Act 6
Access to Information Act
2005
(c) that the third party may, within twenty days after the notice, make representation
as to why the record should not be disclosed.
(4) The information officer may extend the period prescribed by subsection (3)(c) if the
time limit prescribed by section 17 is extended but the extension under this subsection
shall not exceed the extension under section 17.
36. Representation by third party.
(1) The third party to whom notice is given under section 35 shall make the representation
within the period stated in the notice; and the information officer shall, within twenty one
days of the notice, make a decision whether or not go give access to the record.
(2) The representation made under subsection (1) shall be given in writing unless the
information officer provides otherwise.
(3) The information officer shall give the third party notice of the decision
made under subsection (1) and the notice shall include a statement (a) that the third a party is entitled to request for a review of the decision; and
(b) that the person who requested for access will be given access unless a review is
requested.
PART V - COMPLAINTS AND APPEALS.
37. Complaints to Chief Magistrate
A person may lodge a complaint with the Chief Magistrate, against the decision of an
information officer (a) to refuse a request for access; or
(b) taken under section 17(1) or 20(3), in relation to that person.
38. Appeal to court
A person aggrieved by the decision of the Chief Magistrate under section 35, may, within
twenty one days after the decision is communicated to him or her, appeal to the High Court
against the decision of the Chief Magistrate.
39.
Procedure
The Rules Committee shall, within six months after the commencement of this Act, makes
rules of procedure for the courts to regulate the procedure in respect of applications made
under sections 35 and 40.
40. Disclosure of records by court.
(1) Notwithstanding this Act or any other law, a court hearing an appeal against a
decision, may examine any record of a public body to which this Act applies, and no such
record may be withheld from the court on any grounds except whenever access to
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