Document ID: chunk:federal_register_of_legislation:C2004A04760:body:0:p20
Version: federal_register_of_legislation:C2004A04760
Segment Type: other
Provision Reference: 
Character Range: 48585–51554

of the showing of the document.".

Division 4—Amendments relating to documents containing personal information

Object of Division

56. The object of this Division is to limit the circumstances in which an agency or Minister is required to consult about the disclosure of documents containing personal information to cases where the person concerned might reasonably wish to contend that the document is exempt.

Procedure on request in respect of documents containing personal information

  57. Section 27A of the Principal Act is amended:

  (a) by inserting before subsection (1) the following subsection:

       "(1AA) This section applies if:

        (a) a request is received by an agency or Minister in respect of a document containing personal information about a person (including a person who has died); and

      (b) it appears to:

            (i) the officer or Minister dealing with the request; or

            (ii) a person (the 'reviewer') reviewing under section 54 a decision refusing the request;

        that the person referred to in paragraph (a) or, if that person has died, the legal personal representative of that person, might reasonably wish to contend that the document, so far as it contains that information, is an exempt document under section 41.";

  (b) by omitting from subsection (1) "Where a request is received by an agency or Minister in respect of a document containing personal information about a person (including a deceased person), a" and substituting "A";

  (c) by inserting after subsection (1) the following subsection:

    "(1A) In determining, for the purposes of subsection (1AA), whether a person might reasonably wish to contend that a document, so far as it contains personal information, is an exempt document under section 41, the officer, Minister or reviewer, as the case requires, must have regard to the following matters:

      (a) the extent to which the personal information is well known;

        (b) whether the person to whom the personal information relates is known to be associated with the matters dealt with in the document;

        (c) the availability of the personal information from publicly accessible sources;

        (d) such other matters as the officer, Minister or reviewer, as the case requires, considers relevant.".

Internal review

58. Section 54 of the Principal Act is amended by omitting from paragraph (1E)(a) "paragraph 27A(1)(a)" and substituting "subsection 27A(1AA)".

Application

59. The amendments made by this Division apply to a request made after the commencement of this section.

Division 5—Amendments relating to time limits

Object of Division

60. The object of this Division is to standardise the time limits applying to certain decisions.

Charges

61. Section 29 of the Principal Act is amended by omitting from subsections (6) and (7) "28" and substituting "30".

Remission of application fees

62. Section 30A of the Principal Act is amended by