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Australian Information Commissioner Bill 2010

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2008-2009-2010

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

HOUSE OF REPRESENTATIVES

 

INFORMATION COMMISSIONER BILL 2009

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

Amendments and New Clauses to be Moved on Behalf of the Government

 

(Circulated by authority of the Cabinet Secretary,

Senator the Hon Joe Ludwig)

 

 

Amendments (1) to (16), (18) to (21)  [Australian Information Commissioner]

The new statutory position of Information Commissioner would be called the Australian Information Commissioner to distinguish the Commonwealth position from the several state and territory information commissioners.  Similar amendments are proposed for the Freedom of Information Amendment (Reform) Bill 2009.

 

Amendment (1) renames the short title of the Bill the ‘Australian Information Commissioner Bill’.  Amendment (3) has the effect that the term ‘Information Commissioner’ in any Act means the person appointed as the ‘Australian Information Commissioner’ under clause 14 of the Bill.

 

Amendment (17)  [disclosure of interests by Information Advisory Committee members]

This amendment inserts new clause 27A which requires members of the Information Advisory Committee (IAC) to disclose interests (pecuniary or otherwise) that could conflict with their membership of the IAC.  The amendment is proposed in response to comments made by the Senate Standing Committee for the Scrutiny of Bills in its Alert Digest No. 1 of 2010 .  IAC members will be required to disclose interests to the Minister generally and to IAC meetings where the member has an interest in a matter to be considered by the IAC.  The disclosure requirements do not apply to the Information Commissioner, who is already required to disclose conflicting (or potentially conflicting) interests to the Minister under clause 22 of the Bill.