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PAIA / Sections / Section 86
Section 86

Application of other legislation providing for access

Part 6 · Transitional Arrangements

(1) The Minister must, within 12 months after the commencement of section 6, introduce a Bill in Parliament proposing the amendment of— (a) Part 1 of the Schedule to include the provisions of legislation which provide for or promote access to a record of a public body; and (b) Part 2 of the Schedule to include the provisions of legislation which provide for or promote access to a record of a private body.

(2) Until the amendment of this Act contemplated in subsection (1) takes effect, any other legislation not referred to in the Schedule which provides for access to a record of a public body or a private body in a manner which, including, but not limited to, the payment of fees, is not materially more onerous than the manner in which access may be obtained in terms of Part 2 or 3 of this Act, respectively, access may be given in terms of that legislation.

transitionalScheduleother access legislation
Beyond the text

What this means in practice

  • A transitional provision on keeping the Schedule of access-giving legislation up to date; until it's updated, comparable non-onerous access laws can still be used.
  • It reinforces s.6: PAIA is a floor, not a ceiling, for access.
Relevant tool

PopiGuard helps you route a request through PAIA or an equivalent statute, whichever gives access most simply.

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