Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 3 of 1982 as amended
This compilation was prepared on
19
October 2009
taking into account amendments up to Act No. 102 of 2009
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of
amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and
Publishing,
Attorney‑General's Department, Canberra
Contents
Part I--Preliminary 1
1............ Short title [see Note 1] ....................................................................... 1
2............ Commencement [see Note 1] .............................................................. 1
3............ Object ................................................................................................. 1
4............ Interpretation ...................................................................................... 2
4A......... Certain legislation relating to Australian Capital Territory not to be enactment 10
5............ Act to apply to courts in respect of administrative matters ............ 10
6............ Act to apply to certain tribunals in respect of administrative matters 11
6A......... Official Secretary to the Governor‑General ...................................... 11
6B......... Eligible case managers ....................................................................... 12
7............ Exemption of certain persons and bodies ......................................... 12
Part II--Publication of certain documents and information 14
8............ Publication of information concerning functions and documents of agencies 14
9............ Certain documents to be available for inspection and purchase ....... 15
10.......... Unpublished documents not to prejudice public .............................. 19
Part III--Access to documents 20
11.......... Right of access .................................................................................. 20
12.......... Part not to apply to certain documents ............................................ 20
13.......... Documents in certain institutions ..................................................... 21
14.......... Access to documents apart from Act ............................................... 22
15.......... Requests for access ........................................................................... 22
15A....... Request for access to personnel records ........................................... 24
16.......... Transfer of requests .......................................................................... 24
17.......... Requests involving use of computers etc. ........................................ 26
18.......... Access to documents to be given on request .................................... 27
20.......... Forms of access ................................................................................ 27
21.......... Deferment of access .......................................................................... 28
22.......... Deletion of exempt matter or irrelevant material .............................. 29
23.......... Decisions to be made by authorised persons ................................... 30
24.......... Requests may be refused in certain cases ......................................... 30
24A....... Requests may be refused if documents cannot be found or do not exist 33
25.......... Information as to existence of certain documents ............................. 33
26.......... Reasons and other particulars of decisions to be given .................... 33
26A....... Procedure on request in respect of documents likely to affect Commonwealth‑State relations 34
27.......... Procedure on request in respect of documents relating to business affairs etc. 35
27A....... Procedure on request in respect of documents containing personal information 37
28.......... Information Access Offices .............................................................. 38
29.......... Charges ............................................................................................. 39
30A....... Remission of application fees ........................................................... 42
31.......... Certain periods to be disregarded for the purposes of processing requests 43
Part IV--Exempt documents 46
32.......... Interpretation .................................................................................... 46
33.......... Documents affecting national security, defence or international relations 46
33A....... Documents affecting relations with States ....................................... 46
34.......... Cabinet documents ........................................................................... 47
35.......... Executive Council documents ........................................................... 48
36.......... Internal working documents ............................................................. 48
37.......... Documents affecting enforcement of law and protection of public safety 49
38.......... Documents to which secrecy provisions of enactments apply ........ 50
39.......... Documents affecting financial or property interests of the Commonwealth 51
40.......... Documents concerning certain operations of agencies ...................... 51
41.......... Documents affecting personal privacy ............................................. 52
42.......... Documents subject to legal professional privilege ............................ 54
43.......... Documents relating to business affairs etc. ...................................... 54
43A....... Documents relating to research ......................................................... 55
44.......... Documents affecting national economy ............................................ 55
45.......... Documents containing material obtained in confidence .................... 56
46.......... Documents disclosure of which would be contempt of Parliament or contempt of court 57
47.......... Certain documents arising out of companies and securities legislation 57
47A....... Electoral rolls and related documents ............................................... 58
Part V--Amendment and annotation of personal records 60
48.......... Application for amendment or annotation of personal records ........ 60
49.......... Requirements of an application for amendment ............................... 60
50.......... Amendment of records ..................................................................... 61
51.......... Annotations of records etc. following unsuccessful applications for amendments of records 62
51A....... Requirements of an application for annotation ................................ 62
51B....... Annotation of records ....................................................................... 63
51C....... Transfer of requests .......................................................................... 63
51D....... Notification etc. of a decision under this Part .................................. 65
51E........ Comments on annotations ................................................................ 66
Part VI--Review of decisions 67
53.......... Interpretation .................................................................................... 67
54.......... Internal review .................................................................................. 67
55.......... Applications to Administrative Appeals Tribunal .......................... 70
56.......... Application to Tribunal where decision delayed .............................. 72
57.......... Complaints to Ombudsman .............................................................. 74
58.......... Powers of Tribunal ........................................................................... 76
58B....... Constitution of Tribunal for proceedings about certain exempt documents 77
58D....... Modification of section 42 of the Administrative Appeals Tribunal Act 1975 78
58E........ Production to the Tribunal of certain exempt documents ................ 78
58F........ Review of certain decisions in respect of documents relating to the Government of a State 79
59.......... Review of certain decisions in respect of documents relating to business affairs etc. 80
59A....... Review of certain decisions in respect of documents containing personal information 81
60.......... Parties ............................................................................................... 83
60A....... Inspector‑General of Intelligence and Security must be requested to give evidence in certain proceedings 83
61.......... Onus ................................................................................................. 86
62.......... Application of section 28 of Administrative Appeals Tribunal Act etc. 86
63.......... Tribunal to ensure non‑disclosure of certain matters ....................... 86
64.......... Production of exempt documents ..................................................... 87
66.......... Tribunal may make recommendation that costs be available in certain circumstances 90
67.......... Automatic stay of certain decisions on appeal ................................. 90
Part VIII--Miscellaneous 92
91.......... Protection against certain actions ..................................................... 92
92.......... Protection in respect of offences ...................................................... 94
92A....... Notices etc. may be given by post ................................................... 95
93.......... Reports to Parliament ....................................................................... 95
94.......... Regulations ....................................................................................... 97
Schedule 1--Courts and tribunals exempt in respect of non‑administrative matters 99
Schedule 2 100
Part I--Exempt agencies 100
Division 1 100
Division 2 101
Part II--Agencies exempt in respect of particular documents 102
Division 1 102
Division 2 105
Part III--Legislation relating to agencies exempt in respect of documents in relation to their commercial activities 106
Schedule 3--Secrecy provisions 107
Schedule 4--Research institutions 109
Notes 111
Notes to
the
Freedom of Information Act 1982 Note 1 The Freedom of Information Act 1982 as shown in
this compilation comprises Act No. 3, 1982 amended as indicated in the
Tables below. The Freedom of Information Act 1982 was amended by
the Workplace Relations Amendment (Work Choices) (Consequential Amendments)
Regulations 2006 (No. 1) (SLI 2006 No. 50). The amendment is
incorporated in this compilation. The Freedom of Information Act 1982 was modified by
the A.C.T. Self-Government (Consequential Provisions) Regulations (1989 No. 3
as amended) see Table B. All other relevant information pertaining to application,
saving or transitional provisions prior to 15 July 2003 is not included in this
compilation. For subsequent
information see Table A. Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
3, 1982 |
9 Mar 1982 |
1 Dec 1982 (see Gazette 1982, No. G48, p. 2) |
|
|
|
Australian Broadcasting Corporation (Transitional Provisions and Consequential Amendments) Act 1983 |
7, 1983 |
1 June 1983 |
Ss. 1, 2, 15(1) and 24: Royal Assent |
-- |
|
81, 1983 |
3 Nov 1983 |
1 Jan 1984 (see Gazette 1983, No. S344) |
||
|
63, 1984 |
25 June 1984 |
S. 151(1): 1 July 1984 (see Gazette 1984, No. S245) |
S. 151(9) |
|
|
Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985 |
187, 1985 |
16 Dec 1985 |
Ss. 1-4, 12, 19, 32 and 61: Royal Assent |
-- |
|
Intelligence and Security (Consequential Amendments) Act 1986 |
102, 1986 |
17 Oct 1986 |
-- |
|
|
111, 1986 |
4 Nov 1986 |
18 Nov 1986 |
||
|
6, 1988 |
9 Mar 1988 |
S. 69(2): 30 Apr 1988 (see Gazette 1988, No. S117) (b) |
-- |
|
|
87, 1988 |
8 Nov 1988 |
Ss. 1 and 2: Royal Assent |
-- |
|
|
A.C.T. Self‑Government (Consequential Provisions) Act 1988 |
109, 1988 |
6 Dec 1988 |
S. 32 (in part): 11 May 1989 (see Gazette 1989, No. S164) (c) |
-- |
|
119, 1988 |
14 Dec 1988 |
1 Jan 1989 (see Gazette 1988, No. S399) |
S. 101(2) |
|
|
121, 1988 |
14 Dec 1988 |
Ss. 5, 6, 10, 12, 13, 23(2) and 26(1): 1 Jan 1989 (see Gazette 1988, No. S402) |
-- |
|
|
126, 1988 |
14 Dec 1988 |
Ss. 4, 5, 9-11, 21(2) and 22(1): 1 Jan 1989 (see Gazette 1988, No. S402) |
-- |
|
|
ANL (Conversion into Public Company) Act 1988 |
127, 1988 |
14 Dec 1988 |
S. 11: 1 July 1989 (see Gazette 1989, No. S210) (d) |
-- |
|
OTC (Conversion into Public Company) Act 1988 |
129, 1988 |
14 Dec 1988 |
Ss. 7(2), 8(2), 9, 11-22 and 25: 1 Apr 1989 (see
Gazette 1989, No. S92) |
-- |
|
Snowy Mountains Engineering Corporation (Conversion into Public Company) Act 1989 |
66, 1989 |
19 June 1989 |
Ss. 4, 6(1), 7(1), |
-- |
|
150, 1989 |
27 Nov 1989 |
5 Mar 1990 (see Gazette 1990, No. S48) |
-- |
|
|
26, 1990 |
24 May 1990 |
Ss. 1-3: Royal Assent |
-- |
|
|
75, 1990 |
22 Oct 1990 |
S. 5: Royal Assent (e) |
-- |
|
|
Commonwealth Serum Laboratories (Conversion into Public Company) Act 1990 |
77, 1990 |
22 Oct 1990 |
S. 17: 1 Apr 1991 (see Gazette 1991, No. S75) (f) |
-- |
|
118, 1990 |
28 Dec 1990 |
S. 62: (g) |
-- |
|
|
Telecommunications (Transitional Provisions and Consequential Amendments) Act 1991 |
99, 1991 |
27 June 1991 |
Part 1 (ss. 1, 2): Royal Assent |
-- |
|
137, 1991 |
27 Sept 1991 |
25 Oct 1991 |
||
|
Export Finance and Insurance Corporation (Transitional Provisions and Consequential Amendments) Act 1991 |
149, 1991 |
21 Oct 1991 |
1 Nov 1991 |
-- |
|
180, 1991 |
25 Nov 1991 |
S. 116: 23 Dec 1991 (h) |
-- |
|
|
118, 1992 |
30 Sept 1992 |
28 Oct 1992 |
-- |
|
|
143, 1992 |
7 Dec 1992 |
S. 3: Royal Assent (i) |
-- |
|
|
165, 1992 |
11 Dec 1992 |
S. 4: Royal Assent (j) |
-- |
|
|
196, 1992 |
21 Dec 1992 |
Schedule (Part 1): 10 Mar 1993 (see Gazette 1993, No. GN17) (k) |
||
|
as amended by |
|
|
|
|
|
60, 1993 |
3 Nov 1993 |
10 Mar 1993 |
-- |
|
|
168, 1994 |
16 Dec 1994 |
Schedule (item 17): Royal Assent (l) |
-- |
|
|
219, 1992 |
24 Dec 1992 |
-- |
||
|
Prime Minister and Cabinet (Miscellaneous Provisions) Act 1994 |
33, 1994 |
15 Mar 1994 |
||
|
64, 1994 |
30 May 1994 |
S. 3(3): Royal Assent (o) |
-- |
|
|
84, 1994 |
23 June 1994 |
Ss. 48-70 and |
Ss. 49, 52, 53, 56, 59, 60, 66, 67, 72, 74, 75, 78, 79, 81, 82 and 84 |
|
|
177, 1994 |
19 Dec 1994 |
Ss. 2(2) and |
||
|
181, 1994 |
19 Dec 1994 |
Schedule 1 (items 22-85): 13 Oct 1994 |
Sch. 5 (item 1) |
|
|
161, 1995 |
16 Dec 1995 |
Schedule (item 52): (q) |
-- |
|
|
174, 1995 |
16 Dec 1995 |
S. 4 and Schedule 2:
1 July 1995 |
-- |
|
|
43, 1996 |
25 Oct 1996 |
Schedule 5 (items 62-64): Royal Assent (r) |
-- |
|
|
67, 1997 |
5 June 1997 |
Schedule 2 (item 5): [see (s) and Note 2] |
-- |
|
|
96, 1997 |
30 June 1997 |
Schedule 4 (item 3): 1 Nov 2000 (see Gazette 2000, No. S562) (t) |
-- |
|
|
114, 1997 |
7 July 1997 |
Schedule 5 (item 3): 1 Oct 1997 (see Gazette 1997, No. GN36) (u) |
-- |
|
|
7, 1999 |
31 Mar 1999 |
Schedules 1-3: 1 Sept 1999 (see Gazette 1999, No. S395) |
-- |
|
|
118, 1999 |
22 Sept 1999 |
22 Sept 1999 |
-- |
|
|
Public Employment (Consequential and Transitional) Amendment Act 1999 |
146, 1999 |
11 Nov 1999 |
Schedule 1 (item 493): 5 Dec 1999 (see Gazette 1999, No. S584) (v) |
-- |
|
Australian Security Intelligence Organisation Legislation Amendment Act 1999 |
161, 1999 |
10 Dec 1999 |
Schedule 3 (items 1, 26-28): (w) |
-- |
|
A New Tax System (Indirect Tax and Consequential Amendments) Act 1999 |
176, 1999 |
22 Dec 1999 |
Schedule 8 (item 15): (x) |
-- |
|
194, 1999 |
23 Dec 1999 |
Schedule 15: 23 Dec 1999 (y) |
-- |
|
|
1, 2000 |
29 Feb 2000 |
Schedule 4: 10 Mar 2000 (see Gazette 2000, No. S112) |
-- |
|
|
Broadcasting Services Amendment (Digital Television and Datacasting) Act 2000 |
108, 2000 |
3 Aug 2000 |
Schedule 3 (item 2): 1 Jan 2001 (see Gazette 2000, No. GN50) (z) |
-- |
|
Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000 |
163, 2000 |
21 Dec 2000 |
Schedule 2 (items 1, 2): (za) |
-- |
|
170, 2000 |
21 Dec 2000 |
22 June 2001 (see s. 2) |
-- |
|
|
30, 2001 |
28 Apr 2001 |
Schedule 1 (item 1): (zb) |
-- |
|
|
153, 2001 |
1 Oct 2001 |
29 Oct 2001 (see s. 2) |
-- |
|
|
127, 2002 |
11 Dec 2002 |
Schedule 2 (item 18): Royal Assent |
-- |
|
|
Transport Safety Investigation (Consequential Amendments) Act 2003 |
19, 2003 |
11 Apr 2003 |
Schedule 1 (items 6, 6A, 7): (zc) |
-- |
|
Inspector‑General of Taxation Act 2003 |
28, 2003 |
15 Apr 2003 |
16 Apr 2003 |
-- |
|
Migration Legislation Amendment (Protected Information) Act 2003 |
75, 2003 |
15 July 2003 |
Schedule 1 (items 5A-5D,
6A, 8) and Schedule 2: 16 July 2003 |
Sch. 2 (item 4) [see Table A] |
|
114, 2003 |
27 Nov 2003 |
Schedule 2: 27 Mar 2003 |
-- |
|
|
135, 2003 |
17 Dec 2003 |
Schedule 2 (items 30-32): 17 June 2004 |
-- |
|
|
148, 2003 |
17 Dec 2003 |
Schedules 1 and 2: (zd) |
-- |
|
|
62, 2004 |
26 May 2004 |
Schedule 1 (items 23-37): 27 May 2004 |
-- |
|
|
38, 2005 |
1 Apr 2005 |
Schedule 1 (items 210-217): 16 May 2005 |
Sch. 1 (item 212) [see Table A] |
|
|
Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005 |
45, 2005 |
1 Apr 2005 |
Schedule 1 (item 65): 1 July 2005 (see s. 2(1)) |
-- |
|
111, 2005 |
6 Sept 2005 |
Schedule 2 (items 90, 91, 729): 1 Oct 2005 |
Sch. 2 (item 729) [see Table A] |
|
|
118, 2005 |
23 Sept 2005 |
Schedule 1 (item 47): 24 Nov 2006 (see s. 3(1) and F2006L03997) |
-- |
|
|
Intelligence Services Legislation Amendment Act 2005 |
128, 2005 |
4 Nov 2005 |
Schedules 1-8: 2 Dec 2005 |
-- |
|
Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005 |
129, 2005 |
8 Nov 2005 |
Schedule 9 (items 1,
2): Royal Assent |
Sch. 9 (item 2) [see Table A] |
|
40, 2006 |
3 May 2006 |
Schedule 1 (item 20): 13 June 2006 (see F2006L01623) |
-- |
|
|
National Health and Medical Research Council Amendment Act 2006 |
50, 2006 |
9 June 2006 |
Schedule 1: 1 July 2006 |
-- |
|
Fuel Tax (Consequential and Transitional Provisions) Act 2006 |
73, 2006 |
26 June 2006 |
Schedule 5 (item |
-- |
|
Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006 |
101, 2006 |
14 Sept 2006 |
Schedule 5 (items 113-118) and Schedule 6 (items 5-11): Royal Assent |
Sch. 6 (items |
|
Inspector of Transport Security (Consequential Provisions) Act 2006 |
150, 2006 |
7 Dec 2006 |
Schedule 1: 7 June
2007 (see s. 2(1)) |
-- |
|
Anti‑Money Laundering and Counter‑Terrorism Financing (Transitional Provisions and Consequential Amendments) Act 2006 |
170, 2006 |
12 Dec 2006 |
Schedule 1 (item 148): 13 Dec 2006 (see s. 2(1)) |
-- |
|
8, 2007 |
15 Mar 2007 |
Schedule 3 (items 23, 24): Royal Assent |
-- |
|
|
Classification (Publications, Films and Computer Games) Amendment Act 2007 |
27, 2007 |
15 Mar 2007 |
Schedule 1 (items 14, 15, 22): 1 July 2007 (see F2007L01781) |
Sch. 1 (item 22) [see Table A] |
|
Private Health Insurance (Transitional Provisions and Consequential Amendments) Act 2007 |
32, 2007 |
30 Mar 2007 |
Schedule 2 (item 12): 1 Apr 2007 (see s. 2(1)) |
-- |
|
Tax Laws Amendment (2007 Measures No. 1) Act 2007 |
56, 2007 |
12 Apr 2007 |
12 Apr 2007 |
Sch. 1 (item 5) [see Table A] |
|
Communications Legislation Amendment (Content Services) Act 2007 |
124, 2007 |
20 July 2007 |
Schedule 1 (items 89-94): 20 Jan 2008 |
-- |
|
158, 2007 |
24 Sept 2007 |
24 Sept 2007 |
-- |
|
|
Wheat Export Marketing (Repeal and Consequential Amendments) Act 2008 |
66, 2008 |
30 June 2008 |
Schedule 2 (item 11): 1 July 2008 (see s. 2(1)) |
-- |
|
113, 2008 |
31 Oct 2008 |
1 Nov 2008 |
-- |
|
|
Freedom of Information (Removal of Conclusive Certificates and Other Measures) Act 2009 |
99, 2009 |
6 Oct 2009 |
Schedule 1: 7 Oct 2009 |
Sch. 1 (items 34, 35) [see Table A] |
|
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Act 2009 |
102, 2009 |
8 Oct 2009 |
Schedule 1 (items 62J-62L): 9 Oct 2009 |
-- |
(a) The Freedom of Information Act 1982 was amended by subsection 151(1) and section 154 only of the Public Service Reform Act 1984, subsection 2(4) of which provides as follows:
(4) The remaining provisions of this Act shall come into operation on such day as is, or on such days as are, fixed by Proclamation.
(b) The Freedom of Information Act 1982 was amended by subsection 69(2) only of the Australian Airlines (Conversion to Public Company) Act 1988, subsection 2(2) of which provides as follows:
(2) Sections 15 and 16, subsection 52(2), sections 55, 57 and 60 and subsection 69(2) shall come into operation on a day to be fixed by Proclamation.
(c) The Freedom of Information Act 1982 was amended by section 32 (in part) only of the A.C.T. Self‑Government (Consequential Provisions) Act 1988, subsection 2(3) of which provides as follows:
(3) The remaining provisions of this Act (including the amendments made by Schedule 5) commence on a day or days to be fixed by Proclamation.
(d) The Freedom of Information Act 1982 was amended by section 11 only of the ANL (Conversion into Public Company) Act 1988, subsection 2(3) of which provides as follows:
(3) Section 6, subsection 7(2) and sections 9 and 11 commence on a day to be fixed by Proclamation.
(e) The Freedom of Information Act 1982 was amended by section 5 only of the Defence Legislation Amendment Act 1990, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(f) The Freedom of Information Act 1982 was amended by section 17 only of the Commonwealth Serum Laboratories (Conversion into Public Company) Act 1990, subsection 2(5) of which provides as follows:
(5) Subject to subsection (6), sections 6, 10, 13 and 17 commence on a day to be fixed by Proclamation for the purposes of this subsection.
(g) The Freedom of Information Act 1982 was amended by section 62 only of the Commonwealth Banks Restructuring Act 1990, subsection 2(3) of which provides as follows:
(3) Each of the remaining provisions of this Act commences on a day, or at a time, fixed by Proclamation in relation to the provision concerned.
In pursuance of section 62 (in so far as it relates to the Freedom of Information Act 1982), the date fixed for commencement was immediately after 17 April 1991 (see Gazette 1991, No. S72).
(h) The Freedom of Information Act 1982 was amended by section 116 only of the Special Broadcasting Service Act 1991, subsection 2(1) of which provides as follows:
(1) Subject to subsection (2), this Act commences 28 days after the day on which it receives the Royal Assent.
(i) The Freedom of Information Act 1982 was amended by section 3 only of the Law and Justice Legislation Amendment Act (No. 4) 1992, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(j) The Freedom of Information Act 1982 was amended by section 4 only of the Law and Justice Legislation Amendment Act (No. 3) 1992, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(k) The Freedom of Information Act 1982 was amended by the Schedule (Parts 1 and 5) of the Qantas Sale Act 1992, subsections 2(2), (3)(a) and (c) of which provide as follows:
(2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
(3) A Proclamation may fix a day that is earlier than the day on which the Proclamation is published in the Gazette but only if:
(a) in the case of sections 30, 31, 35, 37, 39, 43 and 50 and Parts 1 and 2 of the Schedule--the day is not earlier than the substantial minority sale day; and
(c) in the case of sections 25, 36, 38, 44 and 51 and Parts 5, 6 and 7 of the Schedule--the day is not earlier than the 100% sale day.
(l) The Qantas Sale Act 1992 was amended by the Schedule (item 17) only of the Qantas Sale Amendment Act 1994, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(m) The Freedom of Information Act 1982 was amended by Part 4 (sections 35 and 36) only of the Electoral and Referendum Amendment Act 1992, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(n) The Freedom of Information Act 1982 was amended by sections 11-13 only of the Prime Minister and Cabinet (Miscellaneous Provisions) Act 1994, subsection 2(1) of which provides as follows:
(1) Except for subsection 15(1), this Act commences on the day on which it receives the Royal Assent.
(o) The Freedom of Information Act 1982 was amended by subsection 3(3) only of the Transport and Communications Legislation Amendment Act 1994, subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(p) The Freedom of Information Act 1982 was amended by sections 48-70 and 72-85 only of the Law and Justice Legislation Amendment Act 1994, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(q) The Freedom of Information Act 1982 was amended by the Schedule (item 52) only of the Commonwealth Bank Sale Act 1995, subsection 2(2) of which provides as follows:
(2) Part 3, and all the items of the Schedule (except items 1, 12, 16, 17, 21, 22, 23, 26, 27, 31, 37 and 48), commence at the transfer time.
The transfer time occurred on 19 July 1996.
(r) The Freedom of Information Act 1982 was amended by Schedule 5 (items 62-64) only of the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(s) The Freedom of Information Act 1982 was amended by Schedule 2 (item 5) only of the AIDC Sale Act 1997, subsection 2(2) of which provides as follows:
(2) Schedule 2 commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor‑General a written certificate stating that the Minister is satisfied that the Australian Industry Development Corporation has no assets and no liabilities. [see Note 2]
(t) The Freedom of Information Act 1982 was amended by Schedule 4 (item 3) only of the Australian National Railways Commission Sale Act 1997, subsection 2(5) of which provides as follows:
(5) The remaining items of Schedule 3 and Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the later of the day proclaimed for the purposes of subsection (2) and the day proclaimed for the purposes of subsection (3).
(u) The Freedom of Information Act 1982 was amended by Schedule 5 (item 3) only of the Aged Care (Consequential Provisions) Act 1997, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences immediately after the commencement of the Aged Care Act 1997 (other than Division 1 of that Act).
The Aged Care Act 1997 (other than Division 1) commenced on 1 October 1997.
(v) The Freedom of Information Act 1982 was amended by Schedule 1 (item 493) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
(w) The Freedom of Information Act 1982 was amended by Schedule 3 (items 26-28) only of the Australian Security Intelligence Organisation Legislation Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1) This Act (other than Schedule 3) commences on the day on which it receives the Royal Assent.
(2) Subject to subsections (3) to (6), Schedule 3 commences immediately after the commencement of the other Schedules to this Act.
(x) The Freedom of Information Act 1982 was amended by Schedule 8 (item 15) only of the A New Tax System (Indirect Tax and Consequential Amendments) Act 1999, subsection 2(17) of which provides as follows:
(17) Schedule 8 commences immediately after the commencement of the A New Tax System (Goods and Services Tax) Act 1999.
The A New Tax System (Goods and Services Tax) Act 1999 came into operation on 1 July 2000.
(y) The Freedom of Information Act 1982 was amended by Schedule 15 only of the Federal Magistrates (Consequential Amendments) Act 1999, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the commencement of the Federal Magistrates Act 1999.
(z) The Freedom of Information Act 1982 was amended by Schedule 3 (item 2) only of the Broadcasting Services Amendment (Digital Television and Datacasting) Act 2000, subsection 2(2) of which provides as follows:
(2) Subject to subsection (3), the remaining provisions of this Act commence on a day to be fixed by Proclamation.
(za) The Freedom of Information Act 1982 was amended by Schedule 2 (items 1 and 2) only of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000, subsection 2(2) of which provides as follows:
(2) Schedules 1 (repeals) and 2 (consequential amendments) commence on the transfer day, immediately after the transfer of assets, liabilities and staff under Part 2.
Note: See sections 12 and 13 for the transfer day, and the time at which the transfer occurs.
The transfer day wa s 1 February 2001 (see Gazette 2001, No. GN6).
(zb) The Freedom of Information Act 1982 was amended by Schedule 1 (item 1) only of the Pig Industry Act 2001, subsection 2(2) of which provides as follows:
(2) Schedule 1 (other than item 3) commences immediately after the transfer time.
Note: Transfer time is defined in section 7.
The transfer time was the beginning of 1 July 2001 (see Gazette 2001, No. S269).
(zc) Subsection 2(1) (item 2) of the Transport Safety Investigation (Consequential Amendments) Act 2003 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
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Commencement information |
||
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Column 1 |
Column 2 |
Column 3 |
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Provision(s) |
Commencement |
Date/Details |
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2. Schedule 1 |
Immediately after the commencement of section 3 of the Transport Safety Investigation Act 2003 |
1 July 2003 (see Gazette 2003, No. S229) |
(zd) Subsection 2(1) (item 2) of the Designs (Consequential Amendments) Act 2003 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
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Provision(s) |
Commencement |
Date/Details |
|
2. Schedules 1 and 2 |
Immediately after the commencement of section 4 of the Designs Act 2003. |
17 June 2004 |
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
Part I |
|
|
am. No. 137, 1991 |
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|
am. No. 81, 1983; No. 63, 1984; No. 111, 1986; No. 109, 1988; No. 137, 1991; No. 196, 1992; Nos. 33, 84 and 177, 1994; No. 43, 1996; No. 1, 2000; Nos. 114 and 135, 2003; No. 62, 2004; No. 128, 2005; Nos. 124 and 158, 2007; No. 113, 2008; Nos. 99 and 102, 2009 |
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ad. No. 109, 1988 |
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am. No. 43, 1996 |
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ad. No. 63, 1984 |
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am. No. 43, 1996 |
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ad. No. 177, 1994 |
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am. No. 81, 1983; No. 102, 1986; No. 75, 1990; No. 137, 1991; No. 165, 1992; No. 84, 1994; No. 161, 1999; No. 128, 2005; No. 99, 2009 |
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|
Part II |
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|
am. No. 111, 1986; No. 84, 1994 |
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|
am. No. 81, 1983; No. 111, 1986; No. 137, 1991; No. 43, 1996 |
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|
am. No. 81, 1983; No. 137, 1991; No. 43, 1996 |
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Part III |
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|
am. No. 137, 1991 |
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am. No. 81, 1983; No. 137, 1991; No. 165, 1992; No. 43, 1996; No. 99, 2009 |
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am. No. 81, 1983; No. 158, 2007; No. 113, 2008; No. 102, 2009 |
|
|
am. No. 111, 1986; No. 137, 1991 |
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|
ad. No. 137, 1991 |
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am. No. 81, 1983; No. 137, 1991; No. 165, 1992; No. 128, 2005 |
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am. No. 111, 1986; No. 137, 1991 |
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|
am. No. 111, 1986 |
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S. 19.................................... |
am. No. 81, 1983; No. 111, 1986; No. 119, 1988 |
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rep. No. 137, 1991 |
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am. No. 43, 1996 |
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|
am. No. 137, 1991; No. 43, 1996 |
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|
am. No. 81, 1983; No. 43, 1996 |
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|
rs. No. 137, 1991 |
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|
ad. No. 137, 1991 |
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|
am. No. 81, 1983 |
|
|
am. No. 81, 1983; No. 43, 1996 |
|
|
ad. No. 81, 1983 |
|
|
|
am. No. 137, 1991 |
|
am. No. 137, 1991 |
|
|
ad. No. 119, 1988 |
|
|
|
am. No. 137, 1991; No. 84, 1994 |
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am. No. 43, 1996 |
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|
am. No. 111, 1986 |
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|
|
rs. No. 137, 1991 |
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am. No. 84, 1994 |
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S. 30.................................... |
am. No. 111, 1986 |
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rep. No. 137, 1991 |
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ad. No. 111, 1986 |
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|
|
am. No. 137, 1991; No. 84, 1994 |
|
am. No. 81, 1983; No. 137, 1991; No. 43, 1996 |
|
|
Part IV |
|
|
am. No. 81, 1983; No. 137, 1991; No. 43, 1996; No. 99, 2009 |
|
|
ad. No. 81, 1983 |
|
|
|
am. No. 137, 1991; No. 43, 1996; No. 99, 2009 |
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am. No. 81, 1983; No. 137, 1991; No. 99, 2009 |
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|
am. No. 43, 1996; No. 99, 2009 |
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|
ad. No. 137, 1991 |
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|
|
rep. No. 99, 2009 |
|
am. No. 81, 1983; No. 137, 1991; No. 84, 1994 |
|
|
am. No. 119, 1988; No. 137, 1991; No. 75, 2003 |
|
|
rs. No. 81, 1983 |
|
|
am. No. 137, 1991 |
|
|
am. No. 81, 1983; No. 137, 1991; No. 43, 1996 |
|
|
ad. No. 137, 1991 |
|
|
am. No. 81, 1983; No. 111, 1986; No. 137, 1991; No. 43, 1996; No. 62, 2004 |
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|
am. No. 81, 1983; No. 143, 1992 |
|
|
ad. No. 219, 1992 |
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Part V |
|
|
Part V ................................. |
rs. No. 137, 1991 |
|
am. No. 119, 1988 |
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|
|
rs. No. 137, 1991 |
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am. No. 81, 1983 |
|
|
|
rs. No. 137, 1991 |
|
rs. No. 137, 1991 |
|
|
am. No. 81, 1983 |
|
|
|
rs. No. 137, 1991 |
|
ad. No. 137, 1991 |
|
|
ad. No. 137, 1991 |
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|
am. No. 165, 1992; No. 128, 2005 |
|
ad. No. 137, 1991 |
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S. 52.................................... |
rep. No. 137, 1991 |
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Part VA .............................. |
ad. No. 81, 1983 |
|
|
rep. No. 137, 1991 |
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Ss. 52A-52F....................... |
ad. No. 81, 1983 |
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|
rep. No. 137, 1991 |
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Part VI |
|
|
am. No. 81, 1983 |
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|
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rs. No. 99, 2009 |
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am. No. 81, 1983; No. 111, 1986; No. 137, 1991; No. 84, 1994 |
|
|
am. No. 81, 1983; No. 111, 1986; No. 137, 1991; No. 84, 1994; No. 43, 1996 |
|
|
am. No. 81, 1983; No. 137, 1991; No. 143, 1992; No. 43, 1996 |
|
|
rep. No. 81, 1983 |
|
|
|
ad. No. 137, 1991 |
|
am. No. 81, 1983; No. 143, 1992; No. 99, 2009 |
|
|
ad. No. 81, 1983 |
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|
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am. No. 137, 1991; No. 165, 1992; No. 43, 1996 |
|
|
rep. No. 99, 2009 |
|
Heading to s. 58B................ |
rs. No. 99, 2009 |
|
ad. No. 81, 1983 |
|
|
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am. No. 43, 1996; No. 99, 2009 |
|
ad. No. 81, 1983 |
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|
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am. No. 143, 1992; No. 43, 1996 |
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rep. No. 99, 2009 |
|
ad. No. 81, 1983 |
|
|
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am. No. 38, 2005 |
|
ad. No. 81, 1983 |
|
|
|
am. No. 43, 1996 |
|
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rs. No. 99, 2009 |
|
ad. No. 81, 1983 |
|
|
|
am. No. 137, 1991; No. 84, 1994 |
|
am. No. 137, 1991; No. 84, 1994; No. 99, 2009 |
|
|
ad. No. 119, 1988 |
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am. No. 137, 1991; No. 84, 1994; No. 99, 2009 |
|
am. No. 81, 1983; No. 99, 2009 |
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S. 60A................................. |
ad. No. 99, 2009 |
|
am. No. 137, 1991 |
|
|
am. No. 81, 1983 |
|
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am. No. 81, 1983; No. 43, 1996; No. 99, 2009 |
|
|
am. No. 81, 1983; No. 137, 1991; No. 43, 1996; No. 194, 1999; No. 38, 2005; No. 99, 2009 |
|
|
am. No. 81, 1983 |
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rep. No. 99, 2009 |
|
rs. No. 81, 1983 |
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am. No. 43, 1996 |
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S. 67.................................... |
rep. No. 81, 1983 |
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|
ad. No. 99, 2009 |
|
Ss. 68, 69............................ |
rep. No. 81, 1983 |
|
Part VII ................................ |
rep. No. 81, 1983 |
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Ss. 70-90............................ |
rep. No. 81, 1983 |
|
Part VIII |
|
|
am. No. 81, 1983; No. 137, 1991; No. 84, 1994 |
|
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am. No. 81, 1983; No. 84, 1994 |
|
|
ad. No. 84, 1994 |
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am. No. 81, 1983; No. 111, 1986; No. 137, 1991; No. 43, 1996 |
|
|
am. No. 81, 1983; No. 111, 1986 |
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|
Schedule 1 |
|
|
Schedule 1.......................... |
am. No. 87, 1988; No. 62, 2004; SLI 2006 No. 50 |
|
Schedule 2 |
|
|
Schedule 2.......................... |
am. No. 7, 1983; No. 187, 1985; Nos. 102 and 111, 1986; Nos. 6, 121, 126, 127 and 129, 1988; Nos. 66 and 150, 1989; Nos. 26, 75 and 118, 1990; Nos. 99, 137, 149 and 180, 1991; No. 165, 1992; Nos. 64 and 84, 1994; No. 161, 1995; No. 96, 1997; Nos. 7, 146 and 161, 1999; Nos. 108 and 163, 2000; No. 30, 2001; No. 127, 2002; No. 114, 2003; No. 62, 2004; Nos. 45, 111, 118, 128 and 129, 2005; Nos. 50 and 170, 2006; Nos. 27 and 124, 2007; No. 66, 2008 |
|
Schedule 3 |
|
|
Schedule 3.......................... |
ad. No. 137, 1991 |
|
|
am. No. 118, 1992; No. 181, 1994; No. 174, 1995; No. 114, 1997; Nos. 118, 161 and 176, 1999; No. 170, 2000; No. 153, 2001; Nos. 19, 28, 75 and 148, 2003; No. 62, 2004; Nos. 40, 73, 101 and 150, 2006; Nos. 8, 32 and 56, 2007 |
|
Schedule 4 |
|
|
Schedule 4.......................... |
ad. No. 137, 1991 |
|
|
am. No. 84, 1994 |
Note 2
AIDC Sale Act 1997 (No. 67, 1997)
The following amendment commences by proclamation:
Schedule 2
5 Part I of Schedule 2
Omit "Australian Industry Development Corporation".
As at 19 October 2009 the amendment is not incorporated in this compilation.
Table A
Application, saving or transitional provisions
Migration Legislation Amendment (Protected Information) Act
2003
(No. 75, 2003)
Schedule 2
4 Application
(1) The amendments made by this Schedule apply to a request for access to protected information made under the Freedom of Information Act 1982:
(a) on or after the commencement of this Schedule; or
(b) before the commencement of this Schedule if no decision under the Freedom of Information Act 1982 in respect of the request has been made, or has been taken to be made, before the commencement of this Schedule.
(2) In this item:
protected information means:
(a) information that:
(i) is communicated to an authorised migration officer by a gazetted agency on condition that it be treated as confidential information; and
(ii) is relevant to the exercise of a power under section 501, 501A, 501B or 501C of the Migration Act 1958; and
(b) the agency details in relation to the protected information.
(3) In the definition of protected information in subitem (2):
agency details has the meaning given in subsection 503D(2) of the Migration Act 1958.
authorised migration officer has the meaning given in subsection 503A(9) of the Migration Act 1958.
gazetted agency has the meaning given in subsection 503A(9) of the Migration Act 1958.
Administrative Appeals Tribunal Amendment Act 2005 (No. 38, 2005)
Schedule 1
212 Application of amendments--section 58D of the Freedom of Information Act 1982
The amendments made by items 210 and 211 do not apply to a proceeding if, immediately before the commencement of this item, the Tribunal was constituted for the purposes of the proceeding by one or more members.
Human Services Legislation Amendment Act 2005 (No. 111, 2005)
Schedule 2
729 Operation of the Freedom of Information Act 1982
The Freedom of Information Act 1982 has effect after the commencement time as if the reference to Medicare Australia in Division 1 of Part II of Schedule 2 to that Act included a reference to HIC.
Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005 (No. 129, 2005)
Schedule 9
2 Application
The amendment made by item 1 applies in relation to a document that is a document of an agency before, on or after the commencement of that item.
Tax Laws Amendment
(Repeal of Inoperative Provisions) Act 2006
(No. 101, 2006)
Schedule 6
5 Application of Schedule 5 amendments
The repeals and amendments made by Schedule 5 apply to acts done or omitted to be done, or states of affairs existing, after the commencement of the amendments.
6 Object
The object of this Part is to ensure that, despite the repeals and amendments made by this Act, the full legal and administrative consequences of:
(a) any act done or omitted to be done; or
(b) any state of affairs existing; or
(c) any period ending;
before such a repeal or amendment applies, can continue to arise and be carried out, directly or indirectly through an indefinite number of steps, even if some or all of those steps are taken after the repeal or amendment applies.
7 Making and amending assessments, and doing other things, in relation to past matters
Even though an Act is repealed or amended by this Act, the repeal or amendment is disregarded for the purpose of doing any of the following under any Act or legislative instrument (within the meaning of the Legislative Instruments Act 2003):
(a) making or amending an assessment (including under a provision that is itself repealed or amended);
(b) exercising any right or power, performing any obligation or duty or doing any other thing (including under a provision that is itself repealed or amended);
in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies.
Example 1: On 31 July 1999, Greg Ltd lodged its annual return under former section 160ARE of the Income Tax Assessment Act 1936. The return stated that the company had a credit on its franking account and that no franking deficit tax was payable for the 1998‑99 franking year. Under former section 160ARH of that Act, the Commissioner was taken to have made an assessment consistent with the return.
Following an audit undertaken after the repeal of Part IIIAA of that Act, the Commissioner concludes that Greg Ltd fraudulently overfranked dividends it paid during the 1998‑99 franking year, and had a franking account deficit for that franking year. As a result, the Commissioner considers that franking deficit tax and a penalty by way of additional tax are payable.
The Commissioner can amend the assessment under former section 160ARN of that Act, because item 7 of this Schedule disregards the repeal of that section for the purposes of making an assessment in relation to the 1998‑99 franking year. Item 7 will also disregard the repeal of Division 11 of former Part IIIAA to the extent necessary for the Commissioner to assess Greg Ltd's liability to a penalty by way of additional tax.
Despite the repeal of sections 160ARU and 160ARV, item 9 will ensure that the general interest charge will accrue on the unpaid franking deficit tax and penalty until they are paid.
Item 7 will also preserve Greg Ltd's right, under former section 160ART of that Act, to object against the Commissioner's amended assessment (including the penalty), since the objection is the exercise of a right in relation to a franking year that ended before the repeal of Part IIIAA.
Example 2: During the 1997‑98 income year, Duffy Property Ltd withheld amounts from its employees' wages as required by former Divisions 1AAA and 2 of Part VI of the Income Tax Assessment Act 1936. The company failed to notify the Commissioner of those amounts, and failed to remit them to the Commissioner.
Following an audit undertaken after the repeal of those Divisions, the Commissioner discovers that the withheld amounts have not been remitted. The company's records are incomplete and the Commissioner is unable to completely ascertain the extent of its liability for the withheld amounts. Under section 222AGA of that Act, the Commissioner makes an estimate of the liability.
Item 7 will disregard the repeal of section 220AAZA of that Act (which empowered the Commissioner to recover the amount of the estimate). Even though the estimate is made after the repeal, it relates to amounts withheld before the repeal.
8 Saving of provisions about effect of assessments
If a provision or part of a provision that is repealed or amended by this Act deals with the effect of an assessment, the repeal or amendment is disregarded in relation to assessments made, before or after the repeal or amendment applies, in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies.
9 Saving of provisions about general interest charge, failure to notify penalty or late reconciliation statement penalty
If:
(a) a provision or part of a provision that is repealed or amended by this Act provides for the payment of:
(i) general interest charge, failure to notify penalty or late reconciliation statement penalty (all within the meaning of the Income Tax Assessment Act 1936); or
(ii) interest under the Taxation (Interest on Overpayments and Early Payments) Act 1983; and
(b) in a particular case, the period in respect of which the charge, penalty or interest is payable (whether under the provision or under the Taxation Administration Act 1953) has not begun, or has begun but not ended, when the provision is repealed or amended;
then, despite the repeal or amendment, the provision or part continues to apply in the particular case until the end of the period.
10 Repeals disregarded for the purposes of dependent provisions
If the operation of a provision (the subject provision) of any Act or legislative instrument (within the meaning of the Legislative Instruments Act 2003) made under any Act depends to any extent on an Act, or a provision of an Act, that is repealed by this Act, the repeal is disregarded so far as it affects the operation of the subject provision.
11 Schedule does not limit operation of section 8 of the Acts Interpretation Act 1901
This Schedule does not limit the operation of section 8 of the Acts Interpretation Act 1901.
Classification
(Publications, Films and Computer Games) Amendment Act 2007
(No. 27,
2007)
Schedule 1
22 Application provision--exempt documents
The amendment made by item 14 of this Schedule applies to exempt Internet‑content documents on or after the commencement of that item, whether the documents came into existence before, on or after commencement of that item.
Tax Laws Amendment (2007 Measures No. 1) Act 2007 (No. 56, 2007)
Schedule 1
5 Application
The amendments made by this Schedule apply to disclosures of information made on or after the day on which this Act receives the Royal Assent (whenever the information was obtained).
Freedom of Information (Removal of Conclusive Certificates and Other Measures) Act 2009 (No. 99, 2009)
Schedule 1
34 Application provision--items 4 to 32
(1) The amendments made by items 4 to 32 of this Schedule apply for the purposes of determining whether access to a document of an agency or an official document of a Minister will be given in accordance with a request made under subsection 15(2) of the Freedom of Information Act 1982 and received by the agency or Minister on or after the commencement of this Schedule.
(2) A certificate issued in relation to a document under subsection 33(2), 33(4), 33A(2), 33A(4), 34(2), 34(4), 35(2), 35(4) or 36(3) of the Freedom of Information Act 1982 (as in force immediately before the commencement of this Schedule) is, by force of this subitem, revoked in relation to the document on and from the time at which the first request for access to the document under the Freedom of Information Act 1982 is made on or after the commencement of this Schedule.
(3) To avoid doubt:
(a) subitem (2) does not affect anything done in relation to, or in reliance on, a certificate mentioned in subitem (2) before the commencement of this Schedule; and
(b) nothing prevents a person from making a request, on and after the commencement of this Schedule, for access to a document of an agency or an official document of a Minister under the Freedom of Information Act 1982 if:
(i) before the commencement of this Schedule, the person made a request for access to the same document; and
(ii) the request was refused in reliance on a certificate mentioned in subitem (2).
35 Application provision--item 33
The amendment made by item 33 of this Schedule applies to a decision of the Tribunal made on or after the commencement of this Schedule.
Table B
Modifications
A.C.T. Self‑Government (Consequential Provisions) Regulations
Schedule 1
After section 16:
Insert the following section:
16A Requests transferred from the ACT
Where a request under the Freedom of Information Act 1989 of the Australian Capital Territory is transferred to an agency in accordance with section 33 of the Act, it becomes a request under this Act at the time at which it is received by the agency.