ABW and Queensland Transport
(210526, 8 August 2008)
Section 35B Requirement to pay application fee
The applicant sought access to all transactions or dealings relating to a boat and boat trailer which he had sold.
Applying the principles in Stewart and Department of Transport (1993) 1 QAR 227, Acting Assistant Commissioner Jefferies found that:
· an application fee was payable if the applicant sought access to one document that did not concern his personal affairs
· asthe applicant no longer owns the boat and boat trailer and no longer has financial obligations in respect of these items, they did not concern his personal affairs
· (having examined two documents responding to the freedom of information application) at least one document to which the applicant sought access did not concern his personal affairs
· under sub-sections (1) and (2) of section 35B of the FOI Act the applicant was required to pay an application fee to have the FOI Application processed
· Queensland Transport was correct in requiring payment of an application fee in respect of the FOI Application.
