Freedom of Information (Amendment) Act 2003

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Amendment of section 43 (precautions by High Court and Commissioner against disclosure of certain information) of Principal Act.

28.—Section 43 of the Principal Act is amended by substituting the following subsection for subsection (3):

“(3) In the performance of his or her functions under this Act, the Commissioner shall take all reasonable precautions (including conducting the whole or part of a review under section 34 or an investigation under section 36 otherwise than in public) to prevent the disclosure to the public or, in the case of such a review, to a party (other than a head) to the proceedings concerned of information specified in paragraph (a) or (b) of subsection (1) or matter that, if it were included in a record, would cause the record to be an exempt record.”.