Freedom of Information (Fees) Regulations 2004 (TAS)

Freedom of Information (Fees) Regulations 2004

I, the Administrator in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Freedom of Information Act 1991 .13 December 2004

PETER G. UNDERWOOD

Administrator

By His Excellency’s Command,

JUDY JACKSON

Minister for Justice and Industrial Relations

1Short titleThese regulations may be cited as the Freedom of Information (Fees) Regulations 2004 . 2CommencementThese regulations take effect on 1 January 2005. 3InterpretationIn these regulations – Act means the Freedom of Information Act 1991 . 4Charges payableThe charges specified in Schedule 1 are the prescribed charges payable under the Act in respect of the matters specified in that Schedule. 5Charges reduced or waivedThe charges payable under the sections of the Act specified in Schedule 2 are to be waived or reduced as specified in that Schedule. 6Deposits payableFor the purposes of section 17(4) of the Act, the deposit is to be – (a) $25, if the agency or Minister believes the charge may not exceed $100; or (b) 50% of the expected charge, if the agency or Minister believes the charge may exceed $100. 7Charges to be actual costAll other charges under section 17 of the Act relating to a request for information are to be the actual costs incurred in meeting the request. Schedule 1Charges

Regulation 4

1.   The charge under section 17(1)(a) of the Act for finding a record containing information is 25 fee units per hour. 2.   The charge under section 17(1)(c) of the Act for supervising inspection of information is 25 fee units per hour. 3.   The charge under section 17(1)(d) of the Act for supplying a copy, making arrangements for viewing or supplying a transcript of information – (a) for non-coloured A4 pages of photocopy, is 0.2 fee units for each page copied; and (b) for a written transcript, is 15 fee units per double-spaced A4 page. Schedule 2Charges reduced or waived

Regulation 5

1.   Under section 17(1)(g)(i) of the Act, the charge for a request for personal information about the person requesting it is – (a) if the charge does not exceed $150, to be reduced by $50; or (b) if the charge exceeds $150, to be reduced by the amount by which the charge exceeds $100. 2.   Under section 17(1)(g)(ii) of the Act, the charge for information to be used for general public interest or benefit is to be reduced by $50. 3.   Under section 17(1)(g)(iii) of the Act, the charge for information where the applicant is impecunious is to be waived.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 22 December 2004

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations prescribe fees that are to be paid, reduced or waived under the