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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
FREEDOM OF
INFORMATION
AMENDMENT BILL 1995
Queensland
FREEDOM OF INFORMATION
AMENDMENT BILL 1995
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Replacement of ss 36 and 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
36 Cabinet matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
37 Executive Council matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4 Insertion of new pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 7--TRANSITIONAL PROVISIONS
110 Application of amendments made by Freedom of
Information Legislation Amendment Act 1995 to earlier
applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
111 Expiry of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 8
CONSEQUENTIAL AND MINOR AMENDMENTS OF
FREEDOM OF INFORMATION ACT 1992
1995
A BILL
FOR
An Act to amend the Freedom of Information Act 1992
s1 4 s3
Freedom of Information Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Freedom of Information Amendment Act 3
1995. 4
Act 5
Amended
Clause 2. This Act amends the Freedom of Information Act 1992. 6
of ss 36 and 37 7
Replacement
Clause 3. Sections 36 and 37-- 8
omit, insert-- 9
matter 10
`Cabinet
`36.(1) Matter is exempt matter if-- 11
(a) it has been submitted to Cabinet; or 12
(b) it was prepared for submission to Cabinet and is proposed, or has 13
at any time been proposed, by a Minister to be submitted to 14
Cabinet; or 15
(c) it was prepared for briefing, or the use of, a Minister or chief 16
executive in relation to a matter-- 17
(i) submitted to Cabinet; or 18
(ii) that is proposed, or has at any time been proposed, to be 19
submitted to Cabinet by a Minister; or 20
(d) it is, or forms part of, an official record of Cabinet; or 21
(e) its disclosure would involve the disclosure of any consideration 22
of Cabinet or could otherwise prejudice the confidentiality of 23
Cabinet considerations or operations; or 24
(f) it is a draft of matter mentioned in paragraphs (a) to (e); or 25
s3 5 s3
Freedom of Information Amendment
(g) it is a copy of or extract from, or part of a copy of or extract from, 1
matter mentioned in paragraphs (a) to (f). 2
`(2) Subsection (1) does not apply to matter officially published by 3
decision of Cabinet. 4
`(3) A certificate signed by the Minister stating that specified matter 5
would, if it existed, be exempt matter mentioned in subsection (1), but not 6
matter mentioned in subsection (2), establishes, subject to part 5,1 that, if 7
the matter exists, it is exempt matter under this section. 8
`(4) In this section-- 9
"Cabinet" includes a Cabinet committee or subcommittee. 10
"chief executive" means a chief executive of a unit of the public sector. 11
"consideration" includes-- 12
(a) discussion, deliberation, noting (with or without discussion) or 13
decision; and 14
(b) consideration for any purpose, including, for example, for 15
information or to make a decision. 16
"draft" includes a preliminary or working draft. 17
"official record", of Cabinet, includes an official record of matters 18
submitted to Cabinet. 19
"submit" matter to Cabinet includes bring the matter to Cabinet, 20
irrespective of the purpose of submitting the matter to Cabinet, the 21
nature of the matter or the way in which Cabinet deals with the matter. 22
Council matter 23
`Executive
`37.(1) Matter is exempt matter if-- 24
(a) it has been submitted to Executive Council; or 25
(b) it was prepared for submission to Executive Council and is 26
proposed, or has at any time been proposed, by a Minister to be 27
submitted to Executive Council; or 28
1 Part 5 deals with the external review of decisions.
s3 6 s3
Freedom of Information Amendment
(c) it was prepared for briefing, or the use of, the Governor, a 1
Minister or a chief executive in relation to a matter-- 2
(i) submitted to Executive Council; or 3
(ii) that is proposed, or has at any time been proposed, to be 4
submitted to Executive Council by a Minister; or 5
(d) it is, or forms part of, an official record of Executive Council; or 6
(e) its disclosure would involve the disclosure of any consideration 7
of Executive Council or could otherwise prejudice the 8
confidentiality of Executive Council considerations or operations; 9
or 10
(f) it is a draft of matter mentioned in paragraphs (a) to (e); or 11
(g) it is a copy of or extract from, or part of a copy of or extract from, 12
matter mentioned in paragraphs (a) to (f). 13
`(2) Subsection (1) does not apply to matter officially published by 14
decision of the Governor in Council. 15
`(3) A certificate signed by the Minister stating that specified matter 16
would, if it existed, be exempt matter mentioned in subsection (1), but not 17
matter mentioned in subsection (2), establishes, subject to part 5, that, if the 18
matter exists, it is exempt matter under this section. 19
`(4) In this section-- 20
"chief executive" means a chief executive of a unit of the public sector. 21
"consideration" includes-- 22
(a) discussion, deliberation, noting (with or without discussion) or 23
decision; and 24
(b) consideration for any purpose, including, for example, for 25
information or to make a decision. 26
"draft" includes a preliminary or working draft. 27
"official record", of Executive Council, includes an official record of 28
matters submitted to Executive Council. 29
"submit" matter to Executive Council includes bring the matter to 30
Executive Council, irrespective of the purpose of submitting the matter 31
s4 7 s4
Freedom of Information Amendment
to Executive Council, the nature of the matter or the way in which 1
Executive Council deals with the matter.'. 2
of new pt 7 3
Insertion
Clause 4. After section 109-- 4
insert-- 5
`PART 7--TRANSITIONAL PROVISIONS 6
of amendments made by Freedom of Information 7
`Application
Amendment Act 1995 to earlier applications 8
`110.(1) The amendments made by the Freedom of Information 9
Amendment Act 1995 (the "amending Act") apply to an application made 10
under this Act before the commencement of the amending Act. 11
`(2) Without limiting subsection (1), in deciding the application of the 12
amendments made by the amending Act, the Acts Interpretation Act 1954, 13
section 20 does not apply to an application made under this Act before the 14
commencement of the amending Act. 15
`(3) This section does not apply to the amendment of section 42 made by 16
the amending Act.2 17
`(4) This section is a law to which the Acts Interpretation Act 1954, 18
section 20A applies. 19
`(5) In this section-- 20
"application" includes an application for review under section 52, 73 or 21
84. 22
of part 23
`Expiry
`111. This part expires 1 year after it commences.'. 24
2 Section 42 (Matter relating to law enforcement or public safety)
8
Freedom of Information Amendment
CHEDULE 1
¡S
CONSEQUENTIAL AND MINOR AMENDMENTS OF 2
FREEDOM OF INFORMATION ACT 1992 3
section 2 of the Act 4
1. Section 7, definitions "document" and "GOC"-- 5
omit. 6
2. Section 7-- 7
insert-- 8
` "document" includes-- 9
(a) a copy of a document; and 10
(b) a part of, or extract from, a document; and 11
(c) a copy of a part of, or extract from, a document.'. 12
3. Section 35(2)-- 13
omit, insert-- 14
`(2) If an application relates to a document that includes exempt matter 15
under section 36, 37 or 42, the agency or Minister concerned may give 16
written notice to the applicant-- 17
(a) that the agency or Minister neither confirms nor denies the 18
existence of that type of document as a document of the agency or 19
an official document of the Minister; but 20
(b) that, assuming the existence of the document, it would be an 21
exempt document.'. 22
9
Freedom of Information Amendment
SCHEDULE (continued)
4. Section 42(3)-- 1
omit, insert-- 2
`(3) A certificate signed by the Minister stating that a specified matter 3
would, if it existed, be exempt matter mentioned in subsection (1), but not 4
matter mentioned in subsection (2), establishes, subject to part 5, that, if the 5
matter exists, it is exempt matter under this section.'. 6
7
© State of Queensland 1995
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