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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
RIGHT TO INFORMATION (CONSEQUENTIAL
AND TRANSITIONAL) BILL 2009
__________
CONTENTS
1. Short title
2. Commencement
3. Consequential amendments
4. Effect of certain amendments
5. Transitional provisions
Schedule 1 Consequential Amendments
[Bill 69]-I
2
RIGHT TO INFORMATION (CONSEQUENTIAL
AND TRANSITIONAL) BILL 2009
(Brought in by the Minister for Justice, the Honourable
Larissa Tahireh Giddings)
A BILL FOR
An Act to amend certain Acts consequential on the
enactment of the Right to Information Act 2009 and to
enact transitional provisions consequential on the
enactment of that Act
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Right to
Information (Consequential and Transitional)
Act 2009.
2. Commencement
This Act commences on the day on which the
Right to Information Act 2009 commences.
3. Consequential amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
[Bill 69] 3
Right to Information (Consequential and Transitional) Act 2009
Act No. of
s. 4
4. Effect of certain amendments
The amendment by this Act of a provision of any
regulations, rules or by-laws made under any Act
does not prevent that provision or any other
provision of those regulations, rules or by-laws
from being amended or rescinded by any
subsequent regulations, rules or by-laws.
5. Transitional provisions
(1) A request for information made under the
Freedom of Information Act 1991 before the
commencement of this Act and not dealt with
immediately before that commencement is to be
dealt with under the Freedom of Information Act
1991 as if the Right to Information Act 2009 had
not been enacted.
(2) An application for a review of a decision made
under the Freedom of Information Act 1991
before the commencement of this Act and not
dealt with immediately before that
commencement is to be dealt with under the
Freedom of Information Act 1991 as if the Right
to Information Act 2009 had not been enacted.
4
Right to Information (Consequential and Transitional) Act 2009
Act No. of
sch. 1
SCHEDULE 1 CONSEQUENTIAL AMENDMENTS
Section 3
Aboriginal Lands Act 1995
1. Section 11(7) is amended by omitting "Freedom
of Information Act 1991" and substituting "Right
to Information Act 2009".
Anti-Discrimination Act 1998
1. Section 88(4) is amended by omitting "Part 3 of
the Freedom of Information Act 1991" and
substituting "Part 3 of the Right to Information
Act 2009".
Child Care Act 2001
1. Section 65(6) is amended by omitting "Freedom
of Information Act 1991" and substituting "Right
to Information Act 2009".
Children, Young Persons and Their Families Act 1997
1. Section 16(7) is amended by omitting "Freedom
of Information Act 1991" and substituting "Right
to Information Act 2009".
5
Right to Information (Consequential and Transitional) Act 2009
Act No. of
sch. 1
2. Section 40(4) is amended by omitting "Freedom
of Information Act 1991" and substituting "Right
to Information Act 2009".
Community Protection (Offender Reporting) Act 2005
1. Section 46 is amended by omitting "Freedom of
Information Act 1991" and substituting "Right to
Information Act 2009".
Coroners Act 1995
1. Section 53A(1) is amended by omitting
"Freedom of Information Act 1991" and
substituting "Right to Information Act 2009".
Electricity Supply Industry Act 1995
1. Section 16(2) is amended by omitting "Freedom
of Information Act 1991" and substituting "Right
to Information Act 2009".
Gaming Control Act 1993
1. Section 157(6) is amended by omitting
"Freedom of Information Act 1991" and
substituting "Right to Information Act 2009".
6
Right to Information (Consequential and Transitional) Act 2009
Act No. of
sch. 1
Gas Act 2000
1. Section 13(3) is amended by omitting "Freedom
of Information Act 1991" and substituting "Right
to Information Act 2009".
Gas Pipelines Act 2000
1. Section 95(3) is amended by omitting "Freedom
of Information Act 1991" and substituting "Right
to Information Act 2009".
Gene Technology Act 2001
1. Section 152(3) is amended by omitting
"Freedom of Information Act 1991" and
substituting "Right to Information Act 2009".
Government Prices Oversight Act 1995
1. Section 3(1) is amended by omitting "section 24
(1) of the Freedom of Information Act 1991"
from paragraph (a) of the definition of "Cabinet
record" and substituting "section 26 of the Right
to Information Act 2009".
2. Section 28(6) is amended by omitting "Freedom
of Information Act 1991" and substituting "Right
to Information Act 2009".
7
Right to Information (Consequential and Transitional) Act 2009
Act No. of
sch. 1
3. Section 30(4) is amended by omitting "Freedom
of Information Act 1991" and substituting "Right
to Information Act 2009".
4. Section 32(4) is amended by omitting "Freedom
of Information Act 1991" and substituting "Right
to Information Act 2009".
5. Section 39C(3) is amended by omitting
"Freedom of Information Act 1991" and
substituting "Right to Information Act 2009".
6. Section 39N(4) is amended by omitting
"Freedom of Information Act 1991" and
substituting "Right to Information Act 2009".
Local Government Act 1993
1. Section 53B(2) is amended by omitting
"Freedom of Information Act 1991" and
substituting "Right to Information Act 2009".
2. Section 54A(3) is amended by omitting
"Freedom of Information Act 1991" and
substituting "Right to Information Act 2009".
8
Right to Information (Consequential and Transitional) Act 2009
Act No. of
sch. 1
3. Section 55(3) is amended by omitting "Freedom
of Information Act 1991" and substituting "Right
to Information Act 2009".
4. Section 55A(4) is amended by omitting
"Freedom of Information Act 1991" and
substituting "Right to Information Act 2009".
5. Section 214D(8) is amended by omitting
"Freedom of Information Act 1991" and
substituting "Right to Information Act 2009".
6. Section 214K(5) is amended by omitting
"Freedom of Information Act 1991" and
substituting "Right to Information Act 2009".
7. Section 228 is amended by omitting "Freedom
of Information Act 1991" and substituting "Right
to Information Act 2009".
8. Section 322 is amended by omitting "Freedom
of Information Act 1991" and substituting "Right
to Information Act 2009".
9
Right to Information (Consequential and Transitional) Act 2009
Act No. of
sch. 1
Mineral Resources Development Act 1995
1. Section 124(4) is amended by omitting
"Freedom of Information Act 1991" and
substituting "Right to Information Act 2009".
2. Section 190(5) is amended by omitting
"Freedom of Information Act 1991" and
substituting "Right to Information Act 2009".
Ombudsman Act 1978
1. Section 33A is amended by omitting "Freedom
of Information Act 1991" and substituting "Right
to Information Act 2009".
Perinatal Registry Act 1994
1. Section 15(6) is amended by omitting "The
Freedom of Information Act 1991" and
substituting "The Right to Information Act
2009".
Police Powers (Surveillance Devices) Act 2006
1. Section 5(6)(b) is amended by omitting
"Freedom of Information Act 1991" and
substituting "Right to Information Act 2009".
10
Right to Information (Consequential and Transitional) Act 2009
Act No. of
sch. 1
Public Interest Disclosures Act 2002
1. Section 51(2) is amended by omitting "section
24 of the Freedom of Information Act 1991" and
substituting "section 26 of the Right to
Information Act 2009".
2. Section 90 is repealed and the following section
is substituted:
90. Exemption from Right to Information Act
2009
(1) The Right to Information Act 2009 does
not apply to information contained in
records in the possession of a public
body that is a public authority under that
Act to the extent to which the
information discloses information
(a) in relation to a disclosure made
under Part 2; or
(b) likely to lead to the identification
of a person who made a
disclosure under Part 2; or
(c) likely to lead to the identification
of a person against whom a
disclosure under Part 2 is made.
(2) In this section
11
Right to Information (Consequential and Transitional) Act 2009
Act No. of
sch. 1
"public authority" has the same
meaning as in the Right to
Information Act 2009.
Taxation Administration Act 1997
1. After section 76, the following section is inserted
in Division 2:
76A. Right to information
The Right to Information Act 2009 does
not apply to information obtained under
or in relation to the administration or
execution of a taxation law.
2. Section 77(1)(d) is amended by inserting "other
than the Right to Information Act 2009" after
"Act".
3. Section 79F is amended by omitting "Freedom
of Information Act 1991" and substituting "Right
to Information Act 2009".
Witness Protection Act 2000
1. Section 28 is amended by omitting "Freedom of
Information Act 1991" and substituting "Right to
Information Act 2009".
12
Right to Information (Consequential and Transitional) Act 2009
Act No. of
sch. 1
Workplace Health and Safety Act 1995
1. Section 43(3) is amended by omitting "Freedom
of Information Act 1991" and substituting "Right
to Information Act 2009".
Government Printer, Tasmania 13