(1) The Information Commissioner may make a vexatious applicant declaration in relation to a person only if the Information Commissioner is satisfied of any of the following:
(i) the person has repeatedly engaged in access actions; and
(ii) the repeated engagement involves an abuse of the process for the access action;
(b) a particular access action in which the person engages involves, or would involve, an abuse of the process for that access action;
(c) a particular access action in which the person engages would be manifestly unreasonable.
(2) A person engages in an access action if the person does any of the following:
(a) makes a request;
(b) makes an application under section 48;
(c) makes an application for internal review;
(d) makes an IC review application.
(3) The Information Commissioner must not make a declaration in relation to a person without giving the person an opportunity to make written or oral submissions.
(4) In this section:
"abuse of the process for an access action" includes, but is not limited to, the following:
(a) harassing or intimidating an individual or an employee of an agency;
(b) unreasonably interfering with the operations of an agency;
(c) seeking to use the Act for the purpose of circumventing restrictions on access to a document (or documents) imposed by a court.