Commonwealth Numbered Acts

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 12

12. (1) A person is not entitled to obtain access under this Part to -

   (a)  a document, or a copy of a document, to which sub-section 32 (1) of
the Archives Act 1982 applies;

   (b)  a document that is open to public access, as part of a public register
        or
otherwise, in accordance with another enactment, where that access is
subject to a fee or other charge; or

   (c)  a document that is available for purchase by the public in accordance
        with arrangements made by an agency.

(2) A person is not entitled to obtain access under this Part to a document or
a part of a document that became a document of an agency or an official
document of a Minister before the date of commencement of this Part unless -

   (a)  the document or that part of the document contains information
        relating to the personal affairs of that person and the document
        became a document of the agency or an
        official document of the Minister not earlier than 5 years before the
        date of commencement of this Part; or

   (b)  the document or that part of the document is a document or a part of a
        document access to which is reasonably necessary to enable a proper
        understanding of a document of an agency or an
        official document of a Minister to which that person has lawfully had
        access.

(3) Regulations may be made for the modification of sub-section (2) so as to
enable a person to obtain access under this Part to documents to which, but
for the making of those regulations, he would not be entitled to access under
this Part by reason of that sub-section.

(4) References in sub-section (3) to sub-section (2) shall be construed as
including references to sub-section (2) as previously modified in pursuance of
regulations made under sub-section (3).