sec.264Public access to documents

### sec.264 Public access to documents A regulation may prescribe, for a person who has, or has had, powers or functions in relation to this Act— the documents, including a register, relating to the person’s functions, that the person must or may keep publicly available; and where, and in what form the documents must or may be kept; and whether the documents, or a certified copy of the documents must, or may be kept; and whether the documents must or may be kept available for inspection and purchase, or for inspection only; and the period or periods during which the documents must or may be kept. For a person who gives an exemption certificate, the regulation must require the person to keep the following available for inspection and purchase— a copy of each exemption certificate given by the person; a register of exemption certificates given by the person. Unless the regulation states otherwise— the person may keep the documents in electronic form; and different registers may be kept for different types of documents. Subject to subsections (5) to (8) , the person must comply with the regulation. Maximum penalty—50 penalty units. If a document is kept available— for inspection or purchase, the person must allow another person— to inspect the document free of charge at the place where the document is held, whenever the place is open for business; and to get a copy of all or part of the document from the person, for the reasonable cost, but for no more than the cost, of supplying the copy; and for inspection only, the person must allow another person to inspect the document free of charge at the place where the document is held, whenever the place is open for business, but need not give a copy to the person; and on the person’s website, the person must allow another person to do the following free of charge— to view the document on the website; and to download the document in the form that the person decides. Maximum penalty—50 penalty units. For a document of a type prescribed by regulation, this section does not apply to the person to the extent the person reasonably considers the document contains— information of a purely private nature about an individual (the individual's residential or email address or phone number, for example); or sensitive security information (the location of a safe, for example). The person need not disclose a submitter’s name, contact details or signature. Also, for a document of a type prescribed by regulation, the person is taken to comply with subsection (5) (a) (i) or (b) if— a declared emergency applies to the place where the document is held; and the person is satisfied it is appropriate to give a copy of the document to another person asking to inspect the document— to protect the health, safety and welfare of anyone affected by the declared emergency; or to facilitate the continuance of public administration disrupted by the declared emergency; and the person gives the copy to the other person, rather than allow them to inspect the document. In this section— declared emergency means— a public health emergency declared under the Public Health Act 2005 , section 319 ; or a disaster situation declared under the Disaster Management Act 2003 , section 64 or 69 . s 264 amd 2024 No. 13 s 35 (sec.264-ssec.1) A regulation may prescribe, for a person who has, or has had, powers or functions in relation to this Act— the documents, including a register, relating to the person’s functions, that the person must or may keep publicly available; and where, and in what form the documents must or may be kept; and whether the documents, or a certified copy of the documents must, or may be kept; and whether the documents must or may be kept available for inspection and purchase, or for inspection only; and the period or periods during which the documents must or may be kept. (sec.264-ssec.2) For a person who gives an exemption certificate, the regulation must require the person to keep the following available for inspection and purchase— a copy of each exemption certificate given by the person; a register of exemption certificates given by the person. (sec.264-ssec.3) Unless the regulation states otherwise— the person may keep the documents in electronic form; and different registers may be kept for different types of documents. (sec.264-ssec.4) Subject to subsections (5) to (8) , the person must comply with the regulation. Maximum penalty—50 penalty units. (sec.264-ssec.5) If a document is kept available— for inspection or purchase, the person must allow another person— to inspect the document free of charge at the place where the document is held, whenever the place is open for business; and to get a copy of all or part of the document from the person, for the reasonable cost, but for no more than the cost, of supplying the copy; and for inspection only, the person must allow another person to inspect the document free of charge at the place where the document is held, whenever the place is open for business, but need not give a copy to the person; and on the person’s website, the person must allow another person to do the following free of charge— to view the document on the website; and to download the document in the form that the person decides. Maximum penalty—50 penalty units. (sec.264-ssec.6) For a document of a type prescribed by regulation, this section does not apply to the person to the extent the person reasonably considers the document contains— information of a purely private nature about an individual (the individual's residential or email address or phone number, for example); or sensitive security information (the location of a safe, for example). (sec.264-ssec.7) The person need not disclose a submitter’s name, contact details or signature. (sec.264-ssec.8) Also, for a document of a type prescribed by regulation, the person is taken to comply with subsection (5) (a) (i) or (b) if— a declared emergency applies to the place where the document is held; and the person is satisfied it is appropriate to give a copy of the document to another person asking to inspect the document— to protect the health, safety and welfare of anyone affected by the declared emergency; or to facilitate the continuance of public administration disrupted by the declared emergency; and the person gives the copy to the other person, rather than allow them to inspect the document. (sec.264-ssec.9) In this section— declared emergency means— a public health emergency declared under the Public Health Act 2005 , section 319 ; or a disaster situation declared under the Disaster Management Act 2003 , section 64 or 69 . - (a) the documents, including a register, relating to the person’s functions, that the person must or may keep publicly available; and - (b) where, and in what form the documents must or may be kept; and - (c) whether the documents, or a certified copy of the documents must, or may be kept; and - (d) whether the documents must or may be kept available for inspection and purchase, or for inspection only; and - (e) the period or periods during which the documents must or may be kept. - (a) a copy of each exemption certificate given by the person; - (b) a register of exemption certificates given by the person. - (a) the person may keep the documents in electronic form; and - (b) different registers may be kept for different types of documents. - (a) for inspection or purchase, the person must allow another person— (i) to inspect the document free of charge at the place where the document is held, whenever the place is open for business; and (ii) to get a copy of all or part of the document from the person, for the reasonable cost, but for no more than the cost, of supplying the copy; and - (i) to inspect the document free of charge at the place where the document is held, whenever the place is open for business; and - (ii) to get a copy of all or part of the document from the person, for the reasonable cost, but for no more than the cost, of supplying the copy; and - (b) for inspection only, the person must allow another person to inspect the document free of charge at the place where the document is held, whenever the place is open for business, but need not give a copy to the person; and - (c) on the person’s website, the person must allow another person to do the following free of charge— (i) to view the document on the website; and (ii) to download the document in the form that the person decides. - (i) to view the document on the website; and - (ii) to download the document in the form that the person decides. - (i) to inspect the document free of charge at the place where the document is held, whenever the place is open for business; and - (ii) to get a copy of all or part of the document from the person, for the reasonable cost, but for no more than the cost, of supplying the copy; and - (i) to view the document on the website; and - (ii) to download the document in the form that the person decides. - (a) information of a purely private nature about an individual (the individual's residential or email address or phone number, for example); or - (b) sensitive security information (the location of a safe, for example). - (a) a declared emergency applies to the place where the document is held; and - (b) the person is satisfied it is appropriate to give a copy of the document to another person asking to inspect the document— (i) to protect the health, safety and welfare of anyone affected by the declared emergency; or (ii) to facilitate the continuance of public administration disrupted by the declared emergency; and - (i) to protect the health, safety and welfare of anyone affected by the declared emergency; or - (ii) to facilitate the continuance of public administration disrupted by the declared emergency; and - (c) the person gives the copy to the other person, rather than allow them to inspect the document. - (i) to protect the health, safety and welfare of anyone affected by the declared emergency; or - (ii) to facilitate the continuance of public administration disrupted by the declared emergency; and - (a) a public health emergency declared under the Public Health Act 2005 , section 319 ; or - (b) a disaster situation declared under the Disaster Management Act 2003 , section 64 or 69 .