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 person, if he was not aware of that rule, guideline or practice at that time, shall not be subjected to any prejudice by reason only of the application of that rule, guideline or practice in relation to the thing done or omitted to be done by him if he could lawfully have avoided that prejudice had he been aware of that rule, guideline or practice.

(2) The reference in sub-section (1) to the time at which a person did, or omitted to do, any act or thing relevant to the performance in relation to him of a function of an agency does not include a reference to a time earlier than—


 * (a) the expiration of the period of 12 months referred to in paragraph 9 (2) (b) or, if that period has been extended in respect of the agency under sub-section 9 (5), the expiration of the period as extended; or


 * (b) the expiration of the period of 12 months after the day on which the agency came into existence, whichever is the later.

Right of access

11. Subject to this Act, every person has a legally enforceable right to obtain access in accordance with this Act to—


 * (a) a document of an agency, other than an exempt document; or


 * (b) an official document of a Minister, other than an exempt document.

Part not to apply to certain documents

12. (1) A person is not entitled to obtain access under this Part to—


 * (a) a document, or a copy of a document, to which sub-section 32 (1) of the Archives Act 1982 applies;


 * (b) a document that is open to public access, as part of a public register or otherwise, in accordance with another enactment, where that access is subject to a fee or other charge; or


 * (c) a document that is available for purchase by the public in accordance with arrangements made by an agency.

(2) A person is not entitled to obtain access under this Part to a document or a part of a document that became a document of an agency or an official document of a Minister before the date of commencement of this Part unless—


 * (a) the document or that part of the document contains information relating to the personal affairs of that person and the document became a document of the agency or an official document of the Minister not earlier than 5 years before the date of commencement of this Part; or


 * (b) the document or that part of the document is a document or a part of a document access to which is reasonably necessary to enable a proper understanding of a document of an agency or an official document of a Minister to which that person has lawfully had access.