Freedom of Information (Fees and Charges) Regulations (Amendment) (Cth)

        

Statutory

Rules1991No. 320 1

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Freedom of Information (Fees and Charges)

Regulations 2(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Freedom of Information Act 1982.

 Dated 22 October 1991.

  BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

MICHAEL DUFFY

Attorney-General

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1.   Amendment

1.1   The Freedom of Information (Fees and Charges) Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on the day that the Freedom of Information Amendment Act 1991 commences: see Acts Interpretation Act 1901, s.4]

2.   Regulation 3 (Liability to pay charges)

2.1   Add at the end:

“(3)

A reference in items 2a and 6 of Part I of the Schedule to a maximum charge in respect of a request for access does not apply to an applicant:

(a)

who is not an Australian citizen; or

• (b)

  whose continued presence in Australia is subject to a limitation as to time that is imposed by law.”.

3.   Regulation 6 (Charges and fees not applicable in relation to certain documents)

3.1   Paragraph 6 (1) (b):

Omit the paragraph, substitute:

“(b)

the Social Security Act 1991;”.

4.   Regulation 11 (Charges to be paid before access is granted)

4.1   Subregulation 11 (3):

Omit “in accordance with section 30 of the Act”.

5.   Regulation 14 (Deposit not to be refunded)

5.1   Omit “under section 30 of the Act”.

6.   Schedule (Charges applicable in respect of a request for access to a document)

6.1   Item 2 of Part I:

Omit “Item 3”, substitute “item 2a or 3”

6.2   After item 2 of Part I, insert:

“2a If the request relates to a document that contains personal information about the applicant—a charge for the time spent by the agency or the Minister in searching for or retrieving the document $15 for each hour, to a maximum charge of $30”.

6.3   Part I:

Add at the end:

“6 If the document referred to in item 5 contains personal information about the applicant—a charge for the time that is spent in deciding whether to grant, refuse or defer access to the document or to grant access to a copy of the document with deletions $20 for each hour, to a maximum charge of $40”.

6.4   After item 4 of Part II, insert:

“4a A charge for the production by an agency of a copy of a document in the form of a computer tape or a computer disk an amount that does not exceed the actual costs incurred by the agency in producing the copy of the document”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 October 1991.

 

2. Statutory Rules 1982 No. 197 as amended by Act No. 111, 1986.