Victorian Numbered Acts

FREEDOM OF INFORMATION AMENDMENT (OFFICE OF THE VICTORIAN INFORMATION COMMISSIONER) ACT 2017 (NO. 20 OF 2017) - SECT 70

After section 63B of the Principal Act insert —

        " 63BA     Application to Supreme Court

    (1)     If a question arises as to whether the Information Commissioner or the Public Access Deputy Commissioner has jurisdiction to serve a notice to produce or attend on an agency, principal officer or a Minister under this Act, the Information Commissioner or, subject to subsection (2), the Public Access Deputy Commissioner or the agency, principal officer or Minister may apply to the Supreme Court for determination of that question.

    (2)     The Public Access Deputy Commissioner may only apply for determination under this section in relation to a notice to produce or attend served by the Deputy Commissioner.

    (3)     The Supreme Court may make any order it considers proper in relation to an application under subsection (1).

    (4)     A Minister may, or a principal officer may, on behalf of the agency or, if the notice to produce or attend is served on the principal officer, on the officer's own behalf—

        (a)     make an application under this section; and

        (b)     be a party to an application by the Information Commissioner under this section.

    (5)     Nothing in this section limits any application an agency, principal officer or Minister may make to the Supreme Court in respect of the issuing of a notice to produce or attend.".