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This is a Bill, not an Act. For current law, see the Acts databases.
Government Information (Public
Access) Amendment (Removal of
Application Fee) Bill 2012
No , 2012
A Bill for
An Act to amend the Government Information (Public Access) Act 2009 to remove
the requirement to pay a fee when making an application or other request for
government information under that Act, and to provide that a processing charge is
not payable for the first hour of dealing with any such application.
Government Information (Public Access) Amendment (Removal of
Clause 1 Application Fee) Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Government Information (Public Access) Amendment 3
(Removal of Application Fee) Act 2012. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Government Information (Public Access) Amendment (Removal of
Application Fee) Bill 2012
Amendment of Government Information (Public Access) Act 2009 No 52 Schedule 1
Schedule 1 Amendment of Government Information 1
(Public Access) Act 2009 No 52 2
[1] Sections 41 (1) (c), 51A, 52 (1) (b) and (5), 60 (6), 63 (3) and 64 (3) and 3
notes to sections 65 (1) and 127 4
Omit the provisions. 5
[2] Section 41 How to make an access application 6
Omit the note to section 41 (1). Insert instead: 7
Note. See section 52 (3) concerning assistance to be afforded by an 8
agency to an access applicant. 9
[3] Section 41 (2) 10
Omit "or the payment of an application fee". 11
[4] Section 41 (2) 12
Omit "and a fee paid by use of such a facility is considered to have 13
accompanied the application". 14
[5] Section 48 Effect of transfer of application 15
Omit "is not required to refund or transfer the application fee to the other 16
agency but" from section 48 (1). 17
[6] Section 48 (4) 18
Omit "not entitled to charge an application fee for the application but is". 19
[7] Sections 49 (5), 50 (2) and 78 (4) 20
Omit "application fee or" wherever occurring. 21
[8] Section 52 Agency assistance with invalid applications 22
Omit "pays the required fee or" from section 52 (2). 23
[9] Section 52 (2) 24
Omit "the fee or". Insert instead "the". 25
[10] Section 63 Deemed refusal if application not decided within time 26
Omit "and any application fee paid by the applicant is to be refunded" from 27
section 63 (1). 28
[11] Section 64 Processing charge for dealing with access application 29
Insert "(other than the first hour)" after "each hour" in section 64 (1). 30
Page 3
Government Information (Public Access) Amendment (Removal of
Application Fee) Bill 2012
Schedule 1 Amendment of Government Information (Public Access) Act 2009 No 52
[12] Section 66 Discounted processing charge--special public benefit 1
Omit the note to section 66 (1). Insert instead: 2
Note. A decision to reduce a processing charge is reviewable under 3
Part 5. 4
[13] Section 68 Advance deposit for payment of processing charge 5
Omit "application fee and" from section 68 (3) (d). 6
[14] Section 129 Regulations 7
Insert ", but not so as to impose a requirement to pay an application fee" after 8
"made" in section 129 (2) (b). 9
[15] Schedule 3 Savings, transitional and other provisions 10
Insert at the end of clause 1 (1): 11
Government Information (Public Access) Amendment (Removal 12
of Application Fee) Act 2012 13
[16] Schedule 3, Part 4 14
Insert after Part 3: 15
Part 4 Provision consequent on enactment of 16
Government Information (Public Access) 17
Amendment (Removal of Application Fee) 18
Act 2012 19
10 Application of amendments to pending access applications 20
(1) The amendments made by the amending Act do not apply to an 21
access application that was made but not finally determined 22
before the commencement of the amending Act. 23
(2) In this clause: 24
amending Act means the Government Information (Public 25
Access) Amendment (Removal of Application Fee) Act 2012. 26
Page 4
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