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Contents (2009 - 52)
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Government Information (Public Access) Act 2009 No 52
Current version for 1 July 2017 to date (accessed 24 September 2017 at 20:28)
Part 5 Division 4 Section 105
105   Onus on agency to justify decisions
(1)  In any review under this Division concerning a decision made under this Act by an agency, the burden of establishing that the decision is justified lies on the agency, except as otherwise provided by this section.
(2)  If the review is of a decision to provide access to government information in response to an access application, the burden of establishing that there is an overriding public interest against disclosure of information lies on the applicant for review.
(3)  If the review is of a decision to refuse a reduction in a processing charge, the burden of establishing that there is an entitlement to the reduction lies on the applicant for review.