Freedom of Information (Fees and Charges) Regulations 2018 (SA)

South Australia

Freedom of Information (Fees and Charges) Regulations 2018

under the Freedom of Information Act 1991

1Short title

These regulations may be cited as the Freedom of Information (Fees and Charges) Regulations 2018.

3Interpretation

In these regulations, unless the contrary intention appears—

Act means the Freedom of Information Act 1991;

concession cardholder means a person who is the holder of—

1. (a)

   a current concession card—

   1. (i)

      issued under an Act or law of the Commonwealth; or

   2. (ii)

      issued by the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Family and Community Services Act 1972,

(other than a concession card the issue of which is not subject to a means test); or

1. (b)

   a current student identification card issued to a student of a secondary or tertiary educational institution by that institution that indicates that the student is enrolled on a full‑time basis.

5Waiver and remission (section 53(2)(a))

Where a person liable to pay a fee or charge to an agency prescribed for the purposes of the Act satisfies the agency—

1. (a)

   that the person is a concession card holder; or

2. (b)

   that payment of the fee or charge would cause financial hardship to the person,

the agency must waive or remit the fee or charge.

Note—

Note that section 53(2a) of the Act provides that an agency may, as it thinks fit, waive, reduce or remit a fee or charge in circumstances other than those provided for in this regulation.

6Access to documents by Members of Parliament – prescribed threshold (section 53(2)(b))

A Member of Parliament who applies for access to an agency's documents under the Act is entitled to access to the documents without charge unless the work generated by the application involves fees and charges (calculated in accordance with the fees and charges as prescribed) totalling more than $1 000.

Legislative history

Notes

• •

  Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

• •

  Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or revoked by principal regulations

  The Freedom of Information (Fees and Charges) Regulations 2018 revoked the following:

  Freedom of Information (Fees and Charges) Regulations 2003

  Principal regulations and variations

  New entries appear in bold.

  Year	No	Reference	Commencement
  2018	192	Gazette 2.8.2018 p2991	1.9.2018: r 2
  2019	92	Gazette 13.6.2019 p1912	1.7.2019: r 2
  2020	106	Gazette 4.6.2020 p2920	1.7.2020: r 2

  Provisions varied

  New entries appear in bold.

  Entries that relate to provisions that have been deleted appear in italics.

  Provision	How varied	Commencement
  r 2	omitted under Legislation Revision and Publication Act 2002	1.7.2019
  r 4	deleted by 106/2020 r 4	1.7.2020
  r 5	varied by 106/2020 r 5	1.7.2020
  r 6	varied by 106/2020 r 6	1.7.2020
  Sch 1	substituted by 92/2019 r 4	1.7.2019
  deleted by 106/2020 r 7	1.7.2020
  Sch 2	omitted under Legislation Revision and Publication Act 2002	1.7.2019

  Historical versions

  1.7.2019