[pic] Freedom of Information (Fees and Charges) Regulations Statutory Rules 1982 No. 197 as amended made under the Freedom of Information Act 1982 This compilation was prepared on 29 May 2003 taking into account amendments up to SR 1991 No. 320 Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents 1 Citation [see Note 1] 3 2 Interpretation 3 3 Liability to pay charges 4 4 Charges applicable generally 5 5 Application fees 5 6 Charges and fees not applicable in relation to certain documents 5 8 Liability for charges where access may be provided in more than one form 7 9 Charges based on estimates of time etc may be fixed in certain cases 7 10 Readjustment of liability for charges in cases where regulation 9 applies 9 11 Charges to be paid before access is granted 10 12 Deposits 11 13 Applicant to be notified of liability to pay deposit 11 14 Deposit not to be refunded 12 Schedule 13 Part I Charges applicable in respect of a request for access to a document 13 Part II Charges applicable in respect of the provision of access to a document to which a request relates 15 Notes 19 1 Citation [see Note 1] These Regulations may be cited as the Freedom of Information (Fees and Charges) Regulations. 2 Interpretation (1) In these Regulations, unless the contrary intention appears: relevant agency, in relation to a request, means the agency to which the request has been made or is to be deemed, by virtue of section 16 of the Act, to have been made. relevant Minister, in relation to a request, means the Minister to whom the request has been made or is to be deemed, by virtue of section 16 of the Act, to have been made. the Act means the Freedom of Information Act 1982. written document, in relation to a request, means a document other than: (a) a document produced for the purposes of the request by an agency 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 document held in the agency, being 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; or (b) a document that is an article or thing from which sounds or visual images are capable of being produced. (2) In these Regulations, unless the contrary intention appears, a reference to the time spent by an agency or a Minister in searching for or retrieving a document does not include: (a) where the document is not found in the place in which, according to the filing system of the agency or of the office of the Minister, as the case may be, (in this subregulation referred to as the 'relevant filing system') it ought to be located - any time other than such time as would have been spent by the agency or Minister in searching for or retrieving the document if the document had been found in that place; or (b) where the relevant filing system ought reasonably to have indicated, but does not indicate, the place in which the document is located - any time other than such time as would have been spent by the agency or Minister in searching for or retrieving the document if the relevant filing system had indicated the place in which the document is located and the document had been found in that place. (3) For the purposes of these Regulations, time spent by a person in searching for or retrieving an official document of a Minister shall be taken to be time spent by the Minister in searching for or retrieving the document. 3 Liability to pay charges (1) Where an applicant has made a request for access to a document of an agency or an official document of a Minister, the agency or Minister may make a decision whether the applicant is liable to pay, in respect of the request or in respect of the provision to the applicant of access to the document, any of the charges applicable under these Regulations, other than an application fee. (2) Where an agency or a Minister has, under subregulation (1), made a decision that an applicant is liable to pay a charge, then, except where regulation 8, 9 or 10 applies, the charge is payable by the applicant in the amount or at the rate fixed by, or in accordance with, the Schedule. (3) A reference in items 2A and 6 of Part I of the Schedule to a maximum charge in respect of a request for access does not apply to an applicant: (a) who is not an Australian citizen; or (b) whose continued presence in Australia is subject to a limitation as to time that is imposed by law. 4 Charges applicable generally Subject to these Regulations: (a) the charges set out in Part I of the Schedule are applicable in respect of a request for access to a document; and (b) the charges set out in Part II of the Schedule are applicable in respect of the provision of access to a document to which a request relates. 5 Application fees For the purposes of subsection 4 (8) of the Act: (a) an application fee of $30 is, subject to regulation 6, applicable in respect of an application under subsection 15 (1) of the Act; and (b) an application fee of $40 is, subject to regulation 6, applicable in respect of an application under subsection 54 (1) of the Act. 6 Charges and fees not applicable in relation to certain documents (1) In this regulation, prescribed benefit means a pension, allowance or benefit payable under: (a) the Seamen's War Pensions and Allowances Act 1940; (b) the Social Security Act 1991; (c) the Student Assistance Act 1973; or (d) the Veterans' Entitlements Act 1986; and any payment of a like nature the purpose of which is to provide income support to persons of inadequate means. (2) Regulation 4 does not apply in relation to a request for, or the provision of, access to a document: (a) that contains information (in this subregulation referred to as 'relevant information') relating to a claim for, or a decision in relation to, the payment to the applicant of a prescribed benefit; and (b) to which the applicant: (i) has not, pursuant to a request, had access during the period of 3 months immediately preceding the day on which the first- mentioned request was made; or (ii) has, pursuant to a request, had access during the period referred to in subparagraph (i) but the contents of which, in so far as they relate to relevant information, have (whether by way of addition, omission or alteration) been modified in a material particular after the day on which the applicant last had, pursuant to a request, access to the document. (3) Regulation 5 does not apply in relation to: (a) an application under subsection 15 (1) of the Act requesting access to a document; or (b) an application under subsection 54 (1) of the Act requesting the review of a decision relating to a request for access to a document; being a document: (c) that contains information (in this subregulation referred to as 'relevant information') relating to a claim for, or a decision in relation to, the payment to the applicant of a prescribed benefit; and (d) to which the applicant: (i) has not, pursuant to a request, had access during the period of 3 months immediately preceding the day on which the application referred to in paragraph (a) or the request for access referred to in paragraph (b), as the case may be, was made; or (ii) has, pursuant to a request, had access during the period referred to in subparagraph (i) but the contents of which, in so far as they relate to relevant information, have (whether by way of addition, omission or alteration) been modified in a material particular after the day on which the applicant last had, pursuant to a request, access to the document. 8 Liability for charges where access may be provided in more than one form Where: (a) access to a document to which a request relates may be provided in any of 2 or more forms; (b) the applicant has not requested access to the document in a particular form; and (c) the amount of the charge or charges that, but for this regulation, the applicant would be liable to pay in respect of the request and the provision of access, in the form selected by the relevant agency or the relevant Minister, to the document exceeds the lowest amount (in this regulation referred to as the 'prescribed amount') of the charge or charges that the applicant would have been liable to pay in respect of the request and the provision of access to the document if access had been given in some other form; the amount of the charge or charges that the applicant is liable to pay shall not exceed the prescribed amount. 9 Charges based on estimates of time etc may be fixed in certain cases (1) Where, at the time (in this subregulation referred to as the 'relevant time') that an agency or a Minister proposes to notify an applicant under section 29 of the Act that he is liable to pay a charge in respect of the request that he has made for access to a document, the agency or Minister has not taken any or all of the steps necessary to enable the agency or Minister to make a decision on the request, the agency or Minister may fix, as the amount of the charge, such amount as would be the amount ascertained in accordance with the Schedule in respect of the charge if, at the relevant time, all steps that would, in the opinion of the agency or Minister, be necessary to enable a decision to be made on the request had been taken by the agency or Minister. (2) Where, at the time (in this subregulation referred to as the 'relevant time') that an agency or a Minister proposes to notify an applicant under section 29 of the Act that he is liable to pay a charge (other than a charge in relation to which subregulation (3) applies) in respect of the provision of access to a document, the agency or Minister has not taken any or all of the steps necessary to enable the applicant to be given access to the document, the agency or Minister may fix, as the amount of the charge, such amount as would be the amount ascertained in accordance with the Schedule in respect of the charge if, at the relevant time, all steps that are, or would, in the opinion of the agency or Minister, be, necessary to enable the applicant to be given access to the document had been taken by the agency or Minister. (3) Where: (a) access to a document is to be given to an applicant in the form of an opportunity to inspect the document under the supervision of an officer; and (b) the relevant agency or the relevant Minister makes a decision that the applicant is liable to pay a charge in respect of the period during which the officer is to supervise the inspection; the relevant agency or the relevant Minister may fix, as the amount of the charge, such amount as would be the amount ascertained in accordance with the Schedule in respect of the charge if: (c) at the time that the decision is made, the applicant had availed himself of the opportunity so to inspect the document; and (d) the period during which the officer supervised the inspection was such period as is determined by the agency or Minister to be the period reasonably required for the inspection. (4) Where an agency or a Minister has, in accordance with subregulation (1), (2) or (3), fixed an amount in respect of a charge that an applicant is liable to pay, the applicant is, subject to regulation 10, liable to pay the charge in the amount so fixed. (5) In subregulation (3), a reference, in relation to a document, to an opportunity to inspect the document shall, in relation to a document that is an article or thing from which sounds or visual images are capable of being produced, be read as a reference to the arrangements made for the applicant to hear or view those sounds or images and 'inspection' shall, in relation to such a document, be construed accordingly. 10 Readjustment of liability for charges in cases where regulation 9 applies (1) Where: (a) an agency or a Minister has, in accordance with subregulation 9 (1), (2) or (3), fixed an amount in respect of a charge that an applicant is liable to pay; and (b) after: (i) in the case of a charge in respect of a request for access to a document - the agency or Minister has made a decision on the request; (ii) in the case of a charge (other than a charge in respect of which an amount has been fixed in accordance with subregulation 9 (3)) in respect of the provision of access to a document - the agency or Minister has taken all steps necessary to enable the applicant to be given access to the document; or (iii) in the case of a charge in respect of the provision of access to a document, being a charge in respect of which an amount has been fixed in accordance with subregulation 9 (3) - the applicant has had access to the document; it is ascertained that the amount so fixed in respect of the charge does not equal the amount (in this regulation referred to as the 'prescribed amount') that, but for regulation 9, the applicant would, under these Regulations, be liable to pay in respect of the charge; the agency or Minister shall, subject to subregulation (2), fix, as the amount of the charge, an amount equal to the prescribed amount. (2) Where an agency or a Minister makes a decision not to grant a request for access to a document, the agency or Minister shall not fix, under subregulation (1), an amount in respect of a charge unless the prescribed amount in relation to the charge is less than the amount fixed in respect of the charge in accordance with subregulation 9 (1), (2) or (3), as the case may be. (3) Where an agency or a Minister has, in accordance with subregulation (1), fixed an amount in respect of a charge that an applicant is liable to pay, the applicant is liable to pay that amount in respect of the charge in lieu of the amount fixed in respect of the charge in accordance with subregulation 9 (1), (2) or (3), as the case may be. (4) Where an applicant is, under subregulation (3), liable to pay to an agency or Minister in respect of a charge an amount fixed in accordance with subregulation (1), then: (a) if the applicant has, under subregulation 9 (4), paid to the agency or Minister in respect of the charge an amount that exceeds the first-mentioned amount - the applicant is entitled to a refund in an amount equal to the amount of the excess; or (b) if the applicant has, under subregulation 9 (4), paid to the agency or Minister in respect of the charge an amount that is less than the first-mentioned amount - the amount so paid by him shall be deemed to have been paid as a deposit on account of the charge. 11 Charges to be paid before access is granted (1) Subject to subregulation (2), where an applicant is liable to pay a charge in respect of a request for access to a document or in respect of the provision of access to the document, the charge shall be paid to the relevant agency or the relevant Minister before access is granted to the document. (2) Subregulation (1) does not apply to or in relation to a charge of a kind referred to in Item 1 of Part II of the Schedule except where the charge is payable in an amount fixed in accordance with subregulation 9 (3). (3) In this regulation, 'charge' does not include a charge or any part of a charge that has been remitted. 12 Deposits (1) Where: (a) an agency or a Minister has made a decision that an applicant is liable to pay, in respect of a request or in respect of the provision of access to the document to which the request relates, a charge or charges other than a charge or charges applicable by virtue of regulation 6 or 7; and (b) the amount, or the estimated amount, of that charge or of those charges exceeds $25; the agency or Minister may make a decision whether the applicant is required to pay a deposit on account of the charge or charges that the applicant is liable to pay under these Regulations. (2) Where an agency or a Minister has made a decision that an applicant is required to pay a deposit on account of the charge or charges that the applicant is liable to pay under these Regulations, the amount of the deposit is such amount not exceeding: (a) where the amount, or the estimated amount, of the charge or charges exceeds $25 but does not exceed $100 - $20; or (b) where that amount or estimated amount exceeds $100 - 25 per centum of that amount or estimated amount; as is determined by the agency or Minister. 13 Applicant to be notified of liability to pay deposit (1) Where, by virtue of a decision of an agency or a Minister, an applicant is required to pay a deposit on account of a charge or charges, the agency or Minister shall notify the applicant, in writing, accordingly and shall specify in the notification the amount of the deposit. (2) A notification under subregulation (1) in respect of a deposit on account of a charge or charges shall be given to the applicant at the same time as the notification under section 29 of the Act in relation to the charge or charges is given to him. 14 Deposit not to be refunded A deposit paid by an applicant on account of a charge or charges, or any part of such a deposit, shall not be refunded to the applicant otherwise than in compliance with a decision to remit in whole or in part the charge or charges. Schedule Part I Charges applicable in respect of a request for access to a document (regulation 4) |Item |Charge |Amount or Rate | |No | |of Charge | |2 |Where the request relates to a |$15.00 per hour | | |document other than a document | | | |in relation to which a charge | | | |is applicable under item 2A or | | | |3 - a charge in respect of the | | | |time spent by the relevant | | | |agency or the relevant Minister| | | |in searching for or retrieving | | | |the document | | |2A |If the request relates to a |$15 for each | | |document that contains personal|hour, to a | | |information about the |maximum charge | | |applicant - a charge for the |of $30 | | |time spent by the agency or the| | | |Minister in searching for or | | | |retrieving the document | | |3 |Where the request, being a |an amount not | | |request made to an agency, is |exceeding the | | |in respect of information that |actual cost | | |is not available in discrete |incurred by the | | |form in documents of the |agency in | | |agency - a charge in respect of|producing the | | |the production of a document |document | | |containing the information in | | | |discrete form by the use of a | | | |computer or other equipment | | | |that is ordinarily available to| | | |the agency for retrieving or | | | |collating stored information | | |4 |Where |$4.40 per page | | |(a) the request relates to a |of transcript | | |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; | | | |and | | | | (b) for the purpose of making | | | |a decision on the request, a | | | |written transcript of the words| | | |recorded or contained in the | | | |document is produced, a charge | | | |in respect of the production of| | | |such a written transcript | | |5 |A charge in respect of the time|$20.00 per hour | | |that is spent (other than on an| | | |application under section 54 of| | | |the Act for the review of a | | | |decision) by an agency or | | | |Minister in deciding whether to| | | |grant, refuse or defer access | | | |to the document or to grant | | | |access to a copy of the | | | |document with deletions, | | | |including time spent | | | |(a) in examining the document; | | | |(b) in consultation with any | | | |person or body; | | | |(c) in making a copy with | | | |deletions; or | | | |(d) in notifying any interim or| | | |final decision on the request | | |6 |If the document referred to in |$20 for each | | |item 5 contains personal |hour, to a | | |information about the |maximum charge | | |applicant - a charge for the |of $40 | | |time that is spent in deciding | | | |whether to grant, refuse or | | | |defer access to the document or| | | |to grant access to a copy of | | | |the document with deletions | | Part II Charges applicable in respect of the provision of access to a document to which a request relates (regulation 4) |Item No|Charge |Amount or Rate | | | |of Charge | |1 |Where access to the document to|if the period | | |which the request relates is |does not exceed | | |given |half an hour - | | |(a) in the form of an |$6.25 | | |opportunity to inspect the |if the period | | |document under the supervision |exceeds half an | | |of an officer; or |hour, for each | | |(b) in the case of a document |half-hour, and | | |that is an article or thing |any period not | | |from which sounds or visual |exceeding half | | |images are capable of being |an hour, | | |produced - in the form of |included in the | | |arrangements for the applicant |period - $6.25 | | |to hear or view those sounds or| | | |visual images under the | | | |supervision of an officer, | | | |a charge in respect of the | | | |period during which the officer| | | |supervises the inspection, | | | |hearing or viewing, as the case| | | |may be | | |2 |Where the request relates to a |10 cents per | | |written document and access to |page | | |the document is given in the | | | |form of the provision of a | | | |photocopy of the document - a | | | |charge in respect of the number| | | |of pages of photocopy provided | | | |to the applicant | | |3 |Where the request relates to a |$4.40 per page | | |written document and access to | | | |the document is given in the | | | |form of the provision of a copy| | | |(other than a photocopy) of the| | | |document - a charge in respect | | | |of the number of pages of copy | | | |provided to the applicant | | |4 |Where |an amount not | | |(a) the request, being a |exceeding the | | |request made to an agency, is |actual costs | | |in respect of information (in |incurred by the | | |this item referred to as the |agency in | | |'relevant information') that is|producing such a| | |available in discrete form in a|copy of the | | |document produced (whether for |document | | |the purposes of the request or | | | |not) by the use of a computer | | | |or other equipment that is | | | |ordinarily available to the | | | |agency for retrieving or | | | |collating stored information; | | | |(b) deletions are made from the| | | |document before access to it is| | | |given to the applicant; and | | | |(c) it is not reasonably | | | |practicable to make these | | | |deletions otherwise than by the| | | |use of a computer or other | | | |equipment referred to in | | | |paragraph (a), a charge in | | | |respect of the production by | | | |the computer or other equipment| | | |of a copy of the document with | | | |those deletions | | |4A |A charge for the production by |an amount that | | |an agency of a copy of a |does not exceed | | |document in the form of a |the actual costs| | |computer tape or a computer |incurred by the | | |disk |agency in | | | |producing the | | | |copy of the | | | |document | |5 |Where |an amount not | | |(a) the request relates to a |exceeding the | | |document that is an article or |actual costs | | |thing from which sounds or |incurred by the | | |visual images are capable of |relevant agency | | |being produced; and |or Minister in | | | |respect of those| | | |arrangements | | | (b) access to the document is | | | |given in the form of | | | |arrangements for the applicant | | | |to hear or view those sounds or| | | |visual images, a charge in | | | |respect of the arrangements so | | | |made other than any | | | |arrangements in respect of | | | |which a charge is applicable | | | |under Item 1 | | |6 |Where |an amount not | | |(a) the request relates to a |exceeding the | | |document that is an article or |actual costs | | |thing from which sounds or |(including, | | |visual images are capable of |where | | |being produced; and |applicable, the | | |(b) access is given in the form|cost of any | | |of the provision of a copy of |tape, film or | | |the document, a charge in |other article or| | |respect of the production of |thing provided) | | |the copy so provided |incurred by the | | | |relevant agency | | | |or Minister in | | | |producing the | | | |copy | |7 |Where |$4.40 per page | | |(a) the request relates to a |of transcript | | |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; | | | |(b) access is given in the form| | | |of the provision of a written | | | |transcript (with or without | | | |deletions) of the words | | | |recorded or contained in the | | | |document; and | | | |(c) the applicant has not paid,| | | |or is not liable to pay, as a | | | |charge in respect of the | | | |request for access to the | | | |document, a charge in respect | | | |of the production of such a | | | |written transcript, a charge in| | | |respect of the production of | | | |that written transcript | | |8 |Where |an amount not | | |(a) access to the document to |exceeding the | | |which the request relates is to|cost of postage | | |be given in the form of the |or delivery | | |provision of a copy of the | | | |document; and | | | |(b) the copy so provided is, at| | | |the request of the applicant, | | | |to be sent by post or delivered| | | |to him at a place other than an| | | |Information Access Office, | | | |a charge in respect of the | | | |posting or delivery of the copy| | Notes to the Freedom of Information (Fees and Charges) Regulations Note 1 The Freedom of Information (Fees and Charges) Regulations (in force under the Freedom of Information Act 1982) as shown in this compilation comprise Statutory Rules 1982 No. 197 amended as indicated in the Tables below. The Freedom of Information (Fees and Charges) Regulations were amended by the Freedom of Information Laws Amendment Act 1986. The amendments are incorporated in this compilation. For application, saving or transitional provisions relating to the amendments see sections 27 and 28 of the abovementioned Act. Table of Statutory Rules |Year and |Date of |Date of |Application,| |number |notification|commencement |saving or | | | | |transitional| | |in Gazette | |provisions | |1982 No. 197|20 Aug 1982 |1 Dec 1982 | | | | |(see Gazette | | | | |1982, No. G48) | | |1985 No. 113|20 June 1985|20 June 1985 |R. 8 | |(a) | | | | |1991 No. 320|24 Oct 1991 |25 Oct 1991 (see |- | | | |r. 1) | | (a) Statutory Rules 1985 No. 113 was disallowed by the Senate on 13 November 1985. Table of Amendments |ad. = added or inserted am. = amended rep. = | |repealed rs. = repealed and substituted | |Provision affected|How affected | |R. 1 |am. Act No. 111, 1986 | |R. 3 |am. Act No. 111, 1986; 1991 No. 320 | |R. 5 |rs. Act No. 111, 1986 | |R. 6 |rs. Act No. 111, 1986 | | |am. 1991 No. 320 | |R. 7 |rep. Act No. 111, 1986 | |R. 11 |am. Act No. 111, 1986; 1991 No. 320 | |R. 14 |am. 1991 No. 320 | |Schedule | | |Schedule |am. Act No. 111, 1986; 1991 No. 320 |