Commonwealth Numbered Acts

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 27

27. (1) Where -

   (a)  a request is received by an agency or Minister in respect of a
        document
containing information concerning a person in respect of his business
or professional affairs or concerning the business, commercial or
financial affairs of an organization or undertaking; and

   (b)  it appears to the officer or Minister dealing with the request, or to
        a
person reviewing under section 54 a decision refusing the request,
that the person or organization, or the proprietor of the undertaking,
referred to in paragraph (a) might reasonably wish to contend that the
document is an exempt document under section 43, a decision to grant access
under this Act to the document, so far as it contains the information referred
to in paragraph (a), shall not be made unless, where it is reasonably
practicable to do so having regard to all the circumstances, including the
application of section 19 -

   (c)  the agency or Minister has given to that person or organization or the
proprietor of that undertaking a reasonable opportunity of making
submissions in support of a contention that the document 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 sub-section
(1), a decision is made that the document, so far as it contains the
information referred to in paragraph (1) (a), 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, so far as it contains the
        information referred to in paragraph (1) (a), unless -

        (i)    the time for an application to the Tribunal by that person in
accordance with section 59 has expired and such an application
has not been made; or

        (ii)   such an application has been made and the Tribunal has
confirmed the decision.