Deferral of access

(1) If the information officer of a public body decides to grant a request for access to a record, but that record— (a) is to be published within 90 days after the receipt or transfer of the request or such further period as is reasonably necessary for printing and translating the record for the purpose of publishing it; (b) is required by law to be published but is yet to be published; or (c) has been prepared for submission to any legislature or a particular person but is yet to be submitted, the information officer may defer giving access to the record for a reasonable period.

(2) If access to a record is deferred in terms of subsection (1), the information officer must notify the requester concerned— (a) that the requester may, within 30 days after that notice is given, make representations to the information officer why the record is required before such publication or submission; and (b) of the likely period for which access is to be deferred.

(3) If a requester makes representations in terms of subsection (2)(a), the information officer must, after due consideration of those representations, grant the request for access only if there are reasonable grounds for believing that the requester will suffer substantial prejudice if access to the record is deferred for the likely period referred to in subsection (2)(b).