32B Right of review

(1)

Where—

(a)

a recommendation is made under section 30(1) in respect of a request made under section 12; and

(b)

an Order in Council is made under section 32 in respect of that recommendation,—

the person who made that request may apply to the High Court for a review of the making of that Order in Council.

(2)

An application under subsection (1) may be made on the ground that the Order in Council was beyond the powers conferred by sections 32 and 32A or was otherwise wrong in law.

(3)

On an application under subsection (1), the High Court may—

(a)

make an order confirming that the Order in Council was validly made; or

(b)

make an order declaring that the making of the Order in Council was beyond the powers conferred by sections 32 and 32A or was otherwise wrong in law.

(4)

Unless the High Court is satisfied that an application brought under subsection (1) has not been reasonably or properly brought, it shall, in determining the application and irrespective of the result of the application, order that the costs of the applicant on a solicitor and client basis shall be paid by the Crown, and such costs shall be paid out of money appropriated by Parliament for the purpose.

Section 32B: inserted, on 1 April 1987, by section 18 of the Official Information Amendment Act 1987 (1987 No 8).