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Quarantine Amendment (Commission of Inquiry) Bill 2007

Schedule 2 Other amendments

   

Archives Act 1983

1  Subsection 3(1)

Insert:

Commission of inquiry has the same meaning as it has in the Quarantine Act 1908 .

2  Subsection 22(1)

Repeal the subsection, substitute:

             (1)  This section applies to:

                     (a)  the records kept by a Royal Commission, whether the inquiry commenced or was completed before or after the commencement of this Part; and

                     (b)  the records kept by the Commission of inquiry.

Note:       The heading to section 22 is altered by adding at the end “ etc. ”.

3  Subsections 22(2) and (4)

After “Royal Commission”, insert “, or by the Commission of inquiry,”.

4  Subsection 22(5)

Repeal the subsection, substitute:

             (5)  For the purposes of this Act:

                     (a)  the Minister administering the Royal Commissions Act 1902 is taken to be the responsible Minister in relation to the records of a Royal Commission; and

                     (b)  the Minister administering the Quarantine Act 1908 is taken to be the responsible Minister in relation to the records of the Commission of inquiry.

Freedom of Information Act 1982

5  Subsection 4(1)

Insert:

Commission of inquiry has the same meaning as it has in the Quarantine Act 1908 .

6  Subsection 4(1) (at the end of subparagraphs (a)(i) to (iv) of the definition of prescribed authority )

Add “or”.

7  Subsection 4(1) (at the end of paragraph (a) of the definition of prescribed authority )

Add:

                     ; or (vii)  the Commission of inquiry;

8  Subsection 13(3)

Repeal the subsection, substitute:

             (3)  Despite subsections (1) and (2):

                     (a)  records of a Royal Commission that are in the custody of the Australian Archives are, for the purposes of this Act, taken to be documents of an agency and to be in the possession of the Department administered by the Minister administering the Royal Commissions Act 1902 ; and

                     (b)  records of the Commission of inquiry that are in the custody of the Australian Archives are, for the purposes of this Act, taken to be documents of an agency and to be in the possession of the Department administered by the Minister administering the Quarantine Act 1908 .

Privacy Act 1988

9  Subsection 6(1)

Insert:

Commission of inquiry has the same meaning as it has in the Quarantine Act 1908 .

10  At the end of paragraph 7(1)(a)

Add:

                            (vi)  the Commission of inquiry; or