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This is a Bill, not an Act. For current law, see the Acts databases.


FREEDOM OF INFORMATION AMENDMENT BILL 1995

      Queensland




    FREEDOM OF
   INFORMATION
AMENDMENT BILL 1995

 


 

Queensland FREEDOM OF INFORMATION AMENDMENT BILL 1995 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Replacement of ss 36 and 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 36 Cabinet matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 37 Executive Council matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4 Insertion of new pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 7--TRANSITIONAL PROVISIONS 110 Application of amendments made by Freedom of Information Legislation Amendment Act 1995 to earlier applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 111 Expiry of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 8 CONSEQUENTIAL AND MINOR AMENDMENTS OF FREEDOM OF INFORMATION ACT 1992

 


 

 

1995 A BILL FOR An Act to amend the Freedom of Information Act 1992

 


 

s1 4 s3 Freedom of Information Amendment The Parliament of Queensland enacts-- 1 title 2 Short Clause 1. This Act may be cited as the Freedom of Information Amendment Act 3 1995. 4 Act 5 Amended Clause 2. This Act amends the Freedom of Information Act 1992. 6 of ss 36 and 37 7 Replacement Clause 3. Sections 36 and 37-- 8 omit, insert-- 9 matter 10 `Cabinet `36.(1) Matter is exempt matter if-- 11 (a) it has been submitted to Cabinet; or 12 (b) it was prepared for submission to Cabinet and is proposed, or has 13 at any time been proposed, by a Minister to be submitted to 14 Cabinet; or 15 (c) it was prepared for briefing, or the use of, a Minister or chief 16 executive in relation to a matter-- 17 (i) submitted to Cabinet; or 18 (ii) that is proposed, or has at any time been proposed, to be 19 submitted to Cabinet by a Minister; or 20 (d) it is, or forms part of, an official record of Cabinet; or 21 (e) its disclosure would involve the disclosure of any consideration 22 of Cabinet or could otherwise prejudice the confidentiality of 23 Cabinet considerations or operations; or 24 (f) it is a draft of matter mentioned in paragraphs (a) to (e); or 25

 


 

s3 5 s3 Freedom of Information Amendment (g) it is a copy of or extract from, or part of a copy of or extract from, 1 matter mentioned in paragraphs (a) to (f). 2 `(2) Subsection (1) does not apply to matter officially published by 3 decision of Cabinet. 4 `(3) A certificate signed by the Minister stating that specified matter 5 would, if it existed, be exempt matter mentioned in subsection (1), but not 6 matter mentioned in subsection (2), establishes, subject to part 5,1 that, if 7 the matter exists, it is exempt matter under this section. 8 `(4) In this section-- 9 "Cabinet" includes a Cabinet committee or subcommittee. 10 "chief executive" means a chief executive of a unit of the public sector. 11 "consideration" includes-- 12 (a) discussion, deliberation, noting (with or without discussion) or 13 decision; and 14 (b) consideration for any purpose, including, for example, for 15 information or to make a decision. 16 "draft" includes a preliminary or working draft. 17 "official record", of Cabinet, includes an official record of matters 18 submitted to Cabinet. 19 "submit" matter to Cabinet includes bring the matter to Cabinet, 20 irrespective of the purpose of submitting the matter to Cabinet, the 21 nature of the matter or the way in which Cabinet deals with the matter. 22 Council matter 23 `Executive `37.(1) Matter is exempt matter if-- 24 (a) it has been submitted to Executive Council; or 25 (b) it was prepared for submission to Executive Council and is 26 proposed, or has at any time been proposed, by a Minister to be 27 submitted to Executive Council; or 28 1 Part 5 deals with the external review of decisions.

 


 

s3 6 s3 Freedom of Information Amendment (c) it was prepared for briefing, or the use of, the Governor, a 1 Minister or a chief executive in relation to a matter-- 2 (i) submitted to Executive Council; or 3 (ii) that is proposed, or has at any time been proposed, to be 4 submitted to Executive Council by a Minister; or 5 (d) it is, or forms part of, an official record of Executive Council; or 6 (e) its disclosure would involve the disclosure of any consideration 7 of Executive Council or could otherwise prejudice the 8 confidentiality of Executive Council considerations or operations; 9 or 10 (f) it is a draft of matter mentioned in paragraphs (a) to (e); or 11 (g) it is a copy of or extract from, or part of a copy of or extract from, 12 matter mentioned in paragraphs (a) to (f). 13 `(2) Subsection (1) does not apply to matter officially published by 14 decision of the Governor in Council. 15 `(3) A certificate signed by the Minister stating that specified matter 16 would, if it existed, be exempt matter mentioned in subsection (1), but not 17 matter mentioned in subsection (2), establishes, subject to part 5, that, if the 18 matter exists, it is exempt matter under this section. 19 `(4) In this section-- 20 "chief executive" means a chief executive of a unit of the public sector. 21 "consideration" includes-- 22 (a) discussion, deliberation, noting (with or without discussion) or 23 decision; and 24 (b) consideration for any purpose, including, for example, for 25 information or to make a decision. 26 "draft" includes a preliminary or working draft. 27 "official record", of Executive Council, includes an official record of 28 matters submitted to Executive Council. 29 "submit" matter to Executive Council includes bring the matter to 30 Executive Council, irrespective of the purpose of submitting the matter 31

 


 

s4 7 s4 Freedom of Information Amendment to Executive Council, the nature of the matter or the way in which 1 Executive Council deals with the matter.'. 2 of new pt 7 3 Insertion Clause 4. After section 109-- 4 insert-- 5 `PART 7--TRANSITIONAL PROVISIONS 6 of amendments made by Freedom of Information 7 `Application Amendment Act 1995 to earlier applications 8 `110.(1) The amendments made by the Freedom of Information 9 Amendment Act 1995 (the "amending Act") apply to an application made 10 under this Act before the commencement of the amending Act. 11 `(2) Without limiting subsection (1), in deciding the application of the 12 amendments made by the amending Act, the Acts Interpretation Act 1954, 13 section 20 does not apply to an application made under this Act before the 14 commencement of the amending Act. 15 `(3) This section does not apply to the amendment of section 42 made by 16 the amending Act.2 17 `(4) This section is a law to which the Acts Interpretation Act 1954, 18 section 20A applies. 19 `(5) In this section-- 20 "application" includes an application for review under section 52, 73 or 21 84. 22 of part 23 `Expiry `111. This part expires 1 year after it commences.'. 24 2 Section 42 (Matter relating to law enforcement or public safety)

 


 

8 Freedom of Information Amendment CHEDULE 1 S CONSEQUENTIAL AND MINOR AMENDMENTS OF 2 FREEDOM OF INFORMATION ACT 1992 3 section 2 of the Act 4 1. Section 7, definitions "document" and "GOC"-- 5 omit. 6 2. Section 7-- 7 insert-- 8 ` "document" includes-- 9 (a) a copy of a document; and 10 (b) a part of, or extract from, a document; and 11 (c) a copy of a part of, or extract from, a document.'. 12 3. Section 35(2)-- 13 omit, insert-- 14 `(2) If an application relates to a document that includes exempt matter 15 under section 36, 37 or 42, the agency or Minister concerned may give 16 written notice to the applicant-- 17 (a) that the agency or Minister neither confirms nor denies the 18 existence of that type of document as a document of the agency or 19 an official document of the Minister; but 20 (b) that, assuming the existence of the document, it would be an 21 exempt document.'. 22

 


 

9 Freedom of Information Amendment SCHEDULE (continued) 4. Section 42(3)-- 1 omit, insert-- 2 `(3) A certificate signed by the Minister stating that a specified matter 3 would, if it existed, be exempt matter mentioned in subsection (1), but not 4 matter mentioned in subsection (2), establishes, subject to part 5, that, if the 5 matter exists, it is exempt matter under this section.'. 6 7 State of Queensland 1995

 


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