Commonwealth Consolidated Acts

FREEDOM OF INFORMATION ACT 1982 - SECT 27

             (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in accordance with section 59 has expired and such an application (other than an application that has subsequently been withdrawn) has not been made; or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.