Information as to existence of particular documents
55 Information as to existence of particular documents
Nothing in this Act requires an agency or
Minister to give information as to the existence or non-existence of a document containing prescribed information.
For an access application for a document containing prescribed information, the agency or Minister may give a prescribed written notice that does not include the details mentioned in section 191(a) or (b) but, by way of a decision, states that—
the agency or Minister neither confirms nor denies the existence of that type of document as a document of the agency or a document of the Minister; but
assuming the existence of the document, it would be a document to which access would be refused under section 47(3) to the extent it comprised prescribed information.
To avoid any doubt, it is declared that a decision that states the matters mentioned in subsection (2) is a decision refusing access to a document under section 47.
Note—
A decision refusing access to a document under section 47 is a reviewable decision—see schedule 4A, section 1(e).
This provision refers to the regulations (prescribed information
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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