AUSTRALIAN INFORMATION COMMISSIONER ACT 2010 - NOTES

AUSTRALIAN INFORMATION COMMISSIONER ACT 2010 - NOTES

No. 52, 2010

Compilation No. 7

Compilation date: 13 December 2022

Includes amendments up to: Act No. 83, 2022

Registered: 6 January 2023

About this compilation

This compilation

This is a compilation of the Australian Information Commissioner Act 2010 that shows the text of the law as amended and in force on 13 December 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1--Preliminary

1 Short title

2 Commencement

3 Definitions

3A Meaning of Information Commissioner in any Act

Part 2--Office of the Australian Information Commissioner

Division 1--Introduction

4 Guide to this Part

Division 2--Establishment

5 Establishment

6 Definition of information officers

Division 3--Functions and powers of the information officers

7 Definition of information commissioner functions

8 Definition of freedom of information functions

9 Definition of privacy functions

10 Functions and powers of the Information Commissioner

11 Functions and powers of the Freedom of Information Commissioner

12 Functions and powers of the Privacy Commissioner

Part 3--Appointments and staffing for the Office of the Australian Information Commissioner

Division 1--Introduction

13 Guide to this Part

Division 2--The information officers

14 Appointment

15 General terms and conditions of appointment

16 Restriction on outside employment

17 Remuneration

18 Leave of absence

19 Resignation

20 Termination of appointment

21 Acting appointments

22 Disclosure of interests

Division 3--Staff, consultants and delegations

23 Staff

24 Consultants

25 Delegation by the Information Commissioner

Part 4--Information Advisory Committee

26 Guide to this Part

27 Establishment and functions

27A Disclosure of interests

Part 5--Miscellaneous

28 Guide to this Part

29 Unauthorised dealing with information

30 Annual report

31 Definition of the freedom of information matters

32 Definition of the privacy matters

32A Definition of the consumer data right matters

33 Review of operation of Act

34 Privileges and immunities of the Crown

35 Information officer etc. not to be sued

36 Regulations

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section  15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history