Commonwealth Consolidated Regulations

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FREEDOM OF INFORMATION (FEES AND CHARGES) REGULATIONS - REG 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.



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