Australian Capital Territory
Freedom of Information (Fees) Determination 2013 
Disallowable instrument DI2013-112
made under the
Freedom of Information Act 1989, s 80 (Determination of fees)

1	Name of instrument
This instrument is the Freedom of Information (Fees) Determination 2013. 
2	Commencement 
This instrument commences on 1 July 2013.
3	Determination of fees
(1) 	The fee payable for a matter stated in an item in the schedule, column 2 is the fee stated in the schedule, column 3 for that matter.
(2) 	The fee for a matter stated in an item in the schedule, column 2 is payable by the person requesting the service.
4	Payment of fees
The fee payable for a matter stated in an item in the schedule, column 2 is payable to the Territory.

Simon Corbell MLA
Attorney General
6.6.13

SCHEDULE - FEES AND CHARGES TO BE PAID

Column 1
Item	
Column 2
Matter in respect of which fee or charge is payable 	
Column 3
Amount Payable	

400	
1) A charge is payable for the time spent by the relevant agency or Minister in searching for or retrieving a document (other than a document in relation to which a charge is applicable under item (2)).	
$23.69 per hour 
(GST is not applicable)	

2) A charge is payable for the time spent by the relevant agency or Minister in deciding whether to grant, refuse or defer access to a document or to grant access to a document with deletions (including the time spent in examining a document, consulting with any person or body, making a copy with deletions or notifying any interim or final decision on the request).	
$31.67 per hour
(GST is not applicable)	

3) A charge is payable for supervising inspection of a document.	
$19.78 per hour
(GST is not applicable)

	
4) A charge is payable where access is given to a document by way of electronic scanning or photocopy.	
$0.31 per page
(GST is not applicable)

	
5) A charge shall not include:	

	
a) access to a document about the personal affairs of the applicant or the person on whose behalf the application is made;

	
b) access to a document by an Aboriginal person or a Torres Strait Islander for the purpose of assisting that person to re-establish community or family links with those people from whom he or she was separated as a result of past policies of an Australian Government;

c) consideration of an application for review of a decision on an application under the Freedom of Information Act 1989);

	
d)   any additional cost caused by the misfiling or misindexing of a document;	

	
e) the first 10 hours of time spent by the agency or a Minister under (1) and (2) (for costing purposes, time taken under (2) shall be excluded before time taken under (1)); 	

	
f) the first 200 pages scanned or copied under (4); 	

	
g) any charge where the agency or Minister make a decision that a charge is not payable; and	

	
h) any charge where the application is refused.	

	
6) In this clause:	

	
a) “Aboriginal person” includes a person who is descended from, identifies as, and is accepted by an Aboriginal community as, an Aboriginal person; and	

	
b)  “Torres Strait Islander” means a person who is a descendant of an indigenous inhabitant of the Torres Strait Islands.	

	
Explanatory Note:   Last Financial Year the fees were $23.00, $30. 75, $19.20 and $0.30 respectively.  	

	

401	
1) An agency or a Minister may make an estimate of the charges that might reasonably be imposed under item 400.	

	
2) If the estimate exceeds $25 but is less than $100, the agency or a Minister may require the applicant to pay a deposit of $20.	

	
3) If the estimate exceeds $100, the agency or a Minister may require the applicant to pay a deposit of 25% of the estimate.