Commonwealth Consolidated Acts

FREEDOM OF INFORMATION ACT 1982 - SECT 7

             (1)  The bodies specified in Division 1 of Part I of Schedule 2, and a person holding and performing the duties of an office specified in that Division, are to be deemed not to be prescribed authorities for the purposes of this Act.

          (1A)  For the purposes of the definition of agency , a part of the Department of Defence specified in Division 2 of Part I of Schedule 2:

                     (a)  is taken not to be included in the Department of Defence (or in any other Department) for the purposes of this Act; and

                     (b)  to avoid doubt, is not an agency in its own right for the purposes of this Act.

             (2)  The persons, bodies and Departments specified in Part II of Schedule 2 are exempt from the operation of this Act in relation to the documents referred to in that Schedule in relation to them.

       (2AA)  A body corporate established by or under an Act specified in Part III of Schedule 2 is exempt from the operation of this Act in relation to documents in respect of the commercial activities of the body corporate.

          (2A)  An agency is exempt from the operation of this Act in relation to a document that has originated with, or has been received from, the Australian Secret Intelligence Service, the Australian Security Intelligence Organisation, the Inspector‑General of Intelligence and Security or the Office of National Assessments, or the Defence Imagery and Geospatial Organisation, the Defence Intelligence Organisation or the Defence Signals Directorate of the Department of Defence.

          (2B)  A Minister is exempt from the operation of this Act in relation to a document that has originated with, or has been received from, any of the following:

                     (a)  the Australian Secret Intelligence Service;

                     (b)  the Australian Security Intelligence Organisation;

                     (c)  the Inspector‑General of Intelligence and Security;

                     (d)  the Office of National Assessments;

                     (e)  the Defence Imagery and Geospatial Organisation;

                      (f)  the Defence Intelligence Organisation;

                     (g)  the Defence Signals Directorate.

             (3)  In subsection (2AA) and Part II of Schedule 2, commercial activities means:

                     (a)  activities carried on by an agency on a commercial basis in competition with persons other than governments or authorities of governments; or

                     (b)  activities, carried on by an agency, that may reasonably be expected in the foreseeable future to be carried on by the agency on a commercial basis in competition with persons other than governments or authorities of governments.

             (4)  In subsection (2AA) and Part II of Schedule 2, a reference to documents in respect of particular activities shall be read as a reference to documents received or brought into existence in the course of, or for the purposes of, the carrying on of those activities.