Overview of Section 47A FOI Act

Section summary

Matter is exempt if its disclosure could reasonably be expected to disclose information about:

• an incentive given or arranged for a person, under an investment incentive scheme; or
• an incentive sought by an individual, regardless of whether the incentive was actually given or arranged to be given to the individual under an investment incentive scheme.

Background

This exemption was inserted into the FOI Act by the Freedom of Information and Amendment Act 2004 (Qld). The Explanatory Notes for the Freedom of Information Amendment Bill 2004¹ reflect Parliament’s view that information concerning the granting of investment schemes is commercially sensitive information. The exemption was prompted by the Information Commissioner’s decision that documents relating to an incentive scheme were not exempt under section 45 of the FOI Act in Seeney and the Department of State Development.²

Other relevant FOI Act sections

Section 47(1)(a) FOI Act
Matter is exempt if its disclosure could reasonably be expected to have a substantial adverse effect on the ability of government to manage the economy of the State, unless disclosing the matter would, on balance, be in the public interest.

Section 49 FOI Act
Matter will be exempt if there is a reasonably based expectation that its disclosure could have a substantial adverse effect on the financial interests or property interests of the State or an agency, unless disclosure would, on balance, be in the public interest.

¹ Explanatory Notes for Freedom of Information Amendment Bill 2004 (Qld) at page 1.
² Seeney, MP and Department of State Development; Berri Limited (Third Party) (2004) 6 QAR 354.