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Freedom of Information Amendment (Open Government) Bill 2003 [2008]

2002-2003

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Freedom of Information Amendment (Open Government) Bill 2003

 

No.      , 2003

 

(Senator Murray)

 

 

 

A Bill for an Act to amend the Freedom of Information Act 1982 to give effect to recommendations made by the Australian Law Reform Commission and the Administrative Review Council, and for related purposes

   

   



Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedule(s)......................................................................................... 3

Schedule 1—Amendment of Freedom of Information legislation             4

Freedom of Information Act 1982                                                                             4

Freedom of Information (Fees and Charges) Regulations                                 28

 



A Bill for an Act to amend the Freedom of Information Act 1982 to give effect to recommendations made by the Australian Law Reform Commission and the Administrative Review Council, and for related purposes

The Parliament of Australia enacts:

1   Short title

                   This Act may be cited as the Freedom of Information Amendment (Open Government) Act 2003 .

2   Commencement

             (1)  Subject to this section, this Act commences on the day on which it receives the Royal Assent.

             (2)  Items 10, 11, 12, 23, 24, 26, 31, 40 and 41 of Schedule 1 commence on the third anniversary of the day on which this Act receives the Royal Assent.

             (3)  Items 76, 77, 78, 79, 81, 83, 85, 86, 88, 89, 92, 93, 94 and 96 of Schedule 1 commence on the first anniversary of the day on which this Act receives the Royal Assent unless subsection (4) or (5) applies.

             (4)  If, before the day mentioned in subsection (3):

                     (a)  the Attorney-General is satisfied that an agency mentioned in item 76, 77, 78, and 79 of Schedule 1 should continue to be an exempt agency for the purposes of the Freedom of Information Act 1982 ; and

                     (b)  the Attorney-General has caused to be laid before each House of the Parliament a statement setting out the reasons why the Attorney-General is satisfied that an agency should continue to be an exempt agency; and

                     (c)  neither House, by resolution agreed to not more than 15 sitting days of that House after the statement is tabled, disapproves of the statement;

the item mentioning that agency never commences.

             (5)  If, before the day mentioned in subsection (3):

                     (a)  the Attorney-General is satisfied that an agency mentioned in item 81, 83, 85, 86, 88, 89, 92, 93, 94 or 96 of Schedule 1 in respect of particular documents should continue to be an exempt agency in respect of those documents for the purposes of the Freedom of Information Act 1982 ; and

                     (b)  the Attorney-General has caused to be laid before each House of the Parliament a statement setting out the reasons why the Attorney-General is satisfied that an agency should continue to be an exempt agency in respect of particular documents; and

                     (c)  neither House, by resolution agreed to not more than 15 sitting days of that House after the statement is tabled, disapproves of the statement;

the item mentioning the agency never commences.

             (6)  Nothing in this section prevents the Attorney-General from tabling a revised statement under paragraph (3)(b) or (4)(b) if either House of the Parliament, by resolution, disapproves of an earlier statement.

3   Schedule(s)

                   Subject to section 2, each Act, and each set of regulations, that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.