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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Archives and Other Legislation
Amendment Bill 2021
No. , 2021
(Prime Minister)
A Bill for an Act to amend the
Archives Act 1983
and the
Freedom of Information Act 1982
, and for
related purposes
No. , 2021
Archives and Other Legislation Amendment Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Archives Act 1983
3
Freedom of Information Act 1982
4
No. , 2021
Archives and Other Legislation Amendment Bill 2021
1
A Bill for an Act to amend the
Archives Act 1983
1
and the
Freedom of Information Act 1982
, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Archives and Other Legislation Amendment Act
6
2021
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
2
Archives and Other Legislation Amendment Bill 2021
No. , 2021
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments
Schedule 1
No. , 2021
Archives and Other Legislation Amendment Bill 2021
3
Schedule 1--Amendments
1
2
Archives Act 1983
3
1 Subsection 3(1)
4
Insert:
5
Independent Review
means the Independent Review into the
6
workplaces of Parliamentarians and their staff conducted under the
7
Australian Human Rights Commission Act 1986
by the Sex
8
Discrimination Commissioner (within the meaning of that Act).
9
Note:
The Independent Review commenced in 2021.
10
Independent Review document
means:
11
(a) a document given to, or received by, the Independent
12
Review, or a person performing functions in relation to the
13
Review, for the purposes of the Review; or
14
(b) a document brought into existence by the Independent
15
Review or a person performing functions in relation to the
16
Review.
17
2 Subsection 3(1) (after paragraph (b) of the definition of
18
open access period
)
19
Insert:
20
(ba) for a record that is an Independent Review document--
21
section 22C;
22
3 Subsection 3(7)
23
Omit "and 22B", substitute ", 22B and 22C".
24
4 Subsection 3(7) (note)
25
Repeal the note, substitute:
26
Note:
Cabinet notebooks, records containing Census information and
27
Independent Review documents have different open access periods
28
(see sections 22A, 22B and 22C).
29
5 After section 22B
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Insert:
31
Schedule 1
Amendments
4
Archives and Other Legislation Amendment Bill 2021
No. , 2021
22C Independent Review documents
1
(1) For the purposes of this Act, a record that is an Independent
2
Review document is in the
open access period
on and after
3
1 January in the year that is 99 years after the calendar year that the
4
record came into existence.
5
(2) Subsection (1) applies in relation to an Independent Review
6
document, whether the Independent Review commenced before or
7
after the commencement of this section.
8
(3) Subsection 3(7) and section 56 do not apply in relation to an
9
Independent Review document.
10
Freedom of Information Act 1982
11
6 Subsection 4(1)
12
Insert:
13
Independent Review
means the Independent Review into the
14
workplaces of Parliamentarians and their staff conducted under the
15
Australian Human Rights Commission Act 1986
by the Sex
16
Discrimination Commissioner (within the meaning of that Act).
17
Note:
The Independent Review commenced in 2021.
18
7 After subsection 7(2D)
19
Insert:
20
(2DA) A Minister and an agency are exempt from the operation of this
21
Act in relation to the following documents (regardless of when the
22
documents were brought into existence):
23
(a) a document given to, or received by, the Independent
24
Review, or a person performing functions in relation to the
25
Review, for the purposes of the Review;
26
(b) a document brought into existence by the Independent
27
Review or a person performing functions in relation to the
28
Review.
29