Page:Promotion of Access to Information Act 2000.djvu/26

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(4) The information referred to in subsection (2)(c)(i) includes, without limiting the generality of that subsection, information about an agreement, or contemplated agreement, to transfer any interest in or right to shares in the capital of a public body to any person which is not a public body referred to in paragraph (a) or (b)(i) of the definition of “public body”.

(5) A record may not be refused in terms of subsection (3) insofar as it consists of information—

(a)

already publicly available;

(b)

about or owned by a public body, other than the public body to which the request is made, which has consented in writing to its disclosure to the requester concerned; or

(c)

about the results of any product or environmental testing or other investigation supplied by, carried out by or on behalf of a public body, and its disclosure would reveal a serious public safety or environmental risk.

(6) For the purposes of subsection (5)(c), the results of any product or environmental testing or other investigation do not include the results of preliminary testing or other investigation conducted for the purpose of developing methods of testing or other investigation.

(7) If a request for access to a record contemplated in subsection (5)(c) is granted and the testing or other investigation was carried out by or on behalf of the public body from which the record is requested, the information officer must at the same time as access to the record is given, provide the requester with a written explanation of the methods used in conducting the testing or other investigation.

Mandatory protection of research information of third party, and protection of research information of public body

43. (1) The information officer of a public body must refuse a request for access to a record of the body if the record contains information about research being or to be carried out by or on behalf of a third party, the disclosure of which would be likely to expose—

(a)

the third party;

(b)

a person that is or will be carrying out the research on behalf of the third party; or

(c)

the subject matter of the research,

to serious disadvantage.

(2) The information officer of a public body may refuse a request for access to a record of the body if the record contains informatiop about research being or to be carried out by or on behalf of a public body, the disclosure of which would be likely to expose—

(a)

the public body;

(b)

a person that is or will be carrying out the research on behalf of the public body; or

(c)

the subject matter of the research,

to serious disadvantage.

Operations of public bodies

44. (1) Subject to subsections (3) and (4), the information officer of a public body may refuse a request for access to a record of the body—

(a)

if the record contains—

(i)

an opinion, advice, report or recommendation obtained or prepared; or

(ii)

an account of a consultation, discussion or deliberation that has occurred, including, but not limited to, minutes of a meeting,

for the purpose of assisting to formulate a policy or take a decision in the exercise of a power or performance of a duty conferred or imposed by law; or

(b)

if—

(i)

the disclosure of the record could reasonably be expected to frustrate the deliberative process in a public body or between public bodies by inhibiting the candid—

(aa)

communication of an opinion, advice, report or recommendation; or

(bb)

conduct of a consultation, discussion or deliberation; or