Commonwealth Consolidated Acts

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FREEDOM OF INFORMATION ACT 1982 - SECT 24A

Requests may be refused if documents cannot be found, do not exist or have not been received

Document lost or non - existent

  (1)   An agency or Minister may refuse a request for access to a document if:

  (a)   all reasonable steps have been taken to find the document; and

  (b)   the agency or Minister is satisfied that the document:

  (i)   is in the agency's or Minister's possession but cannot be found; or

  (ii)   does not exist.

Document not received as required by contract

  (2)   An agency may refuse a request for access to a document if:

  (a)   in order to comply with section   6C, the agency has taken contractual measures to ensure that it receives the document; and

  (b)   the agency has not received the document; and

  (c)   the agency has taken all reasonable steps to receive the document in accordance with those contractual measures.


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