NORTHERN TERRITORY OF AUSTRALIA
INFORMATION REGULATIONS 2003
As in force at 25 May 2024
Table of provisions
1 Citation ............................................................................................ 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
5 Application fee – section 156(4)(a) .................................................. 1
6 Processing fee – section 156(4)(a) .................................................. 2
7 Estimate of processing fee .............................................................. 2
8 Effect of estimate on response time for application ......................... 3
9 Deposit for processing fee – section 156(4)(ca) .............................. 4
10 Difference between estimate and processing fee ............................ 4
Schedule
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 25 May 2024
INFORMATION REGULATIONS 2003
Regulations under the Information Act 2002
1 Citation
These Regulations may be cited as the Information
Regulations 2003.
2 Commencement
These Regulations come into operation on the commencement of
the Information Act 2002.
3 Definitions
In these Regulations:
actual cost, of any service or materials specified in the Schedule,
means the actual cost incurred by a public sector organisation in
providing the service or materials.
non-personal information, for an application, means government
information that is not the applicant's personal information.
personal information, for an application, means government
information that is the applicant's personal information.
prescribed PSO means a public sector organisation, other than a
Government Business Division, a local government council, or a
higher education institution as defined in the Higher Education
Act 2004.
secondary storage, of information, means storage provided for or
on behalf of a public sector organisation by an organisation that is
not a public sector organisation.
5 Application fee – section 156(4)(a)
(1) Subject to subregulation (2), a public sector organisation may
charge the following application fees:
(a) for an application relating to personal information – nil;
Information Regulations 2003 2
(b) for an application relating to non-personal information – $30;
(c) for an application relating to personal and non-personal
information – $30.
(2) A prescribed PSO may not charge an application fee as mentioned
in subregulation (1) if:
(a) the application is made by a member of the Legislative
Assembly; and
(b) the application is for access to government information in a
report brought into existence by a public sector employee or a
consultant to a public sector organisation; and
(c) the report describes an event or situation arising from an
investigation, inquiry or observation.
6 Processing fee – section 156(4)(a)
(1) Subject to subregulation (1A), a public sector organisation may
charge a processing fee equal to the total cost of the services and
materials specified in the Schedule that are provided in response to
an application.
(1A) A prescribed PSO may not charge a processing fee as mentioned
in subregulation (1) if:
(a) the application is made by a member of the Legislative
Assembly; and
(b) the application is for access to government information in a
report brought into existence by a public sector employee or a
consultant to a public sector organisation; and
(c) the report describes an event or situation arising from an
investigation, inquiry or observation.
(2) The cost of a service or any materials provided is the amount, or is
calculated at the rate, specified in the Schedule opposite the
service or materials.
7 Estimate of processing fee
(1) A public sector organisation must if requested, and may otherwise,
give an applicant a written estimate of the processing fee for the
application.
Information Regulations 2003 3
(2) The notice is to state the following:
(a) the amount of the estimate;
(b) how that amount was calculated;
(c) the applicant may consult with a specified officer or employee
of the public sector organisation with a view to amending the
application to reduce the processing fee;
(d) the applicant may seek a re-calculation of the amount of the
estimate on the ground that it has been incorrectly calculated;
(e) the applicant may seek a waiver or reduction of the processing
fee;
(f) the amount of the deposit (if any) the applicant is required to
pay for the processing fee;
(g) within 30 days after being given the estimate, the applicant
must notify the organisation in writing that:
(i) the applicant agrees to pay the processing fee; or
(ii) the applicant withdraws the application; or
(iii) the applicant seeks to have the amount of the estimate
re-calculated or the processing fee waived or reduced
and the grounds for seeking the re-calculation, waiver or
reduction;
(h) if the applicant does not notify the organisation in accordance
with paragraph (g), the application will be treated as having
been withdrawn.
(3) If the applicant does not notify the public sector organisation in
accordance with subregulation (2)(g), the application is taken to
have been withdrawn.
8 Effect of estimate on response time for application
The 30-day period referred to in section 19 of the Act does not
include the period commencing on the day on which the public
sector organisation gives the applicant a written estimate in
accordance with regulation 7 and ending on the day on which the
first of the following events occurs:
(a) the applicant pays the processing fee or the deposit (if any) for
the processing fee;
Information Regulations 2003 4
(b) if the applicant does not pay the processing fee and is not
required to pay a deposit – the applicant agrees to pay the
processing fee;
(c) if the organisation waives the processing fee – the
organisation gives the applicant notice that the processing fee
has been waived.
9 Deposit for processing fee – section 156(4)(ca)
(1) A public sector organisation may require an applicant to pay a
deposit for a processing fee of:
(a) if the processing fee is estimated to be $100 or less – $25; or
(b) if the processing fee is estimated to be more than $100 – 50%
of the estimate.
(2) If the processing fee is less than the deposit paid for the fee, the
public sector organisation must refund the balance of the deposit to
the applicant.
10 Difference between estimate and processing fee
(1) If a public sector organisation gives an applicant a written estimate
in accordance with regulation 7 of the processing fee for an
application, the organisation must not charge more than the
estimate for processing the application.
(2) If the processing fee paid by an applicant exceeds the total cost of
the services and materials specified in the Schedule that are
provided in response to the application, the public sector
organisation must refund the difference to the applicant.
Schedule
Information Regulations 2003 5
Schedule
regulation 6
Services and Materials Amounts and Rates
Searching for and retrieving
information and returning it to
storage (but not searching for
misplaced information)
(a) Personal information – nil
(b) Non-personal information
(i) stored elsewhere than
in secondary storage –
$25 for every hour or
part of an hour
(ii) stored in secondary
storage – actual cost
Considering and making decision in
relation to application (including
consultation)
(a) Personal information – nil
(b) Non-personal information –
$25 for every hour or part of
an hour
Supervising examination of
information by applicant
(a) Personal information
(i) first 2 hours – nil
(ii) $25 for every hour, or
part of an hour, over
2 hours
(b) Non-personal information –
$25 for every hour or part of
an hour
Hiring out equipment or facilities to
enable applicant to view or listen to
disk, film or tape
Actual cost
Operating equipment to copy disk,
film or tape or to enable applicant to
view or listen to disk, film or tape
$25 for every hour or part of an hour
Other services to enable applicant to
physically access information
Actual cost
Schedule
Information Regulations 2003 6
Photocopies (a) Black and white, A4 size
photocopies – 20 cents per
page
(b) Other photocopies – actual
cost per page
Copies of disks, films or tapes Actual cost per copy
Written transcripts Actual cost per page
Packaging materials for delivering or
posting articles
Actual cost
Delivery or postage charges Actual cost per article
ENDNOTES
Information Regulations 2003 7
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Information Regulations (SL No. 35, 2003)
Notified 1 July 2003
Commenced 1 July 2003 (r 2 and s 2(2) Information Act 2002 (Act No. 62,
2002))
Information Amendment Regulations 2010 (SL No. 2, 2010)
Notified 17 February 2010
Commenced 17 February 2010
Alcohol Mandatory Treatment Act 2013 (Act No. 17, 2013)
Assent date 28 June 2013
Commenced 1 July 2013 (s 2)
Local Government Amendment Act 2014 (Act No. 19, 2014)
Assent date 2 June 2014
Commenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014,
(s 2)
Territory Insurance Office (Sale) Act 2014 (Act No. 41, 2014)
Assent date 28 November 2014
Commenced pt 6, divs 1 and 2: nc (exp without commencing);
pt 6, div 3: 00:01hrs 1 January 2015 (Gaz S131,
19 December 2014, p 8); rem: 28 November 2014 (s 2)
Alcohol Harm Reduction Act 2017 (Act No. 16, 2017)
Assent date 30 August 2017
Commenced 1 September 2017 (Gaz S61, 31 August 2017)
Justice and Other Legislation Further Amendment Act 2024 (Act No. 9, 2024)
Assent date 24 May 2024
Commenced pts 4 and 8: nc; pts 9 and 10: 1 July 2024 (s 2(3));
rem: 25 May 2024 (s 2(1))
ENDNOTES
Information Regulations 2003 8
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 2 and 3.
4 LIST OF AMENDMENTS
r 3 amd No. 2, 2010, r 3; Act No. 19, 2014, s 26
r 4 rep Act No. 41, 2014, s 53
r 4A ins Act No. 17, 2013, s 157
rep Act No. 16, 2017, s 50
r 5 amd No. 2, 2010, r 4
r 6 amd No. 2, 2010, r 5
r 7 amd No. 2, 2010, r 6
r 8 amd Act No. 9, 2024, s 42