" ACT Minister means a Minister within the meaning of the Australian Capital Territory (Self-Government) Act 1988 ;".

After subsection 6(1A):

Insert the following subsection:

"(1B) The definition o f ACT agency in subsection (1) has the same effect as if the Freedom of Information Act 1989 of the Australian Capital Territory made the same provision in relation to an agency as subsection 4(2) of that Act makes in relation to a prescribed authority.

Subparagraph 7(1)(a)(ii):

Omit the subparagraph, substitute:

"(ii) a federal court or a court of th e Australian Capital Territory;".

After subparagraph 7(1)(a)(iii):

Insert the following subparagraph:

"(iiia) an ACT agency;".

Paragraph 7(1)(b):

Omit "federal court or by", substitute "federal court, a court of the Australian Capital Territory or".

After paragraph 7(1)(c):

Insert the following paragraph:

"(ca) an act done, or a practice engaged in, as the case may be, by an ACT agency, other than an act done, or a practice engaged in, in relation to:

(i)

a section 5 document; or

(ii)

a document in relation to which, by virtue of section 6 of the Freedom of Information Act 1989 of the Australian Capital Territory, the agency is exempt from the operation of that Act;".

Section 7:

Add at the end the following subsection:

"(5) A document is a section 5 document for the purposes of paragraph (1)(ca) if:

(a)

it is a document of a tribunal, authority or body identified in regulations made for the purposes of section 5 of the Freedom of Information Act 1989 of the Australian Capital Territory; and

(b)

the document does not relate to matters of an administrative nature.".

After section 15:

Insert the following section:

15A. Special provision relating to the application of the Information Privacy Principles in relation to the ACT

(1)

In relation to a record-keeper that is an ACT agency or a court of the Australian Capital Territory, a reference in Information Privacy Principle 5 or 6 to any law of the Commonwealth that provides for access by persons to documents is to be read as a reference to any law of the Australian Capital Territory that provides for access by persons to documents.

(2)

In relation to a record-keeper that is an ACT agency or a court of the Australian Capital Territory, the reference in Information Privacy Principle 7 to a law of the Commonwealth that provides a right to require the correction or amendment of documents is to be read as a reference to a law of the Australian Capital Territory that provides such a right.

(3)

For the purposes of the application of Information Privacy Principle 7 in relation to a record-keeper that is an ACT agency or a court of the Australian Capital Territory, the reference in that Principle to the applicable provisions of a law of the Commonwealth is to be read as a reference to the applicable provisions of a law of the Australian Capital Territory.".

Paragraph 27(1)(b):

After "Minister" insert "or an ACT Minister".

Paragraph 27(1)(f):

After "Minister" insert ", to an ACT Minister".

Paragraph 27(1)(k):

After "Minister" insert "or an ACT Minister".

Paragraph 30(3)(d):

Omit "the Minister (if any)", substitute "any Minister or ACT Minister".

Subsection 30(4):

Omit "the Minister (if any)", substitute any Minister or ACT Minister".

After section 33:

Insert the following section in Division 3 of Part IV:

33A Copies of certain reports to be given to ACT Attorney-General

(1)

If:

(a)

the Commissioner gives a report to the Minister under section 30, 31 or 32; and

(b)

the report relates to an ACT matter;

the Commissioner must, at the same time, give a copy of the report to the Attorney-General of the Australian Capital Territory.

(2)

A report relates to an ACT matter if:

(a)

in the case of a report under section 30, the report relates to an act or practice of an ACT agency or of a court of the Australian Capital Territory; or

(b)

in the case of a report under section 31, the report relates to a proposed ACT enactment; or

(c)

in the case of a report under section 32, the report relates to an activity or audit of an ACT agency or of a court of the Australian Capital Territory.".

Subsection 34(2):

After "Minister" (wherever occurring) insert "or an ACT Minister".

After section 35:

Insert the following section in Division 4 of Part IV:

35A Special provision relating to the application of sections 34 and 35 in relation to the ACT

(1)

In this section, ACT Freedom of Information Act means the Freedom of Information Act 1989 of the Australian Capital Territory.

(2)

For the purposes of the application of sections 34 and 35 in relation to an ACT agency, a court of the Australian Capital Territory or a document of such an agency or court:

(a)

a reference in either of those sections to the Freedom of Information Act 1982 is to be read as a reference to the ACT Freedom of Information Act; and

(b)

a reference in either of those sections to a provision of the Freedom of Information Act 1982 is to be read as a reference to the corresponding provision of the ACT Freedom of Information Act; and

(c)

a reference in either of those sections to an authority or body is to be read as a reference to the authority or body having similar functions under the corresponding provision of the ACT Freedom of Information Act..

Section 37:

(a) Insert after "federal" court in Column 1 of Item 4 in the table "or a court of the Australian Capital Territory".
(b) Add at the end the following subsection:

"(2) For the purposes of this Part, the principal executive of an ACT agency that is an unincorporated body is the chief executive officer (however described) of the agency.".

Paragraph 41(1)(e):

After "Commonwealth enactment" insert "or an ACT enactment".

Paragraph 41(1)(f):

After "Commonwealth enactment" insert "or an ACT enactment".

Section 41:

Add at the end the following subsection:

"(5) If:

(a)

the Commissioner decides not to investigate, or not to investigate further, an act or practice on the ground set out in paragraph (1(e) or (f); and

(b)

the ground relates to an ACT enactment;

the following provisions apply:

(c)

the Commissioner must transfer any complaint about the act or practice to the person or body authorised to deal with the complaint under that enactment;

(d)

the Commissioner must give notice in writing to the complainant stating that the complaint has been so transferred;

(e)

the Commissioner must give to the person or body referred to in paragraph

(c)

any information or documents that relate to the complaint and are in the possession, or under the control, of the Commissioner;

(f)

a complaint transferred under paragraph (c) is to be taken to be an application under the ACT enactment concerned.

Subsection 43(7):

Omit "the responsible Minister" (if any), substitute "any responsible Minister or ACT Minister".

Subsection 43(8):

After "Minister" insert "or ACT Minister".

Subsection 43(9):

After "Minister" insert "or ACT Minister".

Section 51:

Add at the end the following subsection:

"(2) A reference in subsection (1) to the Auditor-General is a reference to:

(a)

the Auditor-General of the Commonwealth; or

(b)

the Auditor-General within the meaning of the Audit Act 1989 of the Australian Capital Territory.".

After subsection 60(2):

Insert the following subsection:

"(2A) If a determination relates to an ACT agency or a court of the Australian Capital Territory, the reference in subsection (2) to the Commonwealth is to be read as a reference to the Australian Capital Territory.".

Subsection 68(1):

Omit "the Attorney-General has furnished a certificate under subsection 70(1) or (2)", substitute "a certificate has been furnished under subsection 70(1), (2) or (3)".

Section 70:

Add at the end the following subsection:

"(3) If the Attorney-General of the Australian Capital Territory furnishes to the Commissioner a certificate certifying that the giving to the Commissioner of information concerning a specified matter (including the giving of information in answer to a question), or the production to the Commissioner of a specified document or other record, would be contrary to the public interest because it would:

(a)

involve the disclosure of communications between an ACT Minister and a Minister of the Commonwealth or of a State, being a disclosure that would prejudice relations between the Government of the Australian Capital Territory and the Government of the Commonwealth or of a State; or

(b)

involve the disclosure of deliberations or decisions of the Cabinet of the Australian Capital Territory or of a committee of the Cabinet; or

(c)

involve the disclosure of deliberations or decisions of the Australian Capital Territory Executive or of a committee of that Executive; or

(d)

prejudice the conduct of an investigation or inquiry into crime or criminal activity that is currently being pursued, or prejudice the fair trial of any person; or

(e)

disclose, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to the enforcement of the criminal law; or

(f)

prejudice the effectiveness of the operational methods or investigative practices or techniques of agencies responsible for the enforcement of the criminal law; or

(g)

endanger the life or physical safety of any person;

the Commissioner is not entitled to require a person to give any information concerning the matter or to produce the document or other record.".

Section 74:

Add at the end the following subsection:

"(3) For the purposes of its application in relation to an ACT agency or a court of the Australian Capital Territory, subsection (2) has effect as if the reference in that subsection to Part IV of the Freedom of Information Act 1982 were a reference to Part IV of the Freedom of Information Act 1989 of the Australian Capital Territory.".