Access to exempt and conditionally exempt documents
31A Access to exempt and conditionally exempt documents
The following table summarises how this Act applies to exempt documents and documents that are conditionally exempt:
How this Act applies to exempt and conditionally exempt documents | |||
Item | If … | then … | because of … |
1 | a document is an exempt document under Division 2 (exemptions) or under paragraph (b) or (c) of the definition of exempt document in subsection 4(1) | access to the document is not required to be given
| subsection 11A(4). |
2 | a document is a conditionally exempt document under Division 3 (public interest conditional exemptions) | access to the document is required to be given, unless it would be contrary to the public interest | subsection 11A(5) (see also section 11B (public interest factors)). |
3 | a document is an exempt document as mentioned in item 1, and also a conditionally exempt document under Division 3 | access to the document is not required to be given
| subsections 11A(4) and (6), and section 32 (interpretation). |
4 | access to a document is refused because it contains exempt matter, and the exempt matter can be deleted | (a) an edited copy deleting the exempt matter must be prepared (if practicable); and (b) access to the edited copy must be given; | section 22. |
5 | a document is an exempt document because of any provision of this Act | access to the document may be given apart from under this Act | section 3A (objects—information or documents otherwise accessible). |
This Act’s bill:Explanatory memorandumSecond reading speech
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