Application of Section 47A FOI Act

Relevant considerations

1. Is there an expectation that disclosing the relevant matter would disclose information about a particular incentive given to, or arranged for, a relevant person under an investment incentive scheme; or, an incentive sought by, or proposed for, a relevant person whether or not the incentive was given or arranged under an investment incentive scheme?

a) Investment incentive scheme

An ‘investment incentive scheme’ is a written scheme to promote projects by providing incentives and must include processes for assessing applications and be administered by the ‘department’.

Incentive’ is defined in section 47A of the FOI Act to include:

  • an amount refunded, in full or in part, from an amount paid in a tax, fee or charge
  • an amount, whether a lump sum or by instalments
  • another benefit.

b) Relevant person

A ‘relevant person’ is defined in section 47A of the FOI Act as:

  • a person who enters into communications with, or inquires of, the department or a public service employee about an incentive, whether or not that person makes an application under an investment incentive scheme
  • a person who makes an application for an incentive under an investment incentive scheme, whether or not that person is given an incentive
  • a person who is given an incentive, whether or not that person is still being monitored by the department in accordance with a provision of the agreement.

c) Department

Department’ is defined in section 47A of the FOI Act to include:

the department administered by the Minster having responsibility for business, industry development, and investment opportunities and attraction as identified in the Administrative Arrangements and within which that responsibility is administered.

2. Is the expectation reasonably based?

See ‘Could reasonably be expected to’ Annotation.

Last updated: March 5, 2012