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Parliamentary Service Amendment (Freedom of Information) Bill 2013

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REVISED 2

7391

2010-2011-2012-2013

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Parliamentary Service Amendment (Freedom of Information) Bill 2013

 

 

(1)           Schedule 1, page 3 (lines 1 to 26), omit Schedule 1, substitute:

Schedule 1—Amendments

Freedom of Information Act 1982

1  After section 6A

Insert:

6B   Department of the House of Representatives, Department of the Senate and Department of Parliamentary Services

             (1)  This Act does not apply to any request for access to a document of the Department of the House of Representatives, the Department of the Senate or the Department of Parliamentary Services unless the document relates to matters of an administrative nature.

             (2)  For the avoidance of doubt, the reference to a document of an administrative nature in subsection (1) includes a document to the extent that is:

                     (a)  statistical information about the activities of the Department; or

                     (b)  information about the expenditure of public moneys; or

                     (c)  information about payments to a Senator or member of the House of Representatives; or

                     (d)  information about services and facilities provided to a Senator or member of the House of Representatives; or

                     (e)  information about assets, resources, support systems and other administrative matters of the Department.

             (3)  For the avoidance of doubt, the reference to a document of an administrative nature in subsection (1) does not include a document to the extent that it is:

                     (a)  research or advice provided to a Senator or member of the House of Representatives; or

                     (b)  information held on behalf of a Senator or member of the House of Representatives; or

                     (c)  information about how a Senator or member of the House of Representatives performs their role as a Senator or member of the House of Representatives; or

                     (d)  any advice provided to a Senator or member of the House of Representatives; or

                     (e)  information that is otherwise subject to parliamentary privilege.

             (4)  For the avoidance of doubt, nothing in this section limits or infringes the powers, privileges and immunities of the Houses of the Parliament.

[freedom of information]

(2)           Schedule 1, page 3 (lines 1 to 26), omit Schedule 1, substitute:

Schedule 1—Amendments

Freedom of Information Act 1982

6B   Department of the House of Representatives, Department of the Senate and Department of Parliamentary Services

1  After section 6A

Insert:

             (1)  This Act does not apply to any request for access to a document of the Department of the House of Representatives, the Department of the Senate or the Department of Parliamentary Services unless the document relates to matters of an administrative nature.

             (2)  For the avoidance of doubt, the reference to a document of an administrative nature in subsection (1) does not include research or advice provided to a Senator or a member of the House of Representatives by the Parliamentary Library.

             (3)  For the avoidance of doubt, nothing in this section limits or infringes the powers, privileges and immunities of the Houses of the Parliament.

[freedom of information]

(3)           Page 3 (after line 26), at the end of the Bill, add:

Schedule 2—Further amendments

Parliamentary Allowances Act 1952

1  Section 4

Omit “There are payable”, substitute “(1)  Subject to subsection (2), there are payable”.

2  At the end of section 4

Add:

             (2)  A member is only entitled to allowances if:

                     (a)  the member includes a link to the Department of Finance and Deregulation website in their biographical details on the Australian Parliament website; and

                     (b)  the link directs the user to the individual expenditure report of that member.

Note:          In 2013, the Australian Parliament website is located at www.aph.gov.au .

[freedom of information]

(4)           Title, page 1 (lines 1 and 2), omit “ amend the Parliamentary Service Act 1999 ”, substitute “ amend the Freedom of Information Act 1982 ”.

[long title]

(5)           Clause 1, page 1 (lines 4 to 6), omit the clause, substitute:

1  Short title

                   This Act may be cited as the Freedom of Information Amendment (Application to Parliamentary Service) Act 2013 .

[short title]

(6)           Title, page 1 (lines 1 and 2), omit “ amend the Parliamentary Service Act 1999 ”, substitute “ amend the Freedom of Information Act 1982 and the Parliamentary Allowances Act 1952 ”.

[long title]

(7)           Clause 1, page 1 (lines 4 to 6), omit the clause, substitute:

1  Short title

                   This Act may be cited as the Freedom of Information Amendment (Application to Parliamentary Service and Other Measures) Act 2013 .

[short title]

(8)           Title, page 1 (lines 1 and 2), omit “ amend the Parliamentary Service Act 1999 ”, substitute “ amend the Parliamentary Service Act 1999 and the Parliamentary Allowances Act 1952 ”.

[long title]

(9)           Clause 1, page 1 (lines 4 to 6), omit the clause, substitute:

1  Short title

                   This Act may be cited as the Parliamentary Service Amendment (Freedom of Information and Other Measures) Act 2013 .

[short title]