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This is a Bill, not an Act. For current law, see the Acts databases.
FREEDOM OF INFORMATION AMENDMENT BILL 2008 (NO 2)
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Freedom of
Information Amendment Bill 2008 (No 2)
Contents
Page
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Freedom of
Information Amendment Bill 2008 (No 2)
A Bill for
An Act to amend the
Freedom of Information Act
1989
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Freedom of Information Amendment
Act 2008 (No 2).
(1) This Act (other than section 19) commences on the day after this
Act’s notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
(2) Section 19 commences immediately after the commencement of the ACT
Civil and Administrative Tribunal Legislation Amendment Act 2008 (No
2), amendment 1.195.
This Act amends the Freedom of Information Act 1989.
4 Pt
3 not to apply to certain documentsNew
section 11 (1A)
insert
(1A) A person is not entitled to obtain access under this part to any of
the following documents:
(a) a document prepared for a Minister newly appointed to a portfolio for
the purpose of giving information and advice about the Minister’s
portfolio responsibilities;
(b) a document prepared by or for a Minister for the purpose of accounting
to the Legislative Assembly for the previous and proposed spending of
appropriations by agencies within the Minister’s portfolio;
(c) a notebook or similar document (the Cabinet notebook)
containing notes of any discussion or deliberation taking place in a meeting of
the Executive or of a committee of the Executive, made in the course of the
discussion or deliberation by, or under the authority of, the Secretary to the
Executive;
(d) a document prepared by or for a Minister for the purpose of assisting
the Minister to answer questions in the Legislative Assembly.
5 Executive
documentsSection 35 (1), new
note
insert
Note Access to the Cabinet notebook is excluded under
s 11 (1A) (c).
omit
7 Internal
working documentsSection 36 (3), (4) and
(8)
omit
8 Certificates—acknowledgement
about existence of documents not
requiredSection 58 (a)
omit
, section 35 (5)
9 Powers
of tribunalSection 62
(3)
omit
, section 35, section 36
omit
, section 35
omit
substitute
63 Proceedings on exercise of certain
powers
omit
section 62 (4), (5) or (6)
substitute
section 62 (4) or (6)
omit
, section 35 (3), section 35 (5)
omit
, section 35, section 36
substitute
(9) In this section:
appropriate Minister, for a document for which a certificate
is in force under section 34 or section 37A, means the Minister who gave, or
whose delegate gave, the certificate.
substitute
64 Constitution of tribunal for certain
proceedings
omit
section 62 (4), (5) or (6)
substitute
section 62 (4) or (6)
omit
section 62 (4), (5) or (6)
substitute
section 62 (4) or (5)
20 Hearing
of certain proceedings before the
tribunalSection 65 (2) (a)
(iv)
omit
, section 35
21 Section
65 (2) (a) (v)
omit
22 Production
to the tribunal of documents in relation to which a certificate has been
issuedSection 67 (1)
omit
, section 35, section 36
omit
section 62 (4), (5) or (6)
substitute
section 62 (4) or (6)
omit
section 62 (4), (5) or (6)
substitute
section 62 (4) or (6)
25 Production
of exempt documentsSection 74
(5)
omit
section 62 (4), (5) or (6)
substitute
section 62 (4) or (6)
omit
, section 35, section 36
omit
section 35 (4), section 36 (4) or
28 Evidence
of certificatesSection
75
omit
, section 35, section 36
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2008.
2 Notification
Notified under the Legislation Act on 2008.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2008
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