Commonwealth Consolidated Acts

FREEDOM OF INFORMATION ACT 1982 - SECT 26A

             (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document under section 33A has expired and such an application (other than an application that has subsequently been withdrawn) has not been made; or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.