20321ab7_nformation_Commissioner___OAIC_reedom_of_Information_Act_1982_Issue_description
[FOI Act Part] Part VII — Review by Information Commissioner [FOI Act section] 55R, 55T, 55U [Recommended action] The Act should be amended to clarify the interaction between ss 55R, 55T and 55U. For example, if s 55R notices are intended to be issued before the power in s 55T(2) is exercised, the words 'under s 55R' should be inserted in s 55T(4) and 55U(2). [Issue description] 
The interaction between ss 55R, 55T and 55U is unclear. It appears that ss 55T(2) and 55U(3) provide a freestanding power to compel production of documents distinct from that in s 55R. (The explanatory memorandum to the amending legislation, at p 35, says that this power is complementary to s 55R.) Section 55R also includes an offence provision that ss 55T and 55U do not, but lacks the requirement to return exempt documents contained in those sections.
Review of freedom of information legislation| Office of the Australian Information Commissioner - OAIC
Issue description