Document ID: chunk:federal_register_of_legislation:F2019L00348:reg:5
Version: federal_register_of_legislation:F2019L00348
Segment Type: reg
Provision Reference: reg 5
Character Range: 2512–4335

5  Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) agency;
(b) applicant;
(c) document;
(d) document of an agency;
(e) officer;
(f) official document of a Minister;
(g) personal information;
(h) request.
 (1) In this instrument:
Act means the Freedom of Information Act 1982.
relevant agency, in relation to a request, means the agency to which the request has been made or is taken, under section 16 of the Act, to have been made.
relevant Minister, in relation to a request, means the Minister to whom the request has been made or is taken, under section 16 of the Act, to have been made.
 (2) For the purposes of this instrument, the time spent by an agency or a Minister in searching for or retrieving a document:
 (a) if the document is not found in the place in which, according to the filing system of the agency, or the office of the Minister, it ought to be located—is the time that would have been spent by the agency or Minister in searching for or retrieving the document if the document had been found in that place; and
 (b) if the filing system of the agency, or the office of the Minister, ought reasonably to have indicated, but does not indicate, the place in which the document is located—is the time that would have been spent by the agency or Minister in searching for or retrieving the document if that filing system had indicated the place in which the document is located and the document had been found in that place.
 (3) For the purposes of this instrument, time spent by a person in searching for or retrieving a document of a Minister, or in doing a thing related to making a decision on a request for access to a document of a Minister, is taken to be time spent by the Minister in doing that activity.

Part 2—Charges