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Editors --- "Freedom of Information" [2004] AdminRw 8; (2004) 56 Admin Review 56

Freedom of information

The Law and Justice Legislation Amendment Act 2004 modernised the language of the definition of ‘request’ in s. 4(1) of the Freedom of Information Act 1982. The new definition refers to an application being made ‘under’ s. 15(1) of the FOI Act, rather than ‘in accordance with’.

Section 45(1) of the FOI Act was also altered so that it refers to ‘an agency or the Commonwealth’, rather than merely ‘the Commonwealth’. This corrects a drafting oversight and aligns s. 45(1) with s. 45(2)(b).

Finally, Schedules 1, 2 and 3 of the FOI Act were updated by removing references to repealed legislation and abolished companies and substituting the name of a new company where relevant.

Other legislation has made minor amendments to Schedule 3, which lists secrecy provisions that are exempt from the FOI Act:

• The Transport Safety Investigation (Consequential Amendments) Act 2003 amended Schedule 3 by removing the reference to s. 19CU(1) of the Air Navigation Act 1920 and inserting references to ss. 32AP(1) and (2) of the Civil Aviation Act 1988 and ss. 53(1) and (2) and 60(1), (2) and (3) of the Transport Safety Investigation Act 2003.

• The Inspector-General of Taxation Act 2003 amended Schedule 3 by inserting a reference to s. 37 of that Act.

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