the request is made; the request shall be transferred: (c) to the Department corresponding to the Department of State administered by the Minister who administers the enactment by or under which the body or person is established, continued in existence or appointed; or (d) if the request relates to a document that originated with, or has been received from, a part of the Department of Defence specified in Division 2 of Part I of Schedule 2-to that Department. (3) Where a request is made to an agency for access to a document that: (a) originated in, or has been received from, another agency, being an agency specified in Part II of Schedule 2 or an agency that is a body corporate established by or under an Act specified in Part III of Schedule 2; and (b) is more closely connected with the functions of the other agency in relation to documents in respect of which the other agency is exempt from the operation of this Act than with the functions of the agency to which the request is made; the agency to which the request is made shall transfer the request to the other agency. (3A) Where: (a) a request is made to an agency for access to more than one document; and (b) one or more of those documents is a document to which subsection (1), (2) or (3) applies; this section applies to each of those documents as if separate requests for access had been made to the agency in respect of each of those documents. (4) Where a request is transferred to an agency in accordance with this section, the agency making the transfer shall inform the person making the request accordingly and, if it is necessary to do so in order to enable the other agency to deal with the request, send the document to the other agency. (5) Where a request is transferred to an agency in accordance with this section, the request is to be taken to be a request: (a) made to the agency for access to the document that is the subject of the transfer; and (b) received by the agency at the time at which it was first received by an agency. (6) In this section, agency includes a Minister. 17 Requests involving use of computers etc. (1) Where: (a) a request (including a request of the kind described in subsection 24(1)) is made in accordance with the requirements of subsection 15(2) to an agency; (b) it appears from the request that the desire of the applicant is for information that is not available in discrete form in written documents of the agency; and (ba) it does not appear from the request that the applicant wishes to be provided with a computer tape or computer disk on which the information is recorded; and (c) the agency could produce a written document containing the information in discrete form by: (i) the use of a computer or other equipment that is ordinarily available to the agency for retrieving or collating stored information; or (ii) the making of a transcript from a sound recording held in the agency; the agency shall deal with the request as if it were a request for access to a written document so produced and containing that information and, for that purpose, this Act applies as if the agency had such a document in its possession. (2) An agency is not required to comply with subsection (1) if compliance would substantially and unreasonably divert the resources of the agency from its other operations. 18 Access to documents to be given on request (1) Subject to this Act, where: (a) a request is made in accordance with the requirements of subsection 15(2) by a person to an agency or Minister for access to a document of the agency or an official document of the Minister; and (b) any charge that, under the regulations, is required to be paid before access is granted has been paid; the person shall be given access to the document in accordance with this Act. (2) An agency or Minister is not required by this Act to give access to a document at a time when the document is an exempt document. 20 Forms of access (1) Access to a document may be given to a person in one or more of the following forms: (a) a reasonable opportunity to inspect the document; (b) provision by the agency or Minister of a copy of the document; (c) in the case of a document that is an article or thing from which sounds or visual images are capable of being reproduced, the making of arrangements for the person to hear or view those sounds or visual images; (d) in the case of a document by which words are recorded in a manner in which they are capable of being reproduced in the form of sound or in which words are contained in the form of shorthand writing or in codified form, provision by the agency or Minister of a written transcript of the words recorded or contained in the document. (2) Subject to subsection (3) and to section 22, where the applicant has requested access in a particular form, access shall be given in that form. (3) If the giving of access in the form requested by the applicant: (a) would interfere unreasonably with the operations of the agency, or the performance by the Minister of his or her functions, as the case may be; (b) would be detrimental to the preservation of the document or, having regard to the physical nature of the document, would not be appropriate; or (c) would, but for this Act, involve an infringement of copyright (other than copyright owned by the Commonwealth, an agency or a State) subsisting in matter contained in the document, being matter that does not relate to the affairs of an agency or of a Department of State; access in that form may be refused and access given in another form. (4) Subject to subsection 17(1), where a person requests access to a document in a particular form and, for a reason specified in subsection (3), access in that form is refused but access is given in another form, the applicant shall not be required to pay a charge in respect of the provision of access to the document that is greater than the charge that he or she would have been required to pay if access had been given in the form requested. 21 Deferment of access (1) An agency which, or a Minister who, receives a request may defer the provision of access to the document concerned: (a) if the publication of the document concerned is required by law- until the expiration of the period within which the document is required to be published; (b) if the document concerned has been prepared for presentation to Parliament or for the purpose of being made available to a particular person or body or with the intention that it should be so made available-until the expiration of a reasonable period after its preparation for it to be so presented or made available; (c) if the premature release of the document concerned would be contrary to the public interest-until the occurrence of any event after which or the expiration of any period of time beyond which the release of the document would not be contrary to the public interest; or (d) if a Minister considers that the document concerned is of such general public interest that the Parliament should be informed of the contents of the document before the document is otherwise made public-until the expiration of 5 sitting days of either House of the Parliament. (2) Where the provision of access to a document is deferred in accordance with subsection (1), the agency or Minister shall, in informing the applicant of the reasons for the decision, indicate, as far as practicable, the period for which the deferment will operate. (3) Subsection 55(1) does not apply in relation to a deferment under paragraph (1)(d) of this section. 22 Deletion of exempt matter or irrelevant material (1) Where: (a) an agency or Minister decides: (i) not to grant a request for access to a document on the ground that it is an exempt document; or (ii) that to grant a request for access to a document would disclose information that would reasonably be regarded as irrelevant to that request; and (b) it is possible for the agency or Minister to make a copy of the document with such deletions that the copy: (i) would not be an exempt document; and (ii) would not disclose such information; 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 must be informed: (i) that it is such a copy; and (ii) of the ground for the deletions; and (iii) if any matter deleted is exempt matter because of a provision of this Act-that the matter deleted is exempt matter because of that provision; and (b) section 26 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 furnish to him or her a notice in writing in accordance with that section. 23 Decisions to be made by authorised persons (1) Subject to subsection (2), a decision in respect of a request made to an agency may be made, on behalf of the agency, by the responsible Minister or the principal officer of the agency or, subject to the regulations, by an officer of the agency acting within the scope of authority exercisable by him or her in accordance with arrangements approved by the responsible Minister or the principal officer of the agency. (2) A decision in respect of a request made to a court, or made to a tribunal, authority or body that is specified in Schedule 1, may be made on behalf of that court, tribunal, authority or body by the principal officer of that court, tribunal, authority or body or, subject to the regulations, by an officer of that court, tribunal, authority or body acting within the scope of authority exercisable by him or her in accordance with arrangements approved by the principal officer of that court, tribunal, authority or body. 24 Requests may be refused in certain cases (1) The agency or Minister dealing with a request may refuse to grant access to documents in accordance with the request, without having caused the processing of the request to have been undertaken, if the agency or Minister is satisfied that the work involved in processing the request: (a) in the case of an agency-would substantially and unreasonably divert the resources of the agency from its other operations; or (b) in the case of a Minister-would substantially and unreasonably interfere with the performance of the Minister's functions. (2) Subject to subsection (3) but without limiting the matters to which the agency or Minister may have regard in deciding whether to refuse under subsection (1) to grant access to the documents to which the request relates, the agency or Minister is to have regard to the resources that would have to be used: (a) in identifying, locating or collating the documents within the filing system of the agency, or the office of the Minister; or (b) in deciding whether to grant, refuse or defer access to documents to which the request relates, or to grant access to edited copies of such documents, including resources that would have to be used: (i) in examining the documents; or (ii) in consulting with any person or body in relation to the request; or (c) in making a copy, or an edited copy, of the documents; or (d) in notifying any interim or final decision on the request. (3) The agency or Minister is not to have regard to any maximum amount, specified in regulations, payable as a charge for processing a request of that kind. (4) In deciding whether to refuse, under subsection (1), to grant access to documents, an agency or Minister must not have regard to: (a) any reasons that the person who requests access gives for requesting access; or (b) the agency's or Minister's belief as to what are his or her reasons for requesting access. (5) An agency or Minister may refuse to grant access to the documents in accordance with the request without having identified any or all of the documents to which the request relates and without specifying, in respect of each document, the provision or provisions of this Act under which that document is claimed to be an exempt document if: (a) it is apparent from the nature of the documents as described in the request that all of the documents to which the request is expressed to relate are exempt documents; and (b) either: (i) it is apparent from the nature of the documents as so described that no obligation would arise under section 22 in relation to any of those documents to grant access to an edited copy of the document; or (ii) it is apparent, from the request or as a result of consultation by the agency or Minister with the person making the request, that the person would not wish to have access to an edited copy of the document. (6) An agency or Minister must not refuse to grant access to a document: (a) on the ground that the request for the document does not comply with paragraph 15(2)(b); or (b) under subsection (1); unless the agency or Minister has: (c) given the applicant a written notice: (i) stating an intention to refuse access; and (ii) identifying an officer of the agency or a member of staff of the Minister with whom the applicant may consult with a view to making the request in a form that would remove the ground for refusal; and (d) given the applicant a reasonable opportunity so to consult; and (e) as far as is reasonably practicable, provided the applicant with any information that would assist the making of the request in such a form. (7) For the purposes of section 15, the period commencing on the day an applicant is given a notice under paragraph (6)(c) and ending on the day the applicant confirms or alters the request following the consultation referred to in subsection (6) is to be disregarded in the computation of the 30 day period referred to in section 15. 24A Requests may be refused if documents cannot be found or do not exist An agency or Minister may refuse a request for access to a document if: (a) all reasonable steps have been taken to find the document; and (b) the agency or Minister is satisfied that the document: (i) is in the agency's or Minister's possession but cannot be found; or (ii) does not exist. 25 Information as to existence of certain documents (1) Nothing in this Act shall be taken to require an agency or Minister to give information as to the existence or non-existence of a document where information as to the existence or non- existence of that document, if included in a document of an agency, would cause the last-mentioned document to be an exempt document by virtue of section 33 or 33A or subsection 37(1). (2) Where a request relates to a document that is, or if it existed would be, of a kind referred to in subsection (1), the agency or Minister dealing with the request may give notice in writing to the applicant that the agency or the Minister, as the case may be, neither confirms nor denies the existence, as a document of the agency or an official document of the Minister, of such a document but that, assuming the existence of such a document, it would be an exempt document under section 33 or 33A or subsection 37(1) and, where such a notice is given: (a) section 26 applies as if the decision to give such a notice were a decision referred to in that section; and (b) the decision shall, for the purposes of Part VI, be deemed to be a decision refusing to grant access to the document in accordance with the request for the reason that the document would, if it existed, be an exempt document under section 33 or 33A or subsection 37(1), as the case may be. 26 Reasons and other particulars of decisions to be given (1) Where, in relation to a request, a decision is made relating to a refusal to grant access to a document in accordance with the request or deferring provision of access to a document, the decision-maker shall cause the applicant to be given notice in writing of the decision, and the notice shall: (a) state the findings on any material questions of fact, referring to the material on which those findings were based, and state the reasons for the decision; (b) where the decision relates to a document of an agency, state the name and designation of the person giving the decision; and (c) give to the applicant appropriate information concerning: (i) his or her rights with respect to review of the decision; (ii) his or her rights to make a complaint to the Ombudsman in relation to the decision; and (iii) the procedure for the exercise of the rights referred to in subparagraphs (i) and (ii); including (where applicable) particulars of the manner in which an application for review under section 54 may be made. (1A) Section 13 of the Administrative Decisions (Judicial Review) Act 1977 does not apply to a decision referred to in subsection (1). (2) A notice under this section is not required to contain any matter that is of such a nature that its inclusion in a document of an agency would cause that document to be an exempt document. 26A Procedure on request in respect of documents likely to affect Commonwealth-State relations (1) Where arrangements have been entered into between the Commonwealth 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 State or an authority of the State; and (b) the State may reasonably wish to contend that the document is an exempt document under section 33A; a decision to grant access to the document or an edited copy of the document shall not be made by the agency or Minister concerned unless consultation has taken place between the Commonwealth and the State in accordance with those arrangements. (2) Where, after consultation between the Commonwealth and a State in pursuance of subsection (1) has taken place in relation to a document or an edited copy of the document, a decision is made that the document or edited copy is not an exempt document under section 33A 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 State as well as to the person who made the request; and (b) access shall not be given to the document or edited copy or, in the case of a document or edited copy that contains information that originated with or was received from the State or an authority of the State, to the document or edited copy so far as it contains that information, unless: (i) the time for an application to the Tribunal by the State in accordance with section 58F for review of the decision that the document or edited copy is not an exempt document under section 33A has expired and such an application (other than an application that has subsequently been withdrawn) has not been made; or (ia) such an application has been made but the Tribunal has dismissed the application under section 42A of the Administrative Appeals Tribunal Act 1975; or (ii) such an application has been made and the Tribunal has confirmed the decision that the document or edited copy is not an exempt document under that section. (3) Nothing in paragraph (2)(b) prevents access being given to a document of a kind mentioned in that paragraph if a further request has been made for access to the document and there is no failure to comply with this section in dealing with the further request. 27 Procedure on request in respect of documents relating to business affairs etc. (1) Where a request is received by an agency or Minister in respect of a document containing information concerning: (a) a person's business or professional affairs; or (b) the business, commercial or financial affairs of an organisation or undertaking; a decision to grant access under this Act to the document or an edited copy of the document, so far as it contains that information, must not be made unless, where it is reasonably practicable to do so having regard to all the circumstances (including the application of subsections 15(5) and (6)): (c) the agency or Minister has given to the person or organisation or the proprietor of the undertaking a reasonable opportunity of making submissions in support of a contention that the document or edited copy 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 or edited copy, so far as it contains the information referred to in subsection (1), 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 or edited copy, so far as it contains the information referred to in subsection (1), unless: (i) the time for an application to the Tribunal by that person in accordance with section 59 has expired and such an application (other than an application that has subsequently been withdrawn) has not been made; or (ia) such an application has been made but the Tribunal has dismissed the application under section 42A of the Administrative Appeals Tribunal Act 1975; or (ii) such an application has been made and the Tribunal has confirmed the decision. (3) Nothing in paragraph (2)(b) prevents access being given to a document of a kind referred to in that paragraph if a further request has been made for access to the document and there is no failure to comply with this section in dealing with the further request. 27A Procedure on request in respect of documents containing personal information (1AA) This section applies if: (a) a request is received by an agency or Minister in respect of a document containing personal information about a person (including a person who has died); and (b) it appears to: (i) the officer or Minister dealing with the request; or (ii) a person (the reviewer) reviewing under section 54 a decision refusing the request; that the person referred to in paragraph (a) or, if that person has died, the legal personal representative of that person, might reasonably wish to contend that the document, so far as it contains that information, is an exempt document under section 41. (1) A decision to grant access under this Act to the document or an edited copy of the document, so far as it contains that information, must not be made unless, where it is reasonably practicable to do so having regard to all the circumstances (including the application of subsections 15(5) and (6)): (a) the agency or Minister has given to the person or the legal personal representative of the person, as the case may be, a reasonable opportunity of making submissions in support of a contention that the document or edited copy, so far as it contains that information, is an exempt document under section 41; and (b) the person making the decision has had regard to any submissions so made. (1A) In determining, for the purposes of subsection (1AA), whether a person might reasonably wish to contend that a document, so far as it contains personal information, is an exempt document under section 41, the officer, Minister or reviewer, as the case requires, must have regard to the following matters: (a) the extent to which the personal information is well known; (b) whether the person to whom the personal information relates is known to be associated with the matters dealt with in the document; (c) the availability of the personal information from publicly accessible sources; (d) such other matters as the officer, Minister or reviewer, as the case requires, considers relevant. (2) Where, after any submissions have been made in accordance with subsection (1), a decision is made that the document or edited copy, so far as it contains the information referred to in paragraph (1)(a), is not an exempt document under section 41: (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 or edited copy, so far as it contains the information referred to in paragraph (1)(a), unless: (i) the time for an application to the Tribunal in accordance with section 59A by the person who made the submissions has expired and such an application (other than an application that has subsequently been withdrawn) has not been made; or (ia) such an application has been made but the Tribunal has dismissed the application under section 42A of the Administrative Appeals Tribunal Act 1975; or (ii) such an application has been made and the Tribunal has confirmed the decision. (3) Nothing in paragraph (2)(b) prevents access being given to a document of a kind referred to in that paragraph if a further request has been made for access to the document and there is no failure to comply with this section in dealing with the further request. 28 Information Access Offices (1) The Minister administering this Act shall cause to be published, as soon as practicable after the date of commencement of this Part, but not later than 12 months after that date, a statement setting out the addresses of such offices of the Government of the Commonwealth, throughout Australia, as are to be Information Access Offices for the purposes of this section. (2) A person who is entitled to obtain access to a document of an agency or to an official document of a Minister shall have that access provided, if the person so requests, at the Information Access Office having appropriate facilities to provide access in the form requested that is closest to his or her normal place of residence. (3) Nothing in this section shall be taken to prevent an agency to which, or a Minister to whom, a request has been made for access to a document in a particular form from giving access to that document, in accordance with subsection 20(3), in a form other than the form requested. (4) A person who is provided with access to a document at an Information Access Office shall not, by reason of the fact that the provision of access at that office has necessitated the incurring of costs by an agency or a Minister that would not have been incurred had access been provided at another place, be required to pay any charge additional to the charge that he or she would have been required to pay had he or she been provided with access at that other place. 29 Charges (1) Where, under the regulations, an agency or Minister decides that an applicant is liable to pay a charge (not being an application fee) in respect of a request for access to a document, or the provision of access to a document, the agency or Minister must give to the applicant a written notice stating: (a) that the applicant is liable to pay a charge; and (b) the agency's or Minister's preliminary assessment of the amount of the charge, and the basis on which the assessment is made; and (c) that the applicant may contend that the charge has been wrongly assessed, or should be reduced or not imposed; and (d) the matters that the agency or Minister must take into account under subsection (5) in deciding whether or not to reduce, or not impose, the charge; and (e) the amount of any deposit that the agency or Minister has determined, under the regulations, that the applicant will be required to pay if the charge is imposed; and (f) that the applicant must, within the period of 30 days, or such further period as the agency or Minister allows, after the notice was given, notify the agency or Minister in writing: (i) of the applicant's agreement to pay the charge; or (ii) if the applicant contends that the charge has been wrongly assessed, or should be reduced or not imposed, or both-that the applicant so contends, giving the applicant's reasons for so contending; or (iii) that the applicant withdraws the request for access to the document concerned; and (g) that if the applicant fails to give the agency or Minister such a notice within that period or further period, the request for access to the document will be taken to have been withdrawn. (2) If the applicant fails to notify the agency or Minister in a manner mentioned in paragraph (1)(f) within the period or further period mentioned in that paragraph, the applicant is to be taken to have withdrawn the request for access to the document concerned. (3) An agency or Minister must not impose a charge in respect of a request for access to a document, or the provision of access to a document, until: (a) the applicant has notified the agency or Minister in a manner mentioned in paragraph (1)(f); or (b) the end of the period or further period mentioned in that paragraph. (4) Where the applicant has notified the agency or Minister, in a manner mentioned in subparagraph (1)(f)(ii), that the applicant contends that the charge should be reduced or not imposed, the agency or Minister may decide that the charge is to be reduced or not to be imposed. (5) Without limiting the matters the agency or Minister may take into account in determining whether or not to reduce or not to impose the charge, the agency or Minister must take into account: (a) whether the payment of the charge, or part of it, would cause financial hardship to the applicant, or to a person on whose behalf the application was made; and (b) whether the giving of access to the document in question is in the general public interest or in the interest of a substantial section of the public. (6) If the applicant has notified the agency or Minister in the manner mentioned in subparagraph (1)(f)(ii), the agency or Minister must take all reasonable steps to enable the applicant to be notified of the decision on the amount of charge payable as soon as practicable but in any case no later than 30 days after the day on which the applicant so notified the agency or Minister. (7) If: (a) that period of 30 days has elapsed since the day on which the agency or Minister was so notified; and (b) the applicant has not received notice of a decision on the amount of charge payable; the principal officer of the agency, or the Minister, as the case requires, is, for all purposes of this Act, taken to have made, on the last day of the period, a decision to the effect that the amount of charge payable is the amount equal to the agency's or Minister's preliminary assessment of the amount of the charge mentioned in paragraph (1)(b). (8) If: (a) the applicant makes a contention about a charge as mentioned in subsection (4); and (b) the agency or Minister makes a decision to reject the contention, in whole or in part; the agency or Minister, as the case requires, must give the applicant written notice of the decision and of the reasons for the decision. Note: Section 25D of the Acts Interpretation Act 1901 sets out rules about the contents of a statement of reasons. (9) A notice under subsection (8) must also state the name and designation of the person making the decision and give the applicant appropriate information about: (a) his or her rights with respect to review of the decision; and (b) his or her rights to make a complaint to the Ombudsman in relation to the decision; and (c) the procedure for the exercise of those rights; including (where applicable) particulars of the manner in which an application for review under section 54 may be made. (10) Section 13 of the Administrative Decisions (Judicial Review) Act 1977 does not apply to a decision referred to in subsection (8). (11) A notice under subsection (8) is not required to contain any matter that is of such a nature that its inclusion in a document of an agency would cause that document to be an exempt document. 30A Remission of application fees (1) Where: (a) there is, in respect of an application to an agency or Minister under subsection 15(1) requesting access to a document or under subsection 54(1) requesting a review of a decision relating to a document, an application fee (whether or not the fee has been paid); and (b) the agency or Minister considers that the fee or a part of the fee should be remitted for any reason, including either of the following reasons: (i) the payment of the fee or of the part of the fee would cause or caused financial hardship to the applicant or a person on whose behalf the application was made; (iii) the giving of access is in the general public interest or in the interest of a substantial section of the public; the agency or Minister may remit the fee or the part of the fee. (1A) The applicant may make a written request for the application fee to be wholly or partly remitted under subsection (1). The agency or Minister must take all reasonable steps to enable the applicant to be notified of the decision on the request as soon as practicable, but in any case no later than 30 days after the day on which the request was made. (1B) If: (a) that period of 30 days has ended; and (b) the applicant has not received notice of a decision on the request; the agency or the Minister, as the case requires, is taken, for all purposes of this Act, to have made, on the last day of the period, a decision to the effect that no part of the application fee is to be remitted. (2) Where the whole or a part of an application fee is remitted under subsection (1), then, to the extent of the remission, there shall not, for the purposes of subsection 15(2) or 54(1), as the case may be, be taken to be an application fee in respect of the application. (3) If: (a) a person makes a written request for an application fee to be remitted, in whole or in part; and (b) the agency or Minister makes a decision to refuse the request, in whole or in part; the agency or Minister, as the case requires, must give the applicant written notice of the reasons for the decision. Note: Section 25D of the Acts Interpretation Act 1901 sets out rules about the contents of a statement of reasons. (4) A notice under subsection (3) must also state the name and designation of the person making the decision and give the applicant appropriate information about: (a) his or her rights with respect to review of the decision; and (b) his or her rights to make a complaint to the Ombudsman in relation to the decision; and (c) the procedure for the exercise of those rights; including (where applicable) particulars of the manner in which an application for review under section 54 may be made. (5) Section 13 of the Administrative Decisions (Judicial Review) Act 1977 does not apply to a decision referred to in subsection (3). (6) A notice under subsection (3) is not required to contain any matter that is of such a nature that its inclusion in a document of an agency would cause that document to be an exempt document. 31 Certain periods to be disregarded for the purposes of processing requests (1) Where an applicant receives a notification under subsection 29(1) or (6) before the day on which the period of 30 days mentioned in paragraph 15(5)(b), or that period as extended under subsection 15(6), in relation to that request expires or, but for the operation of this subsection, would expire, being a notification to the effect that the applicant is liable to pay a specified charge in respect of that request, there shall be disregarded, in the computation of that period, each day occurring during the period commencing on the day on which that notification is received by the applicant and ending on the day that is, under subsection (3), the relevant day in relation to that request. (3) For the purposes of subsection (1), relevant day, in relation to a request made by an applicant to whom a notification has been given under section 29 setting out the applicant's liability to pay a specified charge, is: (a) in a case where the applicant pays the charge or such deposit on account of the charge as the applicant is required to pay under the regulations (whether or not the applicant seeks to have the charge reduced or not imposed under section 29 or seeks a review of the decision in respect of the charge under section 55)-the day on which that charge or that deposit is so paid; or (b) in a case where the applicant, having not paid the charge or deposit referred to in paragraph (a), seeks to have the charge reduced or not imposed under section 29: (i) if a decision is made by the agency or Minister to reduce the charge-the day on which the applicant pays the charge as so reduced, or such deposit on account of the charge as so reduced as the applicant is required to pay under the regulations; or (ii) if a decision is made by the agency or Minister not to impose the charge-the day on which the applicant is notified of the decision; or (ba) in a case where the request concerned was made to an agency and the applicant, having not paid the charge or deposit referred to in paragraph (a), makes application to the agency under section 54 for a review of the decision to impose the payment of the charge: (i) if a decision is made by the agency setting aside the decision- the day on which the applicant is notified by the agency of that decision; or (ii) if a decision is made by the agency setting aside the decision and making another decision in substitution for that decision-the day on which the applicant pays the charge specified in the substituted decision, or such deposit on account of that charge as the applicant is required to pay under the regulations; or (c) in a case where the applicant, having not paid the charge or deposit referred to in paragraph (a), makes application to the Tribunal under section 55 for a review of the decision to impose the payment of a charge: (i) if a decision is made by the Tribunal setting aside that decision-the day on which the applicant is notified by the Tribunal of that decision; or (ii) if a decision is made by the Tribunal setting aside that decision and making another decision in substitution for that decision-the day on which the applicant pays the charge specified in the substituted decision or such deposit on account of that charge as he or she is required to pay under the regulations; whichever day first occurs. Part IV-Exempt documents 32 Interpretation A provision of this Part by virtue of which documents referred to in the provision are exempt documents: (a) shall not be construed as limited in its scope or operation in any way by any other provision of this Part by virtue of which documents are exempt documents; and (b) shall not be construed as not applying to a particular document by reason that another provision of this Part of a kind mentioned in paragraph (a) also applies to that document. 33 Documents affecting national security, defence or international relations (1) A document is an exempt document if disclosure of the document under this Act: (a) would, or could reasonably be expected to, cause damage to: (i) the security of the Commonwealth; (ii) the defence of the Commonwealth; or (iii) the international relations of the Commonwealth; or (b) would divulge any information or matter communicated in confidence by or on behalf of a foreign government, an authority of a foreign government or an international organization to the Government of the Commonwealth, to an authority of the Commonwealth or to a person receiving the communication on behalf of the Commonwealth or of an authority of the Commonwealth. (2) Where a Minister is satisfied that a document is an exempt document for a reason referred to in subsection (1), he or she may sign a certificate to that effect (specifying that reason) and, subject to the operation of Part VI, such a certificate, so long as it remains in force, establishes conclusively that the document is an exempt document referred to in subsection (1). (3) Where a Minister is satisfied as mentioned in subsection (2) by reason only of matter contained in a particular part or particular parts of a document, a certificate under that subsection in respect of the document shall identify that part or those parts of the document as containing the matter by reason of which the certificate is given. (4) Where a Minister is satisfied that information as to the existence or non-existence of a document as described in a request would, if contained in a document of an agency, cause the last- mentioned document to be an exempt document under this section for a reason referred to in subsection (1), he or she may sign a certificate to that effect (specifying that reason). (5) The responsible Minister of an agency may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to the principal officer of the agency his or her powers under this section in respect of documents of the agency. (6) A power delegated under subsection (5), when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the responsible Minister. (7) A delegation under subsection (5) does not prevent the exercise of a power by the responsible Minister. 33A Documents affecting relations with States (1) Subject to subsection (5), a document is an exempt document if disclosure of the document under this Act: (a) would, or could reasonably be expected to, cause damage to relations between the Commonwealth and a State; or (b) would divulge information or matter communicated in confidence by or on behalf of the Government of a State or an authority of a State, to the Government of the Commonwealth, to an authority of the Commonwealth or to a person receiving the communication on behalf of the Commonwealth or of an authority of the Commonwealth. (2) Where a Minister is satisfied that a document: (a) is an exempt document for a reason referred to in subsection (1); and (b) is not a document containing matter the disclosure of which under this Act would be, on balance, in the public interest; the Minister may sign a certificate to that effect, specifying that reason. (2A) Subject to the operation of Part VI, such a certificate, so long as it remains in force, establishes conclusively that the document: (a) is an exempt document referred to in subsection (1); and (b) does not contain matter the disclosure of which under this Act would, on balance, be in the public interest. (3) Where a Minister is satisfied as mentioned in subsection (2) by reason only of matter contained in a particular part or particular parts of a document, a certificate under that subsection in respect of the document shall identify that part or those parts of the document as containing the matter by reason of which the certificate is given. (4) Where a Minister is satisfied that information as to the existence or non-existence of a document as described in a request would, if contained in a document: (a) cause the last-mentioned document to be an exempt document for a reason referred to in subsection (1); and (b) not cause the last-mentioned document to be a document containing matter the disclosure of which under this Act would be, on balance, in the public interest; the Minister may sign a certificate to that effect, specifying that reason. (4A) Subject to the operation of Part VI, such a certificate, so long as it remains in force, establishes conclusively that the document: (a) would be an exempt document referred to in subsection (1); and (b) would not contain matter the disclosure of which under this Act would, on balance, be in the public interest. (5) This section does not apply to a document in respect of matter in the document the disclosure of which under this Act would, on balance, be in the public interest. (6) The responsible Minister of an agency may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to the principal officer of the agency his or her powers under this section in respect of documents of the agency. (7) A power delegated under subsection (6), when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the responsible Minister. (8) A delegation under subsection (6) does not prevent the exercise of a power by the responsible Minister. 34 Cabinet documents (1) A document is an exempt document if it is: (a) a document that has been submitted to the Cabinet for its consideration or is proposed by a Minister to be so submitted, being a document that was brought into existence for the purpose of submission for consideration by the Cabinet; (b) an official record of the Cabinet; (c) a document that is a copy of, or of a part of, or contains an extract from, a document referred to in paragraph (a) or (b); or (d) a document the disclosure of which would involve the disclosure of any deliberation or decision of the Cabinet, other than a document by which a decision of the Cabinet was officially published. (1A) This section does not apply to a document (in this subsection referred to as a relevant document) that is referred to in paragraph (1)(a), or that is referred to in paragraph (1)(b) or (c) and is a copy of, or of part of, or contains an extract from, a document that is referred to in paragraph (1)(a), to the extent that the relevant document contains purely factual material unless: (a) the disclosure under this Act of that document would involve the disclosure of any deliberation or decision of the Cabinet; and (b) the fact of that deliberation or decision has not been officially published. (2) For the purposes of this Act, a certificate signed by the Secretary to the Department of the Prime Minister and Cabinet certifying that a document: (a) is one of a kind referred to in a paragraph of subsection (1); and (b) is not a document containing purely factual material that is excluded from the application of this section under subsection (1A); establishes conclusively, subject to the operation of Part VI, that it: (c) is an exempt document of that kind; and (d) is not a document containing such material. (3) Where a document is a document referred to in paragraph (1)(c) or (d) by reason only of matter contained in a particular part or particular parts of the document, a certificate under subsection (2) in respect of the document shall identify that part or those parts of the document as containing the matter by reason of which the certificate is given. (4) For the purposes of this Act, a certificate signed by the Secretary to the Department of the Prime Minister and Cabinet certifying that a document as described in a request would, if it existed: (a) be one of a kind referred to in a paragraph of subsection (1); and (b) not be a document containing purely factual material that is excluded from the application of this section under subsection (1A); establishes conclusively, subject to the operation of Part VI, that, if such a document exists, it: (c) is an exempt document of that kind; and (d) is not a document containing such material. (5) Where a certificate in accordance with subsection (4) has been signed in respect of a document as described in a request, the decision on the request may be a decision that access to a document as described in the request is refused on the ground that, if such a document existed, it would be an exempt document referred to in the paragraph of subsection (1) that is specified in the certificate. (6) A reference in this section to the Cabinet shall be read as including a reference to a committee of the Cabinet. 35 Executive Council documents (1) A document is an exempt document if it is: (a) a document that has been submitted to the Executive Council for its consideration or is proposed by a Minister to be so submitted, being a document that was brought into existence for the purpose of submission for consideration by the Executive Council; (b) an official record of the Executive Council; (c) a document that is a copy of, or of a part of, or contains an extract from, a document referred to in paragraph (a) or (b); or (d) a document the disclosure of which would involve the disclosure of any deliberation or advice of the Executive Council, other than a document by which an act of the Governor-General, acting with the advice of the Executive Council, was officially published. (1A) This section does not apply to a document (in this subsection referred to as a relevant document) that is referred to in paragraph (1)(a), or that is referred to in paragraph (1)(b) or (c) and is a copy of, or of part of, or contains an extract from, a document that is referred to in paragraph (1)(a), to the extent that the relevant document contains purely factual material unless: (a) the disclosure under this Act of that document would involve the disclosure of any deliberation or advice of the Executive Council; and (b) the fact of that deliberation or advice has not been officially published. (2) For the purposes of this Act, a certificate signed by a person who is, or is performing the duties of, the Secretary to the Executive Council, certifying that a document: (a) is one of a kind referred to in a paragraph of subsection (1); and (b) is not a document containing purely factual material that is excluded from the application of this section under subsection (1A); establishes conclusively, subject to the operation of Part VI, that it: (c) is an exempt document of that kind; and (d) is not a document containing such material. (3) Where a document is a document referred to in paragraph (1)(c) or (d) by reason only of matter contained in a particular part or particular parts of the document, a certificate under subsection (2) in respect of the document shall identify that part or those parts of the document as containing the matter by reason of which the certificate is given. (4) For the purposes of this Act, a certificate signed by a person who is, or is performing the duties of, the Secretary to the Executive Council, certifying that a document as described in a request would, if it existed: (a) be one of a kind referred to in a paragraph of subsection (1); and (b) not be a document containing purely factual material that is excluded from the application of this section under subsection (1A); establishes conclusively, subject to the operation of Part VI, that, if such a document exists, it: (c) is an exempt document of that kind; and (d) is not a document containing such material. (5) Where a certificate in accordance with subsection (4) has been signed in respect of a document as described in a request, the decision on the request may be a decision that access to a document as described in the request is refused on the ground that, if such a document existed, it would be an exempt document referred to in the paragraph of subsection (1) that is specified in the certificate. 36 Internal working documents (1) Subject to this section, a document is an exempt document if it is a document the disclosure of which under this Act: (a) would disclose matter in the nature of, or relating to, opinion, advice or recommendation obtained, prepared or recorded, or consultation or deliberation that has taken place, in the course of, or for the purposes of, the deliberative processes involved in the functions of an agency or Minister or of the Government of the Commonwealth; and (b) would be contrary to the public interest. (2) In the case of a document of the kind referred to in subsection 9(1), the matter referred to in paragraph (1)(a) of this section does not include matter that is used or to be used for the purpose of the making of decisions or recommendations referred to in subsection 9(1). (3) Where a Minister is satisfied, in relation to a document to which paragraph (1)(a) applies, that the disclosure of the document would be contrary to the public interest, he or she may sign a certificate to that effect (specifying the ground of public interest in relation to which the certificate is given) and, subject to the operation of Part VI, such a certificate, so long as it remains in force, establishes conclusively that the disclosure of that document would be contrary to the public interest. (4) Where a Minister is satisfied as mentioned in subsection (3) by reason only of matter contained in a particular part or particular parts of a document, a certificate under that subsection in respect of the document shall identify that part or those parts of the document as containing the matter by reason of which the certificate is given. (5) This section does not apply to a document by reason only of purely factual material contained in the document. (6) This section does not apply to: (a) reports (including reports concerning the results of studies, surveys or tests) of scientific or technical experts, whether employed within an agency or not, including reports expressing the opinions of such experts on scientific or technical matters; (b) reports of a prescribed body or organization established within an agency; or (c) the record of, or a formal statement of the reasons for, a final decision given in the exercise of a power or of an adjudicative function. (7) Where a decision is made under Part III that an applicant is not entitled to access to a document by reason of the application of this section, the notice under section 26 shall state the ground of public interest on which the decision is based. (8) The responsible Minister of an agency may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to the principal officer of the agency his or her powers under this section in respect of documents of the agency. (9) A power delegated under subsection (8), when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the responsible Minister. (10) A delegation under subsection (8) does not prevent the exercise of a power by the responsible Minister. 36A Periods for which certain certificates remain in force (1) The regulations may, in respect of certificates under subsections 33(2), 33(4), 33A(2), 33A(4), 34(2), 34(4), 35(2), 35(4) and 36(3), prescribe: (a) periods as the maximum periods during which such certificates may remain in force; and (b) the manner in which such certificates may be revoked before the end of such periods. (2) Where a regulation made for the purposes of subsection (1) provides a maximum period during which certificates of a particular kind may remain in force, a certificate of that kind (whether made before or after the regulation came into force) remains in force for that period unless it is revoked, in accordance with the regulations, before the end of that period. 37 Documents affecting enforcement of law and protection of public safety (1) A document is an exempt document if its disclosure under this Act would, or could reasonably be expected to: (a) prejudice the conduct of an investigation of a breach, or possible breach, of the law, or a failure, or possible failure, to comply with a law relating to taxation or prejudice the enforcement or proper administration of the law in a particular instance; (b) disclose, or enable a person to ascertain, the existence or identity of a confidential source of information, or the non- existence of a confidential source of information, in relation to the enforcement or administration of the law; or (c) endanger the life or physical safety of any person. (2) A document is an exempt document if its disclosure under this Act would, or could reasonably be expected to: (a) prejudice the fair trial of a person or the impartial adjudication of a particular case; (b) disclose lawful methods or procedures for preventing, detecting, investigating, or dealing with matters arising out of, breaches or evasions of the law the disclosure of which would, or would be reasonably likely to, prejudice the effectiveness of those methods or procedures; or (c) prejudice the maintenance or enforcement of lawful methods for the protection of public safety. (2A) For the purposes of paragraph (1)(b), a person is taken to be a confidential source of information in relation to the enforcement or administration of the law if the person is receiving, or has received, protection under a program conducted under the auspices of the Australian Federal Police, or the police force of a State or Territory, for the protection of: (a) witnesses; or (b) people who, because of their relationship to, or association with, a witness need, or may need, such protection; or (c) any other people who, for any other reason, need or may need, such protection. (3) In this section, law means law of the Commonwealth or of a State or Territory. 38 Documents to which secrecy provisions of enactments apply (1) Subject to subsection (1A), a document is an exempt document if: (a) disclosure of the document, or information contained in the document, is prohibited under a provision of an enactment; and (b) either: (i) that provision is specified in Schedule 3; or (ii) this section is expressly applied to the document, or information, by that provision, or by another provision of that or any other enactment. (1A) A person's right of access to a document under section 11 or 22 is not affected merely because the document is an exempt document under subsection (1) of this section if disclosure of the document, or information contained in the document, to that person is not prohibited by the enactment concerned or any other enactment. (2) Subject to subsection (3), if a person requests access to a document, this section does not apply in relation to the document so far as it contains personal information about the person. (3) This section applies in relation to a document so far as it contains personal information about a person if: (a) the person requests access to the document; and (b) disclosure of the document, or information contained in the document, is prohibited under section 503A of the Migration Act 1958 as affected by section 503D of that Act. 39 Documents affecting financial or property interests of the Commonwealth (1) Subject to subsection (2), a document is an exempt document if its disclosure under this Act would have a substantial adverse effect on the financial or property interests of the Commonwealth or of an agency. (2) This section does not apply to a document in respect of matter in the document the disclosure of which under this Act would, on balance, be in the public interest. 40 Documents concerning certain operations of agencies (1) Subject to subsection (2), a document is an exempt document if its disclosure under this Act would, or could reasonably be expected to: (a) prejudice the effectiveness of procedures or methods for the conduct of tests, examinations or audits by an agency; (b) prejudice the attainment of the objects of particular tests, examinations or audits conducted or to be conducted by an agency; (c) have a substantial adverse effect on the management or assessment of personnel by the Commonwealth or by an agency; (d) have a substantial adverse effect on the proper and efficient conduct of the operations of an agency; or (e) have a substantial adverse effect on the conduct by or on behalf of the Commonwealth or an agency of industrial relations. (2) This section does not apply to a document in respect of matter in the document the disclosure of which under this Act would, on balance, be in the public interest. 41 Documents affe