Freedom of InformationNo. 3, 1982
(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).
Documents in certain institutions
13. (1) A document shall not be deemed to be a document of an agency for the purposes of this Act by reason of its being—
- (a) in the memorial collection within the meaning of the Australian War Memorial Act 1980;
- (b) in the collection of library material maintained by the National Library of Australia;
- (c) material included in the historical material in the possession of the Museum of Australia; or
- (d) in the custody of the Australian Archives (otherwise than as a document relating to the administration of the Australian Archives), if the document was placed in that collection, or in that custody, by or on behalf of a person (including a Minister or former Minister) other than an agency.
(2) For the purposes of this Act, a document that has been placed in the custody of the Australian Archives, or in a collection referred to in sub-section (1), by an agency shall be deemed to be in the possession of that agency or, if that agency no longer exists, the agency to the functions of which the document is most closely related.
(3) Notwithstanding sub-sections (1) and (2), records of a Royal Commission that are in the custody of the Australian Archives shall, for the purposes of this Act, be deemed to be documents of an agency and to be in the possession of the Department administered by the Minister administering the Royal Commissions Act 1902.
(4) Nothing in this Act affects the provision of access to documents by the Australian Archives in accordance with the Archives Act 1982.
Access to documents apart from Act
14. Nothing in this Act is intended to prevent or discourage Ministers and agencies from publishing or giving access to documents (including exempt documents), otherwise than as required by this Act, where they can properly do so or are required by law to do so.
Requests for access
15. (1) A person who wishes to obtain access to a document of an agency or an official document of a Minister may make a request in writing to the agency or Minister for access to the document.
