Freedom of Information (Fees and Charges) Regulations 2018
South Australia Freedom of Information (Fees and Charges) Regulations 2018 under the Freedom of Information Act 1991
Contents 1 Short title 3 Interpretation 5 Waiver and remission (section 53(2)(a)) 6 Access to documents by Members of Parliament—prescribed threshold (section 53(2)(b)) Legislative history
1—Short title These regulations may be cited as the Freedom of Information (Fees and Charges) Regulations 2018. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Freedom of Information Act 1991; concession cardholder means a person who is the holder of— (a) a current concession card— (i) issued under an Act or law of the Commonwealth; or (ii) issued by the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Family and Community Services Act 1972, (other than a concession card the issue of which is not subject to a means test); or (b) a current student identification card issued to a student of a secondary or tertiary educational institution by that institution that indicates that the student is enrolled on a full‑time basis. 5—Waiver and remission (section 53(2)(a)) Where a person liable to pay a fee or charge to an agency prescribed for the purposes of the Act satisfies the agency— (a) that the person is a concession card holder; or (b) that payment of the fee or charge would cause financial hardship to the person, the agency must waive or remit the fee or charge. Note— Note that section 53(2a) of the Act provides that an agency may, as it thinks fit, waive, reduce or remit a fee or charge in circumstances other than those provided for in this regulation. 6—Access to documents by Members of Parliament—prescribed threshold (section 53(2)(b)) A Member of Parliament who applies for access to an agency's documents under the Act is entitled to access to the documents without charge unless the work generated by the application involves fees and charges (calculated in accordance with the fees and charges as prescribed) totalling more than $1 000. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of these regulations (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation revoked by principal regulations The Freedom of Information (Fees and Charges) Regulations 2018 revoked the following: Freedom of Information (Fees and Charges) Regulations 2003 Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2018 192 Gazette 2.8.2018 p2991 1.9.2018: r 2 2019 92 Gazette 13.6.2019 p1912 1.7.2019: r 2 2020 106 Gazette 4.6.2020 p2920 1.7.2020: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 1.7.2019 r 4 deleted by 106/2020 r 4 1.7.2020 r 5 varied by 106/2020 r 5 1.7.2020 r 6 varied by 106/2020 r 6 1.7.2020 Sch 1 substituted by 92/2019 r 4 1.7.2019
deleted by 106/2020 r 7 1.7.2020 Sch 2 omitted under Legislation Revision and Publication Act 2002 1.7.2019 Historical versions 1.7.2019