New South Wales Consolidated Acts

FREEDOM OF INFORMATION ACT 1989 - SECT 12

12 Defunct agencies

(1) A document that is to be taken to be held by an agency that has ceased to exist shall be taken to be held:

(a) if the former agency’s functions have devolved on another agency-by the other agency, or

(b) if the former agency’s functions have devolved on 2 or more other agencies-by the agency on which have devolved the functions to which the document most closely relates, or

(c) if the former agency’s functions have not devolved on another agency-by such other agency as the Minister may, after consultation with the responsible Minister for that agency, nominate.

(2) An application under this Act that has been made to an agency that has ceased to exist shall be taken to have been made:

(a) if the former agency’s functions have devolved on another agency-to the other agency, or

(b) if the former agency’s functions have devolved on 2 or more other agencies-to the agency on which have devolved the functions to which the document or record the subject of the application most closely relates, or

(c) if the former agency’s functions have not devolved on another agency-to such other agency as the Minister may, after consultation with the responsible Minister for that agency, nominate.

(3) A determination under this Act that has been made by an agency that has ceased to exist shall be taken to have been made:

(a) if the former agency’s functions have devolved on another agency-by the other agency, or

(b) if the former agency’s functions have devolved on 2 or more other agencies-by the agency on which have devolved the functions to which the document or record the subject of the determination most closely relates, or

(c) if the former agency’s functions have not devolved on another agency-by such other agency as the Minister may, after consultation with the responsible Minister for that agency, nominate.

(4) For the purpose of enabling an application or determination to be dealt with under this Act:

(a) an agency to which an application is to be taken to have been made, or

(b) an agency by which a determination is to be taken to have been made,

shall, if the agency did not exist at the time the application or determination was in fact made, be taken to have been in existence at that time.