s. s. 50 51 (4) On the hearing of an application for review the S. 50(4) Tribunal shall have, in addition to any other amended by Nos 10155 power, the same powers as an agency or a s. 67(1)(e) Minister in respect of a request, including power (vi)(vii), 7/2003 s. 44(3). to decide that access should be granted to an exempt document (not being a document referred to in section 28, section 29A, section 31(3), or in section 33) where the Tribunal is of opinion that the public interest requires that access to the document should be granted under this Act. (5) Where a certificate has been given in respect of a S. 50(5) amended by document under section 28(4), the powers of the No. 10155 Tribunal do not extend to reviewing the decision s. 67(1)(e)(vii). to give the certificate and shall be limited to determining whether a document has been properly classified as an exempt document within the meaning of section 28. (5A) Where a certificate has been given in respect of a S. 50(5A) inserted by document under section 29A(2), the powers of the No. 7/2003 Tribunal do not extend to reviewing the decision s. 44(4). to give the certificate and shall be limited to determining the question whether there exist reasonable grounds for the claim that the document is an exempt document under section 29A. (6) The Tribunal may refuse to review a decision of S. 50(6) inserted by an agency or Minister to refuse the request of a No. 58/1993 person for access to a document if the Tribunal is s. 13. satisfied that it has previously reviewed a decision of the agency or Minister to refuse access to the same document or the same information. 51 Freedom of Information Commissioner may be S. 51 amended by called on to assist Tribunal Nos 10155 s. 67(1)(f), (1) The Tribunal, on its own motion or on the 2/2001 s. 101(1)(f)(g), application of the Freedom of Information substituted by Commissioner, may call on the Commissioner to No. 6/2012 s. 16. assist the Tribunal in respect of a review.
S. 50(4) amended by Nos 10155 s. 67(1)(e) (vi)(vii), 7/2003 s. 44(3). (4) On the hearing of an application for review the Tribunal shall have, in addition to any other power, the same powers as an agency or a Minister in respect of a request, including power to decide that access should be granted to an exempt document (not being a document referred to in section 28, section 29A, section 31(3), or in section 33) where the Tribunal is of opinion that the public interest requires that access to the document should be granted under this Act. s. 50 S. 50(5) amended by No. 10155 s. 67(1)(e)(vii). (5) Where a certificate has been given in respect of a document under section 28(4), the powers of the Tribunal do not extend to reviewing the decision to give the certificate and shall be limited to determining whether a document has been properly classified as an exempt document within the meaning of section 28. S. 50(5A) inserted by No. 7/2003 s. 44(4). (5A) Where a certificate has been given in respect of a document under section 29A(2), the powers of the Tribunal do not extend to reviewing the decision to give the certificate and shall be limited to determining the question whether there exist reasonable grounds for the claim that the document is an exempt document under section 29A. S. 50(6) inserted by No. 58/1993 s. 13. (6) The Tribunal may refuse to review a decision of an agency or Minister to refuse the request of a person for access to a document if the Tribunal is satisfied that it has previously reviewed a decision of the agency or Minister to refuse access to the same document or the same information. S. 51 amended by Nos 10155 s. 67(1)(f), 2/2001 s. 101(1)(f)(g), substituted by No. 6/2012 s. 16. 51 Freedom of Information Commissioner may be called on to assist Tribunal s. 51 (1) The Tribunal, on its own motion or on the application of the Freedom of Information Commissioner, may call on the Commissioner to assist the Tribunal in respect of a review.
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