Page:Freedom of Information Act 1982 (Australia).pdf/18

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Freedom of InformationNo. 3, 1982

(4) Subject to sub-section 17 (1), where a person requests access to a document in a particular form and, for a reason specified in sub-section (3), access in that form is refused but access is given in another form, the applicant shall not be required to pay a charge in respect of the provision of access to the document that is greater than the charge that he would have been required to pay if access had been given in the form requested.

Deferment of access

21. (1) An agency which, or a Minister who, receives a request may defer the provision of access to the document concerned—

(a) if the publication of the document concerned is required by law— until the expiration of the period within which the document is required to be published;
(b) if the document concerned has been prepared for presentation to Parliament or for the purpose of being made available to a particular person or body or with the intention that it should be so made available —until the expiration of a reasonable period after its preparation for it to be so presented or made available;
(c) if the premature release of the document concerned would be contrary to the public interest—until the occurrence of any event after which or the expiration of any period of time beyond which the release of the document would not be contrary to the public interest; or
(d) if a Minister considers that the document concerned is of such general public interest that the Parliament should be informed of the contents of the document before the document is otherwise made public—until the expiration of 5 sitting days of either House of the Parliament.

(2) Where the provision of access to a document is deferred in accordance with sub-section (1), the agency or Minister shall, in informing the applicant of the reasons for the decision, indicate, as far as practicable, the period for which the deferment will operate.

(3) Sub-section 55 (1) does not apply in relation to a deferment under paragraph (1) (d) of this section.

Deletion of exempt matter

22. (1) Where—

(a) a decision is made not to grant a request for access to a document on the ground that it is an exempt document;
(b) it is possible for the agency or Minister to make a copy of the document with such deletions that the copy would not be an exempt document and would not, by reason of the deletions, be misleading; and
(c) it is reasonably practicable for the agency or Minister, having regard to the nature and extent of the work involved in deciding on and making those deletions and the resources available for that work, to make such a copy,