Australian Capital Territory Consolidated Acts

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PUBLIC INTEREST DISCLOSURE ACT 1994 - NOTES

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended

ord = ordinance

amdt = amendment

orig = original

ch = chapter

par = paragraph/subparagraph

cl = clause

pres = present

def = definition

prev = previous

dict = dictionary

(prev...) = previously

disallowed = disallowed by the Legislative

pt = part

Assembly

r = rule/subrule

div = division

reg = regulation/subregulation

exp = expires/expired

renum = renumbered

Gaz = Gazette

reloc = relocated

hdg = heading

R[X] = Republication No

IA = Interpretation Act 1967

RI = reissue

ins = inserted/added

s = section/subsection

LA = Legislation Act 2001

sch = schedule

LR = legislation register

sdiv = subdivision

LRA = Legislation (Republication) Act 1996

sub = substituted

mod = modified/modification

SL = Subordinate Law

o = order

underlining = whole or part not commenced

om = omitted/repealed

or to be expired

3     Legislation history

Public Interest Disclosure Act 1994 No 108

notified 22 December 1994 (Gaz 1994 No S289)

s 1, s 2 commenced 22 December 1994 (s 2 (1))

remainder commenced 21 June 1995 (s 2 (2) and Gaz 1995 No S126)

as amended by

Betting (Corporatisation) (Consequential Amendments) Act 1996 No 33 sch 1

notified 1 July 1996 (Gaz 1996 No S130)

commenced 1 July 1996 (s 2 (1))

Public Interest Disclosure (Amendment) Act 1997 No 1

notified 3 March 1997 (Gaz 1997 No S50)

commenced 3 March 1997 (s 2)

Statute Law Revision (Penalties) Act 1998 No 54 sch

notified 27 November 1998 (Gaz 1998 No S207)

s 1, s 2 commenced 27 November 1998 (s 2 (1))

sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)

Legislation (Consequential Amendments) Act 2001 No 44 pt 313

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 313 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Legislation Amendment Act 2002 No 11 pt 2.39

notified LR 27 May 2002

s 1, s 2 commenced 27 May 2002 (LA s 75)

pt 2.39 commenced 28 May 2002 (s 2 (1))

Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.27

notified LR 19 March 2004

s 1, s 2 commenced 19 March 2004 (LA s 75 (1))

sch 1 pt 1.27 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)

Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.75

notified LR 26 March 2004

s 1, s 2 commenced 26 March 2004 (LA s 75 (1))

sch 2 pt 2.75 commenced 9 April 2004 (s 2 (1))

4     Amendment history

Commencement
s 2     om 2001 No 44 amdt 1.3451

Definitions for Act
s 3     am 1996 No 33 sch 1; 2001 No 44 amdt 1.3452, amdt 1.3453
    def employee ins 1997 No 1 s 4
    def government agency sub 1996 No 33 sch 1
    def public official am 1997 No 1 s 4
    def Territory instrumentality sub 1996 No 33 sch 1

Declaration of Territory instrumentalities
s 3A     ins 2001 No 44 amdt 1.3454

Criminal liability of government entities
s 7     sub 2002 No 11 amdt 2.79

Proper authorities
s 9     am 1997 No 1 s 5

Procedures
s 10     am 1997 No 1 s 6

Report on disclosures
s 11     am 1997 No 1 s 7; A2004-9 amdt 1.36

Government agency
div 2.1 hdg     (prev pt 2 div 1 hdg) renum R2 LA

The ombudsman and auditor-general
div 2.2 hdg     (prev pt 2 div 2 hdg) sub 1997 No 1 s 8
    renum R2 LA

Application of Ombudsman Act 1989
s 12     am 1997 No 1 s 9

Proper authorities
s 13     am 1997 No 1 s 10

Intervention by ombudsman or auditor-general
s 14     am 1997 No 1 s 11

Frivolous etc disclosures
s 17     am 1997 No 1 s 12

Referral without investigation
s 18     am 1997 No 1 s 13

Investigation by proper authority
s 19     am 1997 No 1 s 14

Referral with investigation
s 20     am 1997 No 1 s 15

Action by proper authority
s 22     am 1997 No 1 s 16

Unlawful reprisals—general
div 4.1 hdg     (prev pt 4 div 1 hdg) renum R2 LA

Offence
s 25     am 1998 No 54 sch

Relocation powers
s 27     am 1997 No 1 s 17

Consent to relocation
s 28     sub 1997 No 1 s 18

Civil claims
div 4.2 hdg     (prev pt 4 div 2 hdg) renum R2 LA

Confidentiality
s 33     am 1998 No 54 sch; 2001 No 44 amdt 1.3455, amdt 1.3456

False or misleading information
s 34     am 1998 No 54 sch
    om A2004-15 amdt 2.154

Corporations—penalties
s 37     om 1998 No 54 sch

Regulation-making power
s 38     sub 2001 No 44 amdt 1.3457

Amendment of Ombudsman Act 1989
s 39     om 2001 No 44 amdt 1.3458

Amendment of Public Sector Management Act 1994
s 40     om 2001 No 44 amdt 1.3458

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Except for the footer, electronic and printed versions of an authorised republication are identical.

Republication No

Amendments to

Republication date

1

Act 1997 No 1

31 January 1998

2

Act 2001 No 44

12 March 2002

3

A2002-11

29 May 2002

4

A2004-15

9 April 2004
















© Australian Capital Territory 2004

1994-10800.jpg
Australian Capital Territory

A1994-108

Republication No 5

Effective: 13 April 2004

Republication date: 13 April 2004

Last amendment made by A2004-15
(republication for amendments by A2004-9)





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Public Interest Disclosure Act 1994 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 13 April 2004. It also includes any amendment, repeal or expiry affecting the republished law to 13 April 2004.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

1994-10800.jpg
Australian Capital Territory

Public Interest Disclosure Act 1994


Endnotes


1994-10800.jpg
Australian Capital Territory

Public Interest Disclosure Act 1994