Commonwealth Consolidated Acts

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FREEDOM OF INFORMATION ACT 1982 - SECT 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.



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