Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This Act does not apply to the following acts and practices:
(a) for a Minister—an act done, or a practice engaged in, by the Minister other than an act done, or a practice engaged in, by the Minister in relation to the affairs of a public sector agency administered by the Minister;
(b) for an ACT court—an act done, or a practice engaged in, by the ACT court other than an act done, or a practice engaged in, by the ACT court in relation to a matter of an administrative nature;
(c) for the Office of the Legislative Assembly—an act done, or a practice engaged in, by the Office in exercising a function in relation to a proceeding of the Legislative Assembly;
(d) for officers of the Assembly—an act done, or a practice engaged in, by the officer of the Assembly other than an act done, or a practice engaged in, by the officer in relation to a matter of an administrative nature;
(e) an act done, or a practice engaged in, by a public sector agency in relation to information that is taken to be contrary to the public interest to disclose under the FOI Act
, schedule 1
(f) an act done, or a practice engaged in, by a public sector agency in relation to a record that has originated with, or has been received from, a Commonwealth enforcement or intelligence body;
(g) an act done, or a practice engaged in, by a public sector agency that involves the disclosure of personal information to a Commonwealth intelligence body if the body, in connection with its functions, requests that the agency disclose the personal information and—
(i) the disclosure is made to an officer or employee of the Commonwealth intelligence body authorised in writing by the head (however described) of the body to receive the disclosure; and
(ii) the officer or employee certifies in writing that the disclosure is connected with the performance of the body's functions;
(h) for an agency prescribed by regulation—an act done, or a practice engaged in, by the agency in relation to a matter prescribed by regulation.
Note A reference to an act done, or a practice engaged in, by a public sector agency includes a reference to a person exercising a function of the agency, whether under a delegation, subdelegation or otherwise (see Legislation Act
, s 184A).
(2) In this section:
"Commonwealth enforcement or intelligence body" means the following:
(a) a Commonwealth intelligence body;
(b) the Office of National Intelligence established under the Office of National Intelligence Act 2018
(Cwlth), section 6;
(c) that part of the Defence Department known as the Defence Intelligence Organisation;
(d) that part of the Defence Department known as the Australian Geospatial-Intelligence Organisation;
(e) the National Anti-Corruption Commissioner appointed under the National Anti-Corruption Commission Act 2022
(Cwlth), section 241;
(f) a staff member of the National Anti-Corruption Commission established under the National Anti-Corruption Commission Act 2022
(Cwlth), section 20;
(g) the Australian Crime Commission established under the Australian Crime Commission Act 2002
(Cwlth), section 7;
(h) the board of the Australian Crime Commission established under the Australian Crime Commission Act 2002
(Cwlth), section 7B.
"Commonwealth intelligence body" means the following:
(a) the Australian Security Intelligence Organisation continued in existence under the Australian Security Intelligence Organisation Act 1979
(Cwlth), section 6;
(b) the Australian Secret Intelligence Service continued in existence under the Intelligence Services Act 2001
(Cwlth), section 16;
(c) the Defence Signals Directorate of the Defence Department.
"Defence Department" means the Commonwealth department that deals with defence and that is administered by the Commonwealth Minister administering the Defence Act 1903
(Cwlth).
"FOI Act" means the Freedom of Information Act 2016
.