[CAP. 496.
FREEDOM OF INFORMATION
15
client.
(7) The Commissioner may cancel an information notice by
written notice to the public authority on which it was served.
(8) In this
information.
article
"information"
includes
unrecorded
25. (1) If the Commissioner is satisfied that a public authority
has failed to comply with any of its obligations under this Act, the
Commissioner may serve the authority with a notice (in this Act
referred to as "an enforcement notice") requiring the authority to
take, within such a time as may be specified in the notice, such
steps as may be so specified for complying with those obligations.
(2)
Enforcement
notices.
An enforcement notice shall contain (a) a statement of the requirement or requirements of this
Act with which the public authority has, in the
Commissioner’s satisfied opinion, failed to comply,
and his reasons for reaching that conclusion; and
(b) particulars of the right of appeal conferred by article
39.
(3) An enforcement notice shall not require any of the
provisions of the notice to be complied with before the end of the
period within which an appeal can be brought against the notice
and, if such an appeal is brought, the notice need not be complied
with pending the determination or withdrawal of the appeal.
(4) The Commissioner may cancel an enforcement notice by
written notice to the public authority on which it was served.
(5)
This article shall have effect subject to article 26.
26. (1) A decision or enforcement notice issued by the
Commissioner in respect of the disclosure of a document shall not
have effect if the Prime Minister certifies to the Commissioner that,
in his opinion, the document is an exempt document in terms of any
of the provisions of Part V.
Exception from
duty to comply
with decision
notice or
enforcement
notice.
(2) A certificate under this article shall contain a statement by
the Prime Minister of the reasons for his opinion, except in so far
as this would involve the disclosure of matter that is exempt matter
in terms of the provisions of Part V.
(3) Where the Prime Minister issues a certificate under this
article, he shall as soon as practicable thereafter lay a copy of it
before the House of Representatives.
(4) Where the Commissioner receives a certificate under this
article in respect of a decision notice, he shall inform the applicant
accordingly.
27. (1) Where a public authority or an officer of such an
authority refuses or, without a good reason, fails to comply with (a) so much of a decision notice as requires steps to be
taken;
Failure to comply
with notice.
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