7 Definitions

In this Act—

access charge, in relation to an application for access to a document, means the charge prescribed under a regulation in relation to the provision of access to the document. agency has the meaning given by section 8.

agent, in relation to an application, means a person who makes the application on behalf of another person.

applicant, in relation to an application, means—

(a) if the application is made on behalf of a person—the person; or

(b) otherwise—the person making the application.

application fee, in relation to an application for access to a document, means the application fee prescribed under a regulation.

backup system means a system that has, for disaster recovery purposes, copied electronic data onto a separate data storage medium, for example, onto a backup tape.

charge does not include an application fee.

commissioner means the Information Commissioner.

competitive commercial activity means an activity carried on, on a commercial basis, in competition with a person, other than—

(a) the Commonwealth or a State or Territory; or

(b) a State authority; or

(c) a local government authority.

concession card means a health care card or pensioner concession card under the Social Security Act 1991 (Cwlth) or a pensioner concession card issued by the department of the Commonwealth in which the Veterans' Entitlements Act 1986 (Cwlth) is administered.

coroner means the State Coroner or another coroner under the Coroners Act 2003.

corporatised corporation has the meaning given by the Local Government Act 1993, chapter 8, part 7.

court includes a justice and a coroner.

document includes—

(a) a copy of a document; and

(b) a part of, or extract from, a document; and

(c) a copy of a part of, or extract from, a document.

Note—
Under the Acts Interpretation Act 1954, section 36, document includes—

(a) any paper or other material on which there is writing; and

(b) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; and

(c) any disc, tape or other article or any material from which sounds, images, writings or messages are capable of being produced or reproduced (with or without the aid of another article or device).

document of an agency or document of the agency means a document in the possession or under the control of an agency, or the agency concerned, whether created or received in the agency, and includes—

(a) a document to which the agency is entitled to access; and

(b) a document in the possession or under the control of an officer of the agency in the officer's official capacity.

enactment means an Act or a statutory instrument.

exempt document means a document that contains exempt matter, but to which access cannot be given under section 32.

exempt matter means matter that is exempt under part 3, division 2.

final assessment notice see schedule 4, section 11(1).

financial hardship see section 35A.

function includes a power.

government includes an agency and a Minister.

holder, of a concession card, at a time the concession card is being relied on for a purpose under this Act, means an individual who is named on the concession card and would be qualified to be named on the concession card if the concession card were issued at the time the concession card is being relied on.

holds, in relation to an office, includes performs the duties of the office.

objection notice see schedule 4, section 3(2).

office means the Office of the Information Commissioner.

officer, in relation to an agency, includes—

(a) the agency's principal officer; and

(b) a member of the agency; and

(c) a member of the agency's staff; and

(d) a person employed by or for the agency.

official document of a Minister or official document of the Minister means a document, other than a document of an agency, in the possession or under the control of a Minister, or the Minister concerned, that relates to the affairs of an agency, and includes—

(a) a document to which the Minister is entitled to access; and

(b) a document in the possession or under the control of a member of the staff of, or a consultant to, the Minister in the person's capacity as such a member or consultant.

original charge, in relation to an application for access to a document, means an agency's or Minister's preliminary assessment of the total amount of the processing charge and access charge payable by the applicant.

original deposit, in relation to an application for access to a document, means, if the agency or Minister concerned considers it appropriate that an applicant pay a deposit on account of the original charge, a deposit of the amount provided for under a regulation.

parliamentary committee means the Law, Justice and Safety Committee of the Legislative Assembly.

policy document, in relation to an agency, means—

(a) a document containing interpretations, rules, guidelines, statements of policy, practices or precedents; or

(b) a document containing particulars of an administrative scheme; or

(c) a document containing a statement of the way, or intended way, of administration of an enactment or administrative scheme; or

(d) a document describing the procedures to be followed in investigating a contravention or possible contravention of an enactment or administrative scheme; or

(e) another document of a similar kind;

that is used by the agency in connection with the performance of such of its functions as affect or are likely to affect rights, privileges or other benefits, or obligations, penalties or other detriments, to which members of the community are or may become entitled, eligible, liable or subject, but does not include an enactment that has already been published.

preliminary assessment notice, see schedule 4, section 1(2).

principal officer means—

(a) in relation to a department—the chief executive of the department; or

(b) in relation to a local government—the chief executive officer (however described) of the government; or

(c) in relation to a public authority for which a regulation declares an office to be the principal office—the holder of the office; or

(d) in relation to another public authority—

(i) if it is an incorporated body that has no members—the person who manages the body's affairs; or

(ii) if it is a body (whether or not incorporated) that is constituted by 1 person—the person; or

(iii) if it is a body (whether or not incorporated) that is constituted by 2 or more persons—the person who is entitled to preside at a meeting of the body at which the person is present.

processing charge, in relation to an application for access to a document, means the charge prescribed under a regulation for searching for or retrieving the document, or making, or doing things related to making, a decision on the application.

public authority has the meaning given by section 9.

public library includes—

(a) the State library; and

(b) a local government library; and

(c) a library in the State that forms part of a public tertiary educational institution.

responsible Minister means—

(a) in relation to a department—the Minister administering the department; or

(b) in relation to the town commission constituted under the Alcan Queensland Pty. Limited Agreement Act 1965—the Minister administering that Act; or

(c) in relation to a council constituted under the Local Government (Aboriginal Lands) Act 1978—the Minister administering that Act; or

(d) in relation to another local government—the Minister administering the Local Government Act 1993; or

(e) in relation to a public authority mentioned in paragraph (a) of the definition of public authority—the Minister administering the Act by or under which the public authority is established; or

(f) in relation to a public authority mentioned in paragraph (d) of that definition—the Minister administering the Act by which the office is established; or

(g) in relation to any other public authority—the Minister declared by regulation to be the responsible Minister in relation to the public authority.