link to page 1 link to page 1 link to page 1 link to page 2 link to page 2 link to page 2 link to page 4 Version: 1.7.2017
South Australia
Freedom of Information (Fees and Charges)
Regulations 2003
under the Freedom of Information Act 1991

Contents
1
Short title
3
Interpretation
4
Prescribed fees and charges (section 53(1))
5
Waiver and remission (section 53(2)(a))
6
Access to documents by Members of Parliament—prescribed threshold (section 53(2)(b))
Schedule 1—Fees and charges
Legislative history

1—Short title
These regulations may be cited as the Freedom of Information (Fees and Charges)
Regulations 2003.
3—Interpretation
In these regulations, unless the contrary intention appears—
Act means the Freedom of Information Act 1991;
concession cardholder means a person who is the holder of—

(a)
a current concession card—

(i)
issued under an Act or law of the Commonwealth; or
(ii) issued by the administrative unit of the Public Service that is, under a
Minister, responsible for the administration of the Family and
Community Services Act 1972,
(other than a concession card the issue of which is not subject to a means
test); or
(b) a current student identification card issued to a student of a secondary or
tertiary educational institution by that institution.
4—Prescribed fees and charges (section 53(1))
The fees and charges payable for the purposes of the Act are as set out in Schedule 1.
[19.7.2017] This version is not published under the Legislation Revision and Publication Act 2002
1

Freedom of Information (Fees and Charges) Regulations 2003—1.7.2017
5—Waiver and remission (section 53(2)(a))
Where a person liable to pay a fee or charge to an agency under the Act satisfies the
agency—

(a)
that he or she is a concession card holder; or
  (b)  that payment of the fee or charge would cause financial hardship to the
person,
the agency must waive or remit the fee or charge.1
Note—
1
Note that section 53(2a) of the Act provides that an agency may, as it thinks fit,
waive, reduce or remit a fee or charge in circumstances other than those
provided for in this regulation.
6—Access to documents by Members of Parliament—prescribed threshold
(section 53(2)(b))
A Member of Parliament who applies for access to an agency's documents under the
Act is entitled to access to the documents without charge unless the work generated by
the application involves fees and charges (calculated in accordance with Schedule 1)
totalling more than $1 000.
Schedule 1—Fees and charges

1
On application for access to an agency's document (section 13(c))
$34.25
2  (1)
For dealing with an application for access to an agency's document and in

respect of the giving of access to the document (section 19(1)(b) and (c))—

(a)
in the case of a document that contains information concerning the

personal affairs of the applicant—

(i)
for up to the first 2 hours spent by the agency in dealing with
no charge
the application and giving access

(ii)
for each subsequent 15 minutes so spent by the agency
$12.80

(b)
in any other case—for each 15 minutes so spent by the agency
$12.80

(2)
In addition to the fees specified in subclause (1), the following fees are

payable in respect of the giving of access to an agency's document:

(a)
where access is to be given in the form of a photocopy of the
$0.20
document (per page)

(b)
where access is to be given in the form of a written transcript of
$7.70
words recorded or contained in the document (per page)

(c)
where access is to be given in the form of a copy of a photograph,
the actual cost
x-ray, video tape, computer tape or computer disk
incurred by the
agency in producing
the copy

Note—

If the applicant requires that a document be posted or delivered, the
applicant must pay the actual costs incurred by the agency in posting or
delivering the document.
2
This version is not published under the Legislation Revision and Publication Act 2002 [19.7.2017]

1.7.2017—Freedom of Information (Fees and Charges) Regulations 2003
Fees and charges—Schedule 1
3
On application for review by an agency of a determination made by the
$34.25
agency under Part 3 of the Act (section 29(2)(b))
[19.7.2017] This version is not published under the Legislation Revision and Publication Act 2002
3

Freedom of Information (Fees and Charges) Regulations 2003—1.7.2017
Legislative history
Legislative history
Notes

•
Please note—References in the legislation to other legislation or instruments or to
titles of bodies or offices are not automatically updated as part of the program for the
revision and publication of legislation and therefore may be obsolete.

•
Earlier versions of these regulations (historical versions) are listed at the end of the
legislative history.

•
For further information relating to the Act and subordinate legislation made under the
Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Legislation revoked by principal regulations
The Freedom of Information (Fees and Charges) Regulations 2003 revoked the following:
Freedom of Information (Fees and Charges) Regulations 1991
Principal regulations and variations
New entries appear in bold.
Year  No
Reference
Commencement
2003  182
Gazette 28.8.2003 p3380
1.9.2003: r 2
2004  101
Gazette 27.5.2004 p1619
1.7.2004: r 2
2004  215
Gazette 14.10.2004 p3876
14.11.2004: r 2
2005  79
Gazette 26.5.2005 p1464
1.7.2005: r 2
2006  104
Gazette 15.6.2006 p1760
1.7.2006: r 2
2007  120
Gazette 7.6.2007 p2466
1.7.2007: r 2
2008  113
Gazette 5.6.2008 p2086
1.7.2008: r 2
2009  131
Gazette 4.6.2009 p2592
1.7.2009: r 2
2010  11
Gazette 28.1.2010 p356
Pt 7 (r 9)—1.2.2010: r 2
2010  107
Gazette 10.6.2010 p2893
1.7.2010: r 2
2011  85
Gazette 9.6.2011 p2123
1.7.2011: r 2
2012  83
Gazette 31.5.2012 p2364
1.7.2012: r 2
2013  144
Gazette 6.6.2013 p2367
1.7.2013: r 2
2014  121
Gazette 19.6.2014 p2617
1.7.2014: r 2
2015  154
Gazette 18.6.2015 p2792
1.7.2015: r 2
2016  127
Gazette 23.6.2016 p2337
1.7.2016: r 2
2017  142
Gazette 22.6.2017 p2379
1.7.2017: r 2
4
This version is not published under the Legislation Revision and Publication Act 2002 [19.7.2017]

1.7.2017—Freedom of Information (Fees and Charges) Regulations 2003
Legislative history
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
r 2
omitted under the Legislation Revision and
1.7.2004
Publication Act 2002
r 3

concession
varied by 11/2010 r 9
1.2.2010
cardholder
r 6
varied by 215/2004 r 4
14.11.2004
Sch 1
substituted by 101/2004 r 4
1.7.2004

substituted by 79/2005 r 4
1.7.2005

substituted by 104/2006 r 4
1.7.2006

substituted by 120/2007 r 4
1.7.2007

substituted by 113/2008 r 4
1.7.2008

substituted by 131/2009 r 4
1.7.2009

substituted by 107/2010 r 4
1.7.2010

substituted by 85/2011 r 4
1.7.2011

substituted by 83/2012 r 4
1.7.2012

substituted by 144/2013 r 4
1.7.2013

substituted by 121/2014 r 4
1.7.2014

substituted by 154/2015 r 4
1.7.2015

substituted by 127/2016 r 4
1.7.2016

substituted by 142/2017 r 4
1.7.2017
Sch 2
omitted under the Legislation Revision and
1.7.2004
Publication Act 2002
Historical versions
1.7.2004

14.11.2004

1.7.2005

1.7.2006

1.7.2007

1.7.2008

1.7.2009

1.2.2010

1.7.2010

1.7.2011

1.7.2012

1.7.2013

1.7.2014

1.7.2015

[19.7.2017] This version is not published under the Legislation Revision and Publication Act 2002
5

Freedom of Information (Fees and Charges) Regulations 2003—1.7.2017
Legislative history
1.7.2016

6
This version is not published under the Legislation Revision and Publication Act 2002 [19.7.2017]

Document Outline