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ST VINCENT

SAINT VINCENT AND THE GRENADINES

ACT NO. 27 OF 2003 I ASSENT

DR FREDERICK BALLANTYNE

[L.S.] Governor-General

15th December, 2003

AN ACT to give rights of access to official documents of the government and public authorities to members of the public and to provide for connected matters.

BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of Assembly of Saint Vincent and the Grenadines and by the authority of the same, as follows:

PART I PRELIMINARY

1. This Act maybe cited as the Freedom of Information Act, 2003.

Short title

2. This Act shall come into operation on a day to be appointed by

Commencement

the Minister, by order published in the Gazette.

3. (1) The object of this Act is to extend the right of members of Object of Act

the public to access information in the possession of public authorities by

(a) making available to the public information about the operations of public authorities and, i n particular, ensuring that the rules and practices affecting members of the public in their dealings with public authorities are readily available to persons affected by those rules and practices;

(b) creating a general right of access to information in documentary form in the possession of public authorities limited only by exceptions and exemptions necessary for the protection of essential public interests and the private and business affairs of persons it respect of whom information is collected and held by public authorities; and

(c) creating a right to bring about the amendment of records containing personal information that is incomplete, incorrect or misleading.

(2) The provisions of this Act shall be interpreted so as to further the object set out in subsection (1) and any discretion conferred by this Act shall be exercised as far as possible so as to facilitate and promote, promptly and at the lowest reasonable cost, the disclosure of information.

Interpretation 4. In this Act

"applicant" means a person who has made a request in accordance with section 13 and shall include a person who is acting on behalf of a minor or of a person under a disability;

"chief executive officer" includes the officer for the tine being exercising the highest level of administrative functio is within any public authority;

"document" means information recorded in any form, whether printed or on tape or film or by electronic means or otherwise and includes any map, diagram, photograph, film, microfilm, videotape, sound recording, or machine-readable record or any record which is capable of being produced from a machine-readable record b y means o f equipment o r a programme (or a combination of both) which is used for that purpose by the public authority which holds the record;

"enactment" means an Act or an Instrument (including rules, regulations or by-laws) made under an Act;

"exempt document" means a document which, by virtue of any provision of Part IV, is an exempt document.

"exempt information" means information the inclusion of which in a document causes the document to be an exempt document;

"Minister" means the Minister who has been assigned responsibility for information under the Constitution;

"personal information" means information about an identifiable individual that is recorded in any form including, without restricting the generality of the foregoing -

(a) information relating to the race, sex, national or ethnic origin, religion, age or marital status of the individual;

(b) information relating to the education or the medical, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved;

(d) the address, fingerprints or blood type of the individual;

(e) the name of the individual where it appears with other personal information relating to the individual or where the disclosure of the name itself would reveal information about the individual;

(g) correspondence sent to a public authority by the individual that is explicitly or implicitly of a private or confidential nature, and replies to such correspondence that would reveal the contents of the original correspondence; o r the views or opinions of any other person about the individual;

"prescribed" means prescribed by the Minister by regulations made under this Act;

"public authority" includes

(a) Parliament, or any committee of Parliament;

(b) the Cabinet as constituted under the Constitution;

(d) a local authority;

(e) a public statutory corporation or body;

(f) a body corporate or an incorporated body established for a public purpose, which is owned or controlled by the State;

(g) an embassy, consulate or mission of the State or any office of the State situated outside of Saint Vincent and the Grenadines whose functions include the provision of diplomatic or consular services for or on behalf of Saint Vincent and the Grenadines

(h) any other body designated by the Minister by regulation made under this Act, to be a public authority for the purposes of this Act;

"responsible Minister" in relation to a public authority means the Minister of Government to whom responsibility for the public authority is assigned.

(1) This Act does not apply to

(a) the Governor-General; or

(b) a commission of inquiry issued by the Governor-General

(2) For the purposes of this Act

(a) a court, or the holder of a judicial office or other office pertaining to a court in his capacity as the holder of that office, shall not be regarded as a public authority;

(b) except in a judicial capacity a registry or other office of court administration, and the staff of such a registry or other office of court administration in their capacity as members of that staff in relation to those matters which relate to court administration, shall be regarded as part of a public authority.

6. This Act shall bind the State.

Act t o bind State

PART II

PUBLICATION OF CERTAIN DOCUMENTS AND INFORMATION

7. (1) A public authority shall, with the approval of the Minister

(a) cause to be published in the Gazette as soon as practicable, but not later than twelve months, after the date of availability of the forms approved by the Minister

(i) a statement setting out the particulars of the organisation and functions of the public authority, indicating, as far as practicable, the decision-making powers and other powers affecting members of the public that are involved in those functions, and particulars o f any arrangement that exists for consultation with or representations by, bodies and persons outside the Government administration in relation to t he formulation o f policy in, or t he administration of, the public authority;

(ii) a statement of categories of documents that are maintained in the possession of the public authority;

(iii) a statement of the material that has been prepared by the public authority under this Part for publication or inspection by members of the public, and the places at which a person may inspect or obtain that material;

(iv) a statement of the procedure to be followed by a person when a request for access to document is made to a public authority;

Publication of information concerning functions, etc, of public authorities

(b) during the year commencing on the first day of January next following the publication, in respect of a public authority, of the statement published under that Certain documents to be available for inspection and purchase subparagraph (a) that is the first statement published under that subparagraph, and during each succeeding year, cause to be published in the Gazette statements bringing up to date the information contained in the previous statement or statements published under that subparagraph.

(2) A form approved by the Minister under subsection (1) shall be such as he considers appropriate for the purpose of assisting members of the public to exercise effectively their rights under this Act.

(3) Nothing in this section requires the publication of information that is of such a nature that its inclusion in a docume it would cause that document to be an exempt document.

(4) Where a public authority comes into existence on or after the date of commencement of this Act, it shall comply with subsection (1) as soon as practicable after the date it so comes into existence.

8. (1) This section applies to documents that are provided by the public authority for the use of, or are used by, the public authority or its officers in making decisions or recommendations, under the public authority, with respect to enactment or scheme administered by the public authority, with respect to rights, privileges or benefits, or to obligations, penalties or other detriments, to or for which persons are or may be entitled or subject, being

(a) manuals or other documents containing interpretations, rules, guidelines, practices or precedents including, but without limiting the generality of the fo.• egoing, precedents in the nature of letters of advice providing

information t o bodies o r persons outside th ~- public authority;

(b) documents containing particulars of such a scheme, not being particulars contained in any other enactment; and

(c) documents containing statements of the manner, o r intended manner, of administration or enforcement of such an enactment or scheme, but not including documents that are available to the public as published otherwise than by the public authority or as published by another public authority.

(2) A public authority shall

(a) cause copies o f all documents to which this section applies that are in use from time to time to be made available for inspection and for purchase by members of the public;

(b) not later than twelve months after the date of commencement of this Act, cause to be published in the Gazette, a statement (which may take the form of an index) specifying the documents of which copies are, at the time of preparation of the statement, so available and the place or places where copies may be inspected and may be purchased; and

(c) within twelve months after the date of the first publication of the statement under paragraph (b) and thereafter at intervals of not more than twelve months, cause to be published in the Gazette, statements bringing up to date information contained i n the previous statement or statements.

(3) The public authority may not comply fully with paragraph 2(a) before the expiration of twelve months from the date of commencement of this Act, but shall, before that time, comply with that paragraph as far as is practicable.

(4) This section does not require a document of the kind referred to in subsection (1) containing exempt information to be made available in accordance with subsection (2), but, if such a document is not so made available, the public authority shall, if practicable, cause to be prepared a corresponding document, altered only to the extent necessary to exclude the exempt information, and cause the document so prepared to be dealt with in accordance with subsection (2).

(5) Where a public authority comes into existence on or after the date of commencement of this Act, subsections (2) and (3) shall apply Unpublished documents not to prejudice public in relation to that public authority as if the references in those subsections to the date of commencement of this Act were references to the date the public authority so comes into existence.

9. If a document required to be made available in accordance with section 8, being a document containing a rule, guideline or practice relating to a function of a public authority, was not made available and included in a statement in the Gazette, as referred to in that section, a member of the public who was not aware of that rule, guideline or practice shall not be subjected to any prejudice by reason only of the application of that rule, guideline or practice in relation to the thing done or omitted to be done by him if he could lawfully have avoided that prejudice had he been aware of that rule, guideline or practice.

PART III

RIGHT OFACCESS TO INFORMATION

Right of access 10. Subject to this Act, every person shall have a right of ~ ccess in accordance with this Act, to an official document other than an exempt document.

Access to certain 11. Where

documents

(a) a document is open to public access, as part of a public

(b) a document is available for purchase by the public in accordance with arrangements made by a public authority, Access t o documents otherwise than under this Act the access to that document shall be obtained in accordance with that enactment or arrangement, as the case may be.

12. Nothing in this Act shall prevent a public authority from p-iblishing or giving access to documents (including exempt documents), otherwise than as required by this Act, where it has the discretion to do so or is required by law to do so.

Requests for 13. (1) A person who wishes to obtain access to a document of a

access public authority shall make a request in writing to the public authority for

access to the document.

(2) A request shall identify the document or shall provide such information concerning the document as is reasonably necessary to enable a responsible officer of the public authority to identify the document.

(3) A request may specify in which of the forms of access set out in section 20 the applicant wishes to be given access.

(4) Subject to section 22, a request maybe made for access to all documents of a particular description that contain information of a specified kind or which relate to a particular subject matter.

14. (1) A public authority shall take reasonable steps to assist any person who

Duty to assist applicant

(a) wishes to make a request under section 13; or

(b) has made a request which does not comply with the requirements of subsection 13(2),

to make a request in a manner which complies with that section.

(2) Where a request in writing is made to a public authority for access to a document, the public authority shall not refuse to comply with the request on the ground that the request does not apply with subsection 13(2), without first giving the applicant a reasonable opportunity o f consultation with the public authority with a view to the making of a request in a form that complies with that section.

15. (1) Where a request is made to a public authority for access to a document and the request has not been directed to the appropriate public authority, the public authority to which the request is made shall transfer the request t o the appropriate public authority and inform the person

making the request accordingly.

(2) Where a request is transferred to a public authority i n accordance with this section, it shall be deemed to be a request made to that public authority and received on the date on which it was originally received.

16. A public authority s hall take reasonable steps to enable an applicant to be notified of the decision on his request (including a decision

Transfer of request for access

Time-limit for determining request

for deferral of access under section (21) as soon as practicable b it in any case not later than thirty days from the date on which the reques. is duly made.

Access to 17. Where a request for access to a document is duly made and

documents

(a) the request is approved by the public authority; and

(b) subject to section 19, any fee required to be paid before access is granted has been paid,

access to the document shall be given forthwith in accordance with this Act.

Deletion 18. (1) Where

of exempt

i nformation (a) a decision is made not to grant a request for access to a

document on the ground that it is an exempt document; and

(b) it is practicable for the public authority to graft access to a copy of the document with such deletio,is as to make the copy not an exempt document; and

(c) it appears from the request, or the applicant subsequently indicates, that the applicant would wish to have access to such a copy,

the public authority shall give the applicant access to such a copy of the document.

(2) Where access is granted to a copy of a document in accordance with subsection (1), the applicant shall be informed that it is such a copy and also be informed of the provisions of this Act by virtue of which any information deleted is exempt information.

Fees 19. The Minister may from time to time by regulation prescribe or alter

(a) the fees t o be charged by a public authority for the making of a request for access to a do • ument;

(b) the fees payable where access to a document s to be given in the form of printed copies in some other form such, as on tape, disk, film, electronic means or other material;

(c) the manner in which any fees payable under this Act is to be calculated and the maximum amount it shall not exceed; and

(d) exempt any person or category of persons from paying any fees under this Act, where the information contained in the document for which access is requested is in the public interest.

Forms of access 20. (1) Access to a document may be given to a person in one or more of the following forms:

(a) a reasonable opportunity to inspect the document;

(b) provision by the public authority o f a copy of the document;

(c) in the case of a document that is an article or thing from which sounds or visual images are capable of being reproduced, the making of arrangements for the person to hear or view those sounds or visual images;

(d) in the case of a document by which words are recorded in a manner in which they are capable of being reproduced in the form of sound or in which words are contained in the form of shorthand writing or in codified form, provision by the public authority o f a written transcript of the words recorded or contained in the document.

(2) Subject t o subsection ( 3) and to section 18, where the applicant has requested access in a particular form, access shall be given in that form.

(3) If the form of access requested by the applicant

(a) would interfere unreasonably with the operations of the public authority; or

(b) would be detrimental to the preservation of the document or, having regard to the physical nature of the document, would not be appropriate; or

(c) would involve an infringement of copyright (o'. ier than copyright owned by the Government) subsisting in the document,

access in that form may be refused and access given in another form.

Deferral of access 21. (1) A public authority which receives a request may defer the provision of access to the document concerned until the happening of a particular event (including the taking of some action required by law or

some administrative action), or until the expiration of a specified time, where it is reasonable to do so in the public interest or having regard to normal and proper administrative practices.

(2) Where the provision of access to a document is deferred in accordance with subsection (1), the public authority shall, in informing the applicant of the reasons for the decision, indicate, as far as practicable, the period for which the deferment will operate.

Refusal of access

in certain cases 22. A public authority dealing with a request may refuse to grant

access to a document i n accordance with the request, withou,', having caused the processing o f the r equest to have been undertaker., if the public authority is satisfied t hat the work involved i n proce: sing t he request would substantially and unreasonably interfere with tha normal operations of the public authority, and i f before refusing to provide information on these grounds, the public authority has taken reasonable steps to assist the applicant to reformulate the application so as to avoid causing such interference.

Decisions to 23. A decision in respect of a request made to a public authority may

be made by be made, on behalf of the public authority, by the chief executive officer of authorised the public authority or, subject to the regulations, by an officer of the persons

public authority acting within the scope of authority exercisable by him in

accordance with the arrangements approved by the chief executive officer of the public authority.

Reasons for 24. (1) Where in relation to a request for access to a document of a decisions t o public authority, a decision is made under this Part that the applicant is not be given entitled to access to the document in accordance with the request or that provision of access to the document be deferred or that no such document exists, the public authority shall cause the applicant to be given notice in writing of the decision, and the notice shall

(a) state the findings on any material question of f act, referring to the material on which those fmdings were based, and the reasons for the decision;

(b) where the decision relates to a public authority, state the name and designation o f the person giving the decision;

(c) where the decision does not relate to a request for access to a document which if it existed, would be an exempt document but access is given to a document in accordance with section 18, state that the document is a copy of a document from which exempt information has been deleted;

(d) where the decision is to the effect that the document does not exist, state that a thorough and diligent search was made to locate the document;

(e) inform the applicant of his right to apply to court for a review of the decision and the time within which the application for review is required to be made.

(2) A public authority is not required to include in a notice under subsection (1) any matter that is not of such a nature that its inclusion in a document to be an exempt document.

PART IV

EXENIPTDOCUMENTS

25. (1) A document is an exempt document if it is Cabinet documents

(a) a document that has been submitted to the Cabinet for

its consideration or is proposed by a Minister of Government to be so submitted, being a document that was brought into existence for the purpose of submission for consideration by the Cabinet;

(b) an official record of any deliberation or decision of the Cabinet;

(c) a document that is a draft of a copy of, or of a part of, or contains an extract from, a document referred to in para- graph (a) or (b); or

(d) a document the disclosure of which would im olve the disclosure of any deliberation or decision of the Cabi- net, other than a document by which a decision of the Cabinet was officially published.

(2) Subsection (1) does not apply to a document that contains purely statistical, technical or scientific material unless the disclosure of the document would involve the disclosure of any deliberation or decision of Cabinet.

(3) For the purposes of this Act, a certificate signed by the Secretary to the Cabinet or a person performing the duties of the Secretary, certifying that a document is one of a kind referred to in a paragraph of subsection (1), establishes conclusively that it is an exempt document of that kind.

(4) Where a document is a document referred to in paragraph

(1) (c) or (d) by reason only of matter contained in a particular part or particular parts o f the document, a certificate under subsectic n (2) i n respect of the document shall identify that part or those part, oft he document as containing the matter by reason of which the certificate is given.

Documents affecting n ational security, defence and international relations

(5) In this section, any reference to "Cabinet" shall be read as including a reference to a committee of the Cabinet.

26. (1) A document is an exempt document if disclosure of the document under this Act would be contrary to the public interest for the reason that the disclosure

(a) would prejudice the security, defence or international relations of Saint Vincent and the Grenadines;

(b) would divulge any information or matter communicated in confidence by o r on behalf of the Government of another country to the Government of Saint Vincent and the Grenadines.

(2) Where a responsible Minister is satisfied that the disclosure under this Act of a document would be contrary to the public interest for a reason referred to in subsection (1), he may sign a certificate to that effect and such a certificate, so long as it remains in force, shall establish conclusively that the document is an exempt document referred to in subsection (1).

(3) Where a responsible Minister is satisfied as mentioned in subsection (2) by reason only of the matter contained in a particular part or particular parts of a document, a certificate under that subsection in respect of the document shall identify that part or those parts of the document as containing the matter by reason of which the certificate is given.

27. A document is an exempt document if its disclosure under this Act would, or would be reasonably likely to

(a) prejudice the investigation of a breach or possible breach of the law or the enforcement or proper administration of the law in a particular instance;

(b) prejudice the fair trial of a person or the impartial adjudication of a particular case before a court of law or a tribunal established by law;

(c) disclose, or enable a person to ascertain the identity of a confidential source of information in relation to the enforcement or administration of the law;

(d) disclose methods or procedures for preventing, detecting, investigating, or dealing with matters

arising out o f breaches or evasions o f the 1 aw, t he disclosure of which would, or would be reasonably likely to, prejudice the effectiveness of those methods or procedures; or

(e) endanger the lives or physical safety of persons engaged in or in connection with law enforcement.

Documents affEcting enforcement or administration of the law

Documents affecting legal proceedings or subject to legal professional privilege

Documents to which secrecy provisons apply

Documents affecting p ersonal privacy

Documents relating to trade secrets, business affairs etc.

28. (1) A document is an exempt document if it is of such a nature that it would be privileged from production in legal proceedings on the ground of legal professional privilege.

(2) A document of the kind referred to in section 8 (1) is not an exempt document by virtue of subsection (1) by reason only of the inclusion in the document of matter that is used or to be used for the purpose of the making of decisions or recommendations referred to in section 8 (1).

29. A document is an exempt document if it is a document tc which a prescribed provision of an enactment, being a provision prohibiting or restricting disclosure of the document or of information or other matter contained in the document, applies.

30. (1) A document is an exempt document if its disclosure under this Act would involve the unreasonable disclosure of personal information of any individual (including a deceased individual).

(2) Subject to subsection (4), the provisions of subsection (1) do not have effect in • relation to a request by a person for access to a document by reason only of the inclusion in the document of matters relating to that person.

(3) Where a request by a person other than a person referred to in subsection (2) is made to a public authority for access to a document containing personal information of any individual (including a deceased individual) and the public authority decides to g rant acces3 t o the document, the public authority shall, if practicable, notify the individual who i s the subject of that information ( or in the case o f a o eceased individual, that individual's next-of-kin) of the decision and of the right to apply to the High Court for judicial review of the decision and :the time within which the application for review is required to be made.

31. (1) A document is an exempt document if its disclosure under this Act would disclose:

(a) trade secrets;

(b) any other information having a commercial value that would b e, or could reasonably b e expected t o be, destroyed or diminished if the information were disclosed; or

(c) information (other than trade secrets or information to which paragraph (b) applies) concerning a person in respect of his or her business or professional affairs or concerning the business, commercial or financial affairs

of an undertaking, being information

(i) the disclosure of which would, or could reasonably be expected to, unreasonably affect that person adversely in respect of his or her lawful business or professional affairs or that undertaking in respect of its lawful business, commercial or financial affairs;

(ii) the disclosure of the information under this Act would be contrary to public interest by reason that the disclosure would be reasonably likely to prejudice the ability of the Government or a public authority to obtain similar information in the future for the purpose of administration of the law.

(2) The provisions of subsection (1) do not have effect in relation to a request by a person for access to a document by reason only of the inclusion in the document of information concerning

(a) the business or professional affairs of that person; or

(b) the b usiness, c ommercial or financial a ffairs o f a n undertaking of which that person, or a person on behalf that person made the request, is the proprietor.

32. (1) A document is an exempt document if its disclosure under this Act would be contrary to the public interest by reason that it would be reasonably likely to have a substantial adverse effect on the national economy.

(2) The kinds of documents to which subsection (1) may apply include but are not restricted to, documents containing information relating to

Documents affecting n a t i o n a l economy

(a) currency or exchange rates; Documents containing material obtained in confidence

(b) interest rates;

(d) the regulation or supervision of banking, insurance and other financial institutions;

(e) proposals for expenditure;

(f) foreign investment in Saint Vincent and the Grenadines

(g) borrowings'by the Government.

33. (1) A document is an exempt document if its disclosure under this Act would divulge a ny information o r m atter communicated in confidence by or on behalf of a person or a government to a public a ithority, and

(a) the information would be exempt information if it were generated by a public authority; or

(b) the disclosure of the information under this Act would be contrary to the public interest by reason that the disclosure would be reasonably likely to impair the ability of a public authority to obtain similar information in the future.

(2) This section does not apply to information

(a) acquired by a public authority from a business, commercial or financial undertaking; and Documents disclosure of which would be contempt of court or contempt of Parliament

(b) that relates to trade secrets or other matters o f a business, commercial or financial nature.

34. A document is an exempt document if public disclosure of the document would, apart form this Act and any immunity of the state

(a) be in contempt of court;

(b) be contrary to an order made or given by a commission or by a tribunal or other person or body having power to take evidence on oath;

35. Notwithstanding any law to the contrary, a public authority shall give access to an exempt document where there is reasonable evidence that significant

(a) abuse of authority or neglect i n the performance of official duty;

(b) injustice to an individual;

(d) unauthorised use of public funds;

has or is likely to have occurred or in the circumstances giving access to the document is justified in the public interest having regard both to any benefit and to any damage that may arise from doing so.

36. (1) The Minister may, in consultation with a public authority, by order, declare a document to which sections 25 to 35 are not applicable, to be an exempt document for the purposes of this Act on the grounds of national interest.

(2) In considering whether or not to claim exemption under this Part, the public authority shall act in good faith and use its best endeavours to achieve the object of this Act to afford to members of the public maximum access to official documents consistent with national or public interest.

PART V

NUSCELLANEOUS

37. (1) Where access has been given to a document and

Disclosure o f exempt document in the public interest Duty of authorities to act in good faith

Protection against actions for defamation

(a)

(b)

the access was required by this Act to be given; or

the access was authorised by an officer having authority, in accordance with section 2 3, to make decisions i n respect of requests, in the bona fide belief that the access was required by this Act to be given,

or breach of confidence

no action for defamation or breach of confidence shall lie by reas rn of the authorising or giving of the access, against the Government or a public authority or against the officer who authorised the access or any person who gave the access.

(2) The giving of access to a document (including an exempt document) in consequence of a request shall not be taken, for the purposes of the law relating to defamation or breach of confidence, to constitute an authorisation or approval of the publication of the document or of its contents by the person to whom the access was given.

Protection in 38. Where access has been given to a document and

respect of

offences (a) the access was required by this Act to be given; or

(b) the access was authorised by a Minister or by an officer having authority, in accordance with section 23 to make decisions in respect of requests, in the bona fide belief that the access was required by this Act to be given,

cons-,rued

neither the person authorising the access nor any person in

the giving of the access is guilty of a criminal offence by reason only of the authorising or giving of the access.

Judicial review 39. (1) Any person aggrieved by a decision of a public authority under this Act may apply to the High Court for judicial review of the decision.

(2) Notwithstanding any other law to the contrary, where an application for judicial review of a decision of a public authority under this Act is made under subsection (1), that application shall be heard and determined by a Judge in Chambers, unless the Court directs otherwise.

Report to Parliament

(3) In this section "decision of a public authority" includes the failure of a public authority to comply with provisions of this Act.

40. (1) The Minister shall, as soon as practicable after the thirty-first of December of each year, prepare a report on the c -)eration of this Act during that year and cause a copy of the report to be laid before Parliament.

(2) Each responsible Minister shall, in relation t o the public authorities within his portfolio, furnish to the Minister such information as he requires for the purposes of the preparation of any report under this section and shall comply with any prescribed requirements concerning the furnishing of that information and the keeping of records for the purposes of this section.

41. (1) The Minister may from time to time make or alter regulations Regulations

for giving effect to the purposes of this Act and for prescribing anything required or authorised by this Act to be prescribed.

(2) Notwithstanding the generality of subsection (1), regulations made under this section may prescribe

(a) the fees in respect of access to documents (including the provision of copies or transcripts) in accordance with this Act;

(b) the officers who may make decisions on behalf of a public authority;

(3) All r egulations made under this Act shall b e laid b efore Parliament as soon as may be after the making thereof and shall be subject to negative resolution.

42. (1) A public authority shall maintain and preserve records or cause to be maintained and preserved records in relation to its functions and a copy of all official documents which are created by it or which come at any time into its possession, custody or power for such period of time as may be prescribed.

(2) • A person who wilfully destroys o r damages a record or document required to be maintained and preserved under subsection (1), commits an offence and is liable on summary conviction to a fine not exceeding five thousand dollars or imprisonment for a term not exceeding two years.

Preservation of records and documents

Non derogation from Privacy Act, No. 1 8 o f 2 003

(3) A person who knowingly destroys or damages a record or document which is required to be maintained and preserved under subsection (1) while a request for access to the record or document is pending commits an offence and is liable on summary conviction to a fine not exceeding eight thousand dollars or imprisonment for a erm not exceeding three years.

43. Nothing in this Act shall be regarded as authorising any derogation from or n on-compliance with any provision o f the Privacy Act.

Passed in the House of Assembly this 27th day of June, 2003.

NICOLE HERBERT

Clerk of the House of Assembly (Ag.)

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