The Access to Information Act, 2023

THE ACCESS TO INFORMATION ACT, 2023
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY PROVISIONS
Section
1. Short title and commencement
2. Interpretation
3. General principles governing the right to access information
PART II
ADMINISTRATION ACCESS TO INFORMATION
4. Oversight of access to information
5. Functions of Commission
PART III
RIGHT TO ACCESS INFORMATION
6. Right to access information
7. Duty to keep information
8. Publication of certain information
9. Appointment or designation of information officer
10. Request to access information
11. Transfer of request
12. Grant or refusal of request
13. Extension of time
14. Deemed refusal of request
15. Deferral of access
16. Unavailable information
17. Preservation of information
18. Forms of access
19. Language and format of access
20. Notification of third parties
Access to Information [No. 24 of 2023 409
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K48.00 each.

nformation [No. 24 of 2023 409
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K48.00 each.

Access to Information410 No. 24 of 2023]
PART IV
EXEMPT INFORMATION
21. General limitation on right to access information
22. Disclosure of information in public interest
23. Personal information
24. Commercial information of information holder or third
party
25. Information that endangers life or safety of individuals or
property
26. Information relating to law enforcement or other legal
proceedings
27. Privileged information
28. Information relating to national security
29. Information relating to national economy and ongoing
negotiations
30. Information prejudicial to policy formulation
31. Frivolous and vexatious request
32. Severability
PART V
GENERAL PROVISIONS
33. Appeal
34. Reports by information holder
35. Administration penalty
36. Offences
37. Immunity
38. Guidelines
39. Rules
40. Regulations
41. Savings and transitional provisions
SCHEDULE

holder
35. Administration penalty
36. Offences
37. Immunity
38. Guidelines
39. Rules
40. Regulations
41. Savings and transitional provisions
SCHEDULE

An Act to provide for the right to access information and its
limitations; provide for procedures for processing
requests for information; give effect to the right to access
information as guaranteed in the United Nations
Convention against Corruption and the African Charter
on Human and Peoples Rights; and provide for matters
connected with, or incidental to, the foregoing. [26th December, 2023
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Access to Information Act,
2023, and shall come into operation on the date appointed by the
Minister, by statutory instrument. 2. (1) In this Act, unless the context otherwise requires—
“citizen” has the meaning assigned to the word in the
Constitution;
“Commission” means the Human Rights Commission
established under the Constitution;
“Defence Force” means the Defence Force established under
the Constitution;
“Director” means the person appointed as Director of the
Commission under the Human Rights Commission Act. Enactment
Short title
and
commence-
ment
Interpretation
Cap.1
Cap.1
Cap.1
Cap. 48
GOVERNMENT OF ZAMBIA
ACT
No.

under the Human Rights Commission Act. Enactment
Short title
and
commence-
ment
Interpretation
Cap.1
Cap.1
Cap.1
Cap. 48
GOVERNMENT OF ZAMBIA
ACT
No.

24 of 2023
Date of Assent: 22nd December, 2023
Access to Information [No. 24 of 2023 411

24 of 2023
Date of Assent: 22nd December, 2023
Access to Information [No. 24 of 2023 411

“information holder” means a public body or private body;
“information officer” means a person appointed as information
officer under section 9;
“national security services” means the national security
services established under the Constitution;
“person” has the meaning assigned to the word in the
Constitution;
“personal data” has the meaning assigned to the words in
the Data Protection Act, 2021;
“private body” means a private entity, or non state actor, that
utilises public funds or is in possession of information that
is of significant public interest;
“public body” has the meaning assigned to the words in the
Public Finance Management Act, 2018;
“request” means a demand by a citizen or residence permit
holder for access to information held by, or under the control
of, an information holder;
“requester” means a person making a request for information;
“residence permit” has the meaning assigned to the words in
the Immigration and Deportation Act, 2010;
“residence permit holder” means a person issued with a
residence permit;
“State institution” has the meaning assigned to the words in
the Constitution; and
“third party”, in relation to a request, means a party who is
neither the requester nor the information holder to which a
request has been made.

; and
“third party”, in relation to a request, means a party who is
neither the requester nor the information holder to which a
request has been made.

(2) This Act shall be interpreted and applied on the basis that
an information holder has a duty to disclose information and non-
disclosure is only permitted in the circumstances set out in this Act. 3. The right to access information in the Republic is governed
by the following principles:
(a) a person has the right to access information of information
holders expeditiously and inexpensively;
(b) a person has the right to access information of a private
body that may assist in the exercise or protection of
any right expeditiously and inexpensively;
Act No. 1
of 2018
Act No. 18
of 2010
Cap. 1
General
principles
governing the
right to
access
information
Act No. 3 of
2021
Cap. 1
Cap. 1
Access to Information412 No. 24 of 2023]

8
of 2010
Cap. 1
General
principles
governing the
right to
access
information
Act No. 3 of
2021
Cap. 1
Cap. 1
Access to Information412 No. 24 of 2023]

(c) this Act and any other law, policy or practice creating a
right to access information must be interpreted and
applied on the basis of a presumption of disclosure; and
(d) information holders must proactively publish information. PART II
ADMINISTRATION OF ACCESS TO INFORMATION
4. (1) The Human Rights Commission established under the
Constitution is the institution responsible for providing oversight on
matters relating to access to information. (2) The Commission has the powers and privileges conferred
on the Commission under the Constitution, the Human Rights
Commission Act and any other written law as are required or
necessary for the performance of the Commission’s functions under
this Act. (3) The Ministry responsible for information is responsible for
monitoring and reporting to the Commission on compliance by
information holders with respect to their obligations under this Act. 5.

s responsible for
monitoring and reporting to the Commission on compliance by
information holders with respect to their obligations under this Act. 5.

The functions of the Commission are to—
(a) hear and determine appeals against decisions of information
holders relating to access to information;
(b) advise information holders on matters relating to the
coordination and management of information held by, or
under the control of, the information holders;
(c) in collaboration with the ministry responsible for
information, develop, promote and conduct awareness
programmes to educate the public about the right to
access information;
(d) develop and undertake training activities for information
holders on the right to access information and the
effective implementation of this Act;
(e) in consultation with the ministry responsible for information,
make recommendations for reform of a general nature,
directed at specific information holders;
(f) make recommendations to the Minister responsible for
information on matters relating to access to information;
Oversight of
access to
information
Cap.1
Cap. 1
Cap. 48
Functions of
Commission
Access to Information [No. 24 of 2023 413

ng to access to information;
Oversight of
access to
information
Cap.1
Cap. 1
Cap. 48
Functions of
Commission
Access to Information [No. 24 of 2023 413

(g) issue directives to information holders from time to time
for the purpose of compliance with this Act; and
(h) perform any other functions that are conferred on the
Commission by or under this Act or any other written
law. PART III
RIGHT TO ACCESS INFORMATION
6. (1) Subject to this Act and any other written law, a citizen or
a residence permit holder has the right to access information held
by, or under the control of, an information holder. (2) Subject to this Act, a citizen or residence permit holder’s
right to access information is not affected by—
(a) a reason the citizen or residence permit holder gives for
seeking access to information; or
(b) an information holder’s belief as to the citizen or residence
permit holder’s reason for seeking access to information. (3) Subject to sections 11, 12 and 13, an information holder
shall provide a requester access to information expeditiously at a
reasonable cost and in an accessible format. 7. An information holder shall keep, organise and maintain
information in a manner which facilitates the right to access
information, as provided in this Act. 8.

mation holder shall keep, organise and maintain
information in a manner which facilitates the right to access
information, as provided in this Act. 8.

(1) An information holder shall publish the following
information in the Gazette and in a daily newspaper of wide
circulation in the Republic or any other electronic media platform
that the information holder may determine:
(a) the structure and functions of the information holder;
(b) the services the information holder offers to members of
the public and the manner of accessing those services;
(c) the norms that the information holder has set for the
performance of its functions, including any laws,
instructions, guidelines and manuals held or used by the
information holder’s employees for the performance of
its functions;
Right to
access
information
Duty to
keep
information
Publication
of certain
information
Access to Information414 No. 24 of 2023]

nce of
its functions;
Right to
access
information
Duty to
keep
information
Publication
of certain
information
Access to Information414 No. 24 of 2023]

(d) a description of the mechanism or procedure that enables
a person to make a representation on, participate in,
or influence the formulation of, policy or the decision
making process of the information holder;
(e) the procedure followed in the decision making process,
including channels of supervision and accountability;
(f)a description of remedies available in respect of an act or
omission by the information holder;
(g) detailed information on the design and execution of any
subsidy program implemented with public funds
including the amount allocated, criteria for accessing
the subsidy and the beneficiaries;
(h) particulars of concessions, licences, permits or
authorisations granted, refused or cancelled by the
information holder;
(i) the signing of a contract and details regarding that contract,
including the—
(i) public works or goods acquired or rented;
(ii) services contracted and any sketches, scopes of
service or terms of reference related to the
contract;
(iii) amount of money relating to the contract;
(iv) name of the supplier, contractor or individual to
whom the contract has been awarded; and
(v) period within which the contract is to be
completed;
(j)the information holder’s official contact details which
include postal and physical address, phone number,
email address and social media accounts of the
information holder; and
(k) other information that the Commission may determine.

address, phone number,
email address and social media accounts of the
information holder; and
(k) other information that the Commission may determine.

(2) An information holder shall ensure that—
(a) a person who is likely to be affected by the information
holder’s decision or action has access to the reasons
for that decision or action;
Access to Information [No. 24 of 2023 415

fected by the information
holder’s decision or action has access to the reasons
for that decision or action;
Access to Information [No. 24 of 2023 415

(b) a person who is likely to be affected by the information
holder’s decisions or actions relating to a proposed
project, policy, scheme, programme or law is informed
of the facts available and within the information holder’s
knowledge that the information holder has reasonable
access to;
(c) the information concerning the information holder’s
operations is disclosed to the public in the interest of
transparency and the promotion of democracy; and
(d) the information is disseminated to its widest extent possible,
taking into consideration, local coverage area, local
language and the most effective method of
communication in that area. (3) An information holder shall, bi-annually, update information
that is subject to publication under this section in an accessible
format. 9. (1) An information holder shall appoint or designate at
least one officer as an information officer for that information holder. (2) An information officer shall process requests for
information and render assistance to a requester.

formation officer for that information holder. (2) An information officer shall process requests for
information and render assistance to a requester.

(3) Where an information holder does not appoint an
information officer in accordance with subsection(1), the head of
that information holder shall be the information officer for the
purposes of this Act. 10. (1) A requester shall make a request to an information
holder in the prescribed manner and form. (2) A requester who is unable to make a request in accordance
with subsection (1) may make a request orally. (3) Where a request is made orally, an information officer
shall reduce the request to writing, in the prescribed form, and
provide a copy of the request to the requester. 11. (1) An information holder may, within five days of receiving
a request, transfer the request or a relevant part of the request to
another information holder if the information requested is, or could
be, held by that other information holder. (2) Where a request is transferred under subsection (1), an
information holder to which the request was made shall inform the
requester, in writing, about the transfer within seven days of
receiving the request. Appointment
or
designation
of
information
officer
Request to
access
information
Transfer of
request
Access to Information416 No. 24 of 2023]

request. Appointment
or
designation
of
information
officer
Request to
access
information
Transfer of
request
Access to Information416 No. 24 of 2023]

12. (1) Subject to subsection (2), an information holder that
receives a request shall, within seven days of receiving the request,
make a decision whether or not to grant the request and inform
the requester in writing of the decision. (2) The decision referred to in subsection (1) shall, where
the request is—
(a) granted, specify the—
(i) form in which access to information shall be given;
and
(ii) fees payable, if any, before the further processing
of the request; and
(b) not granted—
(i) state the reasons for not granting access to the
information;
(ii) contain a reference to specific provisions of this
Act or any other written law on which the
decision is based; and
(iii) inform the requester of the right to appeal to the
Commission against the decision. 13.

ny other written law on which the
decision is based; and
(iii) inform the requester of the right to appeal to the
Commission against the decision. 13.

(1) Subject to subsection (2), an information holder to which
a request is made may, within seven days of receiving the request,
extend the time in which to respond to a request for a period not
exceeding fourteen days if—
(a) the request is for a large amount of information or requires
a search through a large amount of information, and
meeting the original time limit would unduly interfere
with the operations of the information holder; or
(b) consultations that cannot reasonably be completed within
seven days are necessary to comply with the request. (2) Where an information holder extends time under subsection
(1), the information holder shall inform the requester, in writing, of
the reasons for extending the time within seven days of receiving
the request. (3) Where a requester considers the extension of time by the
information holder to be dilatory, the requester may appeal to the
Commission against the extension of time. Grant or
refusal of
request
Extension of
time
Access to Information [No. 24 of 2023 417

er may appeal to the
Commission against the extension of time. Grant or
refusal of
request
Extension of
time
Access to Information [No. 24 of 2023 417

14. (1) An information holder is deemed to have refused a
request if the information holder does not inform the requester of
the information holder’s decision on the request—
(a) within the period specified in section 11(2) or 12(1); or
(b) where the period specified in section 12 (1) has been
extended in accordance with section 13, within the
extended period. (2) A requester may, where an information holder is deemed
to have refused a request, appeal to the Commission against the
deemed refusal of the request. 15. (1) An information holder shall defer the provision of access
to information where the request relates to information—
(a) which is required to be published; or
(b) in respect of judicial proceedings pending before a court
or tribunal. (2) An information holder shall, where information is required
to be published under subsection (1)(a), defer the provision of access
to information until the information is published or on the expiration
of a period of thirty days from the date of the request, whichever
happens earlier.

nformation until the information is published or on the expiration
of a period of thirty days from the date of the request, whichever
happens earlier.

(3) An information holder that defers access to information
under subsection (1) shall inform the requester, in writing—
(a) of the deferral within seven days of receiving of the request;
(b) of the reasons for the deferral, including the provisions of
this Act or any other written law relied on;
(c) of the likely period for which access to the information is
to be deferred; and
(d) in the case of a deferral under subsection (2), of the
requester’s right to make representations, within
fourteen days of being informed of the deferral, to the
information holder as to why the information is required
before its publication or before the period of thirty days
referred to under subsection (2). (4) An information holder shall, where representations are made
pursuant to subsection (3)(d) and the information holder is satisfied
that there are reasonable grounds based on the representations for
believing that the requester will suffer substantial prejudice if access
to the information is deferred for the period referred to in subsection
(3)(c), grant the request within five days of the representations
being made. Deemed
refusal of
request
Deferral of
access
Access to Information418 No.

3)(c), grant the request within five days of the representations
being made. Deemed
refusal of
request
Deferral of
access
Access to Information418 No.

24 of 2023]

24 of 2023]

16. (1) Where the information requested cannot be found or
does not exist and an information holder has taken resonable steps
to find that information, the information holder shall inform the
requester accordingly in the prescribed manner and form. (2) Where an information holder has informed the requester
that information cannot be found or does not exist and the
information in question is subsequently found, the information holder
shall process the request in accordance with this Act. 17. An information holder that receives a request shall take
reasonable steps to preserve the information requested for until
after the request is processed in accordance with this Act. 18. (1) An information holder may give access to information
in respect of which a request is granted by—
(a) supplying a certified copy of the document, either
electronically, or in physical form;
(b) giving the person an opportunity to copy the record, using
the person’s own equipment;
(c) making arrangements for the inspection of the information,
where necessary;
(d) providing a written transcript of the words stored in audio
or visual form; or
(e) any other means that are available to the information
holder.

;
(d) providing a written transcript of the words stored in audio
or visual form; or
(e) any other means that are available to the information
holder.

(2) For the purposes of subsection (1), an information holder
shall maintain its records in a reproducible form. (3) A person may request an information holder to disclose
certain information to that person in a particular form, unless
disclosure of information in that particular form may—
(a) interfere with the effective administration or operations
of the information holder;
(b) be detrimental to the preservation of the form in which
the information is kept or stored or may not be
appropriate, having regard to the nature of the form in
which the information is kept or stored; or
(c) amount to an infringement of copyright not owned by the
information holder. Unavailable
information
Preservation
of
information
Forms of
access
Access to Information [No. 24 of 2023 419

ght not owned by the
information holder. Unavailable
information
Preservation
of
information
Forms of
access
Access to Information [No. 24 of 2023 419

(4) Where, in accordance with subsection (3), the information
holder does not provide access to information in the form requested
by a requester, the information holder may provide information in
any other form on payment of a prescribed fee. (5) Where a requester is unable to read, view or listen to
information in the form in which the information is held due to
disability, an information holder may take reasonable steps to make
the information available in a form that the information is capable
of being read, viewed or heard by the requester. 19. A person who has been granted access to information shall,
if the information requested does not exist in a language requested,
be given access to the information in the language or format that
the information exists. 20. (1) Where an information holder receives a request relating
to a third party, the information holder shall within seven days of
receiving the request inform the third party of the request.

es a request relating
to a third party, the information holder shall within seven days of
receiving the request inform the third party of the request.

(2) A third party who is informed of a request under subsection
(1) may, within twenty one days of being informed of the request—
(a) object to the request in writing or orally; or
(b) give written consent for the disclosure of the requested
information. (3) Where a third party objects to the disclosure of information
under subsection (2) (a), or does not respond to the notification
under this section, the information holder shall, within seven days
of receipt of the objection or non-receipt of a response from the
third party, inform the requester that the request is not granted. PART IV
EXEMPT INFORMATION
21. Despite section 8, an information holder shall not publish
information where the information holder—
(a) is satisfied that the information or part of the information
is exempted from disclosure under this Part; or
(b) determines, in accordance with this Act, that non-
disclosure of the information is justified in the public
interest. Language and
format
of access
Notification
of third
parties
General
limitation on
right to
access
information
Access to Information420 No. 24 of 2023]

Language and
format
of access
Notification
of third
parties
General
limitation on
right to
access
information
Access to Information420 No. 24 of 2023]

22. (1) Despite any other provision of this Act, an information
holder shall disclose information where the public interest in the
disclosure of the information outweighs the harm to the interest
protected under the relevant limitation of the right to access
information. (2) For purposes of subsection (1), the public interest includes
the exposure of—
(a) a substantial contravention of, or failure to comply with, a
written law;
(b) abuse of authority or neglect in the performance of an
official duty;
(c) injustice to an individual;
(d) danger to the life, health or safety of an individual or the
public;
(e) an imminent environmental risk; or
(f) unauthorised use of public funds. 23. (1) Subject to subsection (2), an information holder shall
not grant access to or disclose information if the disclosure of the
information would involve the disclosure of confidential personal
data of a third party, including a deceased person.

rmation if the disclosure of the
information would involve the disclosure of confidential personal
data of a third party, including a deceased person.

(2) A request may be granted or information disclosed under
subsection (1) where—
(a) the third party consents to the disclosure;
(b) the third party has been deceased for more than ten years;
(c) the information is already publicly available;
(d) the information relates to the physical or mental health or
well being of a person who is under the care of the
requester and who is under the age of eighteen years
or incapable of understanding the nature of the request,
and giving access would be in the best interest of the
person;
(e) the information is about a deceased person and the
requester is—
(i) the next of kin or legal representative of the
deceased person;
(ii) making the request with the written consent of
the deceased person’s next of kin or legal
representative;
Disclosure of
information in
public interest
Personal
information
Access to Information [No. 24 of 2023 421

son’s next of kin or legal
representative;
Disclosure of
information in
public interest
Personal
information
Access to Information [No. 24 of 2023 421

(iii) the executor or administrator of the estate of the
deceased person; or
(iv) the trustee of a trust which can benefit from the
estate of the deceased person;
(f)the information relates to the position or functions of a
person who is or was an officer of an information holder
including—
(i) the title, work address, work phone number and
other similar particulars of the person;
(ii) the classification, salary scale or remuneration
and responsibilities of the position held or
services performed by the person; and
(iii) the name of the individual on a record prepared
by the person in the course of employment; or
(g) the information was given to an information holder by the
person to whom it relates and the person was informed
by or on behalf of the information holder, before it was
given, that the information belongs to a class of
information that would or might be made available to
the public. 24.

formation holder, before it was
given, that the information belongs to a class of
information that would or might be made available to
the public. 24.

(1) Subject to subsection (2), an information holder shall
not grant a request if the information requested for contains—
(a) trade secrets of the information holder or a third party;
(b) financial, commercial, scientific or technical information
that is proprietary to the information holder or a third
party, and the disclosure of which would or is likely to
cause harm to the commercial or financial interests of
the information holder or third party; or
(c) confidential information supplied by a third party the
disclosure of which could reasonably be expected to—
(i) put that third party at a disadvantage in contractual
or other negotiations; or
(ii) prejudice that third party in commercial
competition. Commercial
information
of
information
holder or
third party
Access to Information422 No. 24 of 2023]

udice that third party in commercial
competition. Commercial
information
of
information
holder or
third party
Access to Information422 No. 24 of 2023]

(2) An information holder shall grant a request under
subsection (1) if the information requested for is—
(a) already publicly available;
(b) about a third party who has consented in writing to the
disclosure of the information to the requester;
(c) information the disclosure of which would facilitate
accountability and transparency of decisions taken by
the information holder other than preliminary results of
any tests, research, preparations or other investigations
conducted for the purpose of developing any policy;
(d) information which relates to the expenditure of public
funds; or
(e) information the disclosure of which would reveal
misconduct or deception. 25. (1) An information holder shall not grant a request if the
disclosure of the information requested for could reasonably be
expected to endanger the life or safety of an individual. (2) An information holder may not grant a request if the
disclosure of the information requested for would, or is likely to,
prejudice or impair—
(a) the security of property;
(b) the methods, systems, plans or procedures for the
protection of property; or
(c) the safety of the public or a section of the public. 26.

roperty;
(b) the methods, systems, plans or procedures for the
protection of property; or
(c) the safety of the public or a section of the public. 26.

An information holder may not grant a request if the—
(a) information requested for contains methods, techniques,
procedures or guidelines for the prevention, detection,
curtailment or investigation of a contravention or possible
contravention of a written law or the prosecution of an
alleged offender and the disclosure of those methods,
techniques, procedures or guidelines could reasonably
be expected to prejudice their effectiveness or lead to
the circumvention of the law or facilitate the commission
of an offence;
Information
that
endangers life
or safety of
individuals or
property
Information
relating to
law
enforcement
or other legal
proceedings
Access to Information [No. 24 of 2023 423

life
or safety of
individuals or
property
Information
relating to
law
enforcement
or other legal
proceedings
Access to Information [No. 24 of 2023 423

(b) information requested for relates to the prosecution of an
alleged offender that is being prepared or about to
commence or pending and the disclosure of the
information could reasonably be expected to impede that
prosecution or result in miscarriage of justice in that
prosecution; or
(c) disclosure of the information requested for could
reasonably be expected to—
(i) prejudice the investigation of a contravention or
possible contravention of a written law which
is about to commence or is in progress or, if the
investigation has been suspended or terminated,
is likely to be resumed;
(ii) reveal, or enable a person to ascertain, the identity
of a confidential source of information relating
to the enforcement or administration of the law;
(iii) result in the interference, intimidation or coercion
of a witness or a person who might be, or is,
called as a witness in criminal proceedings or
other proceedings to enforce the law;
(iv) facilitate the commission of an offence or other
contravention of a written law; or
(v) prejudice or impair the fairness of a trial or the
impartiality of an adjudication. 27.

of an offence or other
contravention of a written law; or
(v) prejudice or impair the fairness of a trial or the
impartiality of an adjudication. 27.

(1) Subject to subsection (2), an information holder shall
not grant a request if the information requested for is privileged
under any written law. (2) An information holder may grant a request if the person
entitled to the privilege referred to in subsection (1) consents to
the disclosure of the information or has waived the privilege. 28. (1) An information holder shall not grant a request or
disclose information if the disclosure of the information would, or
is likely to, prejudice the defence or security of the Republic. Privileged
information
Information
relating to
national
security
Access to Information424 No. 24 of 2023]

ice the defence or security of the Republic. Privileged
information
Information
relating to
national
security
Access to Information424 No. 24 of 2023]

(2) Without limiting the generality of subsection (1),
information referred to in that subsection includes information—
(a) relating to military tactics or strategy, or military exercises
or operations undertaken in preparation for hostilities
or in connection with the detection, prevention,
suppression or curtailment of subversive or hostile
activities;
(b) relating to the quantity, characteristics, capabilities,
vulnerabilities or deployment of—
(i) weapons or any other equipment used for the
detection, prevention, suppression or
curtailment of subversive or hostile activities;
or
(ii) anything being designed, developed, produced or
considered for use as weapons or such other
equipment;
(c) relating to the characteristics, capabilities, vulnerabilities,
performance, potential, deployment or functions of—
(i) the Defence Force or national security services;
or
(ii) a body or person responsible for the detection,
prevention, suppression or curtailment of
subversive or hostile activities;
(d) held for the purpose of intelligence relating to—
(i) the defence of the Republic;
(ii) the detection, prevention, suppression or
curtailment of subversive or hostile activities;
or
(iii) another state or an international organisation used
by or on behalf of the Republic in the process
of deliberation and consultation in the conduct
of international affairs;
(e) on methods of, and scientific or technical equipment for,
collecting, assessing or handling information referred
to in paragraph(d);
(f) on the identity of a confidential source or any other source
of information referred to in paragraph (d);
Access to Information [No.

paragraph(d);
(f) on the identity of a confidential source or any other source
of information referred to in paragraph (d);
Access to Information [No.

24 of 2023 425

24 of 2023 425

(g) relating to proceedings of the Cabinet;
(h) on the positions adopted or to be adopted by the Republic
in respect of another State or an international
organisation for the purpose of present or future
international negotiations; or
(i) that constitutes diplomatic correspondence exchanged with
another State or an international organisation, or official
correspondence exchanged with diplomatic missions or
consular posts of the Republic. 29. An information holder may not grant a request if the
disclosure of information requested for—
(a) would or is likely to, materially jeopardise the national
economic interests or financial welfare or the ability of
the Government to manage the national economy
effectively in the best interest of the Republic; or
(b) relates to an ongoing negotiation to which a State institution
is a party. 30.

tional economy
effectively in the best interest of the Republic; or
(b) relates to an ongoing negotiation to which a State institution
is a party. 30.

(1) Subject to subsection (3), an information holder may
not grant a request—
(a) if the information requested for contains an opinion, advice,
report or recommendation obtained or prepared, or an
account of a consultation, discussion or deliberation that
has occurred—
(i) for purpose of assisting to formulate a policy; or
(ii) to take a decision in the exercise of a power or
performance of a duty;
(b) if the disclosure of the information requested for could
reasonably be expected to frustrate the consultative
process by communicating an opinion or recommendation,
or a process relating to the consultative process; or
(c) if the disclosure of the information requested for could,
by premature disclosure of a policy or contemplated
policy, reasonably be expected to frustrate the success
of that policy. Information
relating to
national
economy
and ongoing
negotiations
Information
prejudicial to
policy
formulation
Access to Information426 No. 24 of 2023]

formation
relating to
national
economy
and ongoing
negotiations
Information
prejudicial to
policy
formulation
Access to Information426 No. 24 of 2023]

(2) Subject to subsection (3), an information holder may not
grant a request if—
(a) the disclosure of the information requested for could
reasonably be expected to jeopardise the effectiveness
of a testing, examining or auditing procedure or method
used by the information holder;
(b) the information requested for contains evaluative material,
whether or not the person who supplied the material is
identified, and the disclosure of the material would
breach an express or implied undertaking —
(i) made to the person who supplied the material; and
(ii) to the effect that the material or the identity of
the person who supplied the material would be
confidential; or
(c) the information requested for contains a preliminary,
working or other draft of an officer of the information
holder. (3) An information holder may grant a request under this
section if the information requested for consists of a statement of
reasons required to be given in accordance with any written law. 31.

st under this
section if the information requested for consists of a statement of
reasons required to be given in accordance with any written law. 31.

An information holder may not grant a request if—
(a) the request is manifestly frivolous or vexatious; or
(b) the work involved in processing the request would
substantially and unreasonably divert the resources of
the entity. 32. An information holder shall, where a request relates to
information contained in a record that has information which is
exempted from disclosure and information which is not exempted
from disclosure, remove the exempted information from the record
and grant access to the remaining information. PART V
GENERAL PROVISIONS
33. (1) A person who is aggrieved by a decision of an
information holder under this Act may appeal to the Commission
within thirty days of the information holder’s decision. (2) A person dissatisfied by the decision of the Commission
may, appeal to the High Court. Frivolous and
vexatious
request
Severability
Appeal
Access to Information [No. 24 of 2023 427

ecision of the Commission
may, appeal to the High Court. Frivolous and
vexatious
request
Severability
Appeal
Access to Information [No. 24 of 2023 427

34. An information holder shall submit annually to the
Commission a report on the—
(a) measures taken to meet that information holder’s disclosure
obligations under section 8;
(b) number of requests received and granted in full or in part;
(c) number of requests granted in the public interest;
(d) number of requests not granted in full or in part; and
(e) number of cases where the periods stipulated for giving
access were extended. 35. (1) The Commission may impose an administrative penalty
for a failure to comply with a provision of this Act which is not an
offence. (2) An administrative penalty shall not exceed the amount
prescribed by the Minister responsible for information, by statutory
instrument, for each day during which the failure continues. (3) An administrative penalty shall be paid to the Commission
within the period prescribed by the Minister responsible for
information. (4) The Commission may, where a person fails to pay an
administrative penalty within the stipulated time under subsection
(3), by way of civil action in a competent court, recover the amount
for the administrative penalty from that person as an amount due
and owing to the Commission. 36.

ivil action in a competent court, recover the amount
for the administrative penalty from that person as an amount due
and owing to the Commission. 36.

(1) A person commits an offence if that person, with the
intention of denying a right to access information under this Act—
(a) destroys, damages or alters any information;
(b) conceals any information;
(c) obstructs the Commission in the performance of the
Commission’s functions under this Act; or
(d) presents a false document or record. (2) A person convicted of an offence under subsection (1) is
liable to a fine not exceeding two hundred thousand penalty units
or to imprisonment for a term not exceeding two years, or to both. (3) A person commits an offence if that person discloses
information that is exempt from disclosure under Part IV. Reports by
information
holder
Administrative
penalty
Offences
Access to Information428 No. 24 of 2023]

n that is exempt from disclosure under Part IV. Reports by
information
holder
Administrative
penalty
Offences
Access to Information428 No. 24 of 2023]

(4) A person convicted of an offence under subsection (3) is
liable to the penalty specified under the relevant written law. (5) A person convicted of an offence under subsection (3)
for which no penalty is prescribed under any written law is liable
to a fine not exceeding five hundred thousand penalty units or to
imprisonment for a term not exceeding five years, or to both. 37. An action or other proceedings shall not lie or be instituted
against an information officer or information holder for, or in respect
of, an act or thing done or omitted to be done in good faith in the
exercise or performance of any of the powers, functions or duties
conferred under this Act. 38. (1) The Commission may, in consultation with the Ministry
responsible for information, in the performance of its functions
under this Act, develop and issue guidelines that are necessary for
the better carrying out of the provisions under this Act.

ormance of its functions
under this Act, develop and issue guidelines that are necessary for
the better carrying out of the provisions under this Act.

(2) The guidelines issued under subsection (1) shall include—
(a) the objects of this Act;
(b) contact details of the Commission;
(c) existing obligations of information holders under this Act,
including their proactive disclosure obligations;
(d) methods and means of making requests; and
(e) the rights of persons under this Act and the assistance
that is available from the Commission to persons. (3) The Commission shall publish the guidelines issued under
this Act in the Gazette, and in at least one daily newspaper of
general circulation in the Republic or any other electronic media
that the Commission may determine. 39. The Chief Justice may, by statutory instrument, make
rules relating to—
(a) the manner and form for lodging of appeals to the
Commission;
(b) the mode of summoning before the Commission;
(c) the form and manner of service of summons requiring
the attendance of witnesses and the production of any
book, record, document or other information;
Immunity
Guidelines
Rules
Access to Information [No. 24 of 2023 429

f witnesses and the production of any
book, record, document or other information;
Immunity
Guidelines
Rules
Access to Information [No. 24 of 2023 429

(d) the procedure to be followed and the rules of evidence to
be observed in proceedings;
(e) the notification of decisions of the Commission; and
(f)such other matters necessary for the performance of the
functions of the Commission when hearing and
determining an appeal.
40. (1) The Minister responsible for information may, by
statutory instrument, make Regulations for the better carrying out
of the provisions of this Act.
(2) Without limiting the generality of subsection (1),
Regulations made under that subsection may provide for—
(a) the category of persons exempted from paying a fee under
this Act;
(b) the manner and form of making a request and the fee
payable;
(c) information that is subject to publication by information
holders; and
(d) the form of notices required to be issued under this Act.
41. The Schedule applies to the savings and transitional
provisions.
Regulations
Savings and
transitional
provisions
Access to Information430 No. 24 of 2023]

Schedule applies to the savings and transitional
provisions.
Regulations
Savings and
transitional
provisions
Access to Information430 No. 24 of 2023]

SCHEDULE
(Section 41)
SAVINGS AND TRANSITIONAL PROVISIONS
1. (1) An information holder shall progressively comply with
the provisions under this Act within two years of the commencement
of this Act.
(2) The Commission shall—
(a) set minimum standards for compliance; and
(b) on an annual basis, review minimum standards for
compliance by an information holder.
2. An information holder shall facilitate appropriate training
for its officials on the right to access information and the effective
implementation of this Act within two years of the commencement
of this Act.
Period for
compliance
Training of
officials
Access to Information [No. 24 of 2023 431

432