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This is a Bill, not an Act. For current law, see the Acts databases.


FREEDOM OF INFORMATION AMENDMENT (PARLIAMENTARY BUDGET OFFICE) BILL 2012

2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Freedom of Information Amendment
(Parliamentary Budget Office) Bill 2012
No. , 2012
(Attorney-General)
A Bill for an Act to amend the Freedom of
Information Act 1982, and for related purposes
i Freedom of Information Amendment (Parliamentary Budget Office) Bill 2012 No. ,
2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Freedom of Information Act 1982
3
Privacy Act 1988
7
Freedom of Information Amendment (Parliamentary Budget Office) Bill 2012 No. , 2012
1
A Bill for an Act to amend the Freedom of
1
Information Act 1982, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Freedom of Information Amendment
5
(Parliamentary Budget Office) Act 2012.
6
2 Commencement
7
This Act commences on the day this Act receives the Royal
8
Assent.
9
2 Freedom of Information Amendment (Parliamentary Budget Office) Bill 2012 No.
, 2012
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amendments Schedule 1
Freedom of Information Amendment (Parliamentary Budget Office) Bill 2012 No. , 2012
3
Schedule 1--Amendments
1
2
Freedom of Information Act 1982
3
1 Subsection 25(1)
4
Omit all the words after "last-mentioned document", substitute:
5
to
be:
6
(a) an exempt document by virtue of section 33 or subsection
7
37(1) or 45A(1); or
8
(b) an exempt document to the extent referred to in subsection
9
45A(2) or (3).
10
2 Subsection 25(2)
11
Repeal the subsection, substitute:
12
(2) If a request relates to a document that is, or if it existed would be,
13
of a kind referred to in subsection (1), the agency or Minister
14
dealing with the request may give notice in writing to the applicant
15
that the agency or the Minister (as the case may be) neither
16
confirms nor denies the existence, as a document of the agency or
17
an official document of the Minister, of such a document but that,
18
assuming the existence of such a document, it would be:
19
(a) an exempt document by virtue of section 33 or subsection
20
37(1) or 45A(1); or
21
(b) an exempt document to the extent referred to in subsection
22
45A(2) or (3).
23
(3) If a notice is given under subsection (2) of this section:
24
(a) section 26 applies as if the decision to give the notice were a
25
decision referred to in that section; and
26
(b) the decision is taken, for the purposes of Part VI, to be a
27
decision refusing to grant access to the document in
28
accordance with the request referred to in subsection (2) of
29
this section, for the reason that the document would, if it
30
existed, be:
31
(i) an exempt document by virtue of section 33 or
32
subsection 37(1) or 45A(1); or
33
Schedule 1 Amendments
4 Freedom of Information Amendment (Parliamentary Budget Office) Bill 2012 No.
, 2012
(ii) an exempt document to the extent referred to in
1
subsection 45A(2) or (3).
2
3 After section 45
3
Insert:
4
45A Parliamentary Budget Office documents
5
General rules
6
(1) A document is an exempt document if:
7
(a) both of the following are satisfied:
8
(i) the document originated from the Parliamentary Budget
9
Officer or the Parliamentary Budget Office;
10
(ii) the document was prepared in response to, or otherwise
11
relates to, a confidential request; or
12
(b) the document was brought into existence for the dominant
13
purpose of providing information to the Parliamentary
14
Budget Officer or the Parliamentary Budget Office relating to
15
a confidential request; or
16
(c) the document was provided to the Parliamentary Budget
17
Officer or the Parliamentary Budget Office in response to a
18
request by the Parliamentary Budget Officer for more
19
information in relation to a confidential request; or
20
(d) the document is a draft of a document to which paragraph (a),
21
(b) or (c) applies.
22
(2) A document is an exempt document to the extent that it is a copy or
23
part of, or contains an extract from, a document to which
24
subsection (1) applies.
25
(3) A document is an exempt document to the extent that it contains
26
information the disclosure of which would reveal that a
27
confidential request has been made to the Parliamentary Budget
28
Officer or the Parliamentary Budget Office, unless the existence of
29
the request has been disclosed by the Senator or Member of the
30
House of Representatives who made the request.
31
Amendments Schedule 1
Freedom of Information Amendment (Parliamentary Budget Office) Bill 2012 No. , 2012
5
Exceptions
1
(4) A document is not an exempt document only because it is attached
2
to a document to which subsection (1), (2) or (3) applies.
3
Note:
However, the attachment itself may be an exempt document.
4
(5) Information in a document to which subsection (1), (2) or (3)
5
applies is not exempt matter because of this section if the
6
information has been made publicly available by the Parliamentary
7
Budget Officer:
8
(a) under section 64U of the Parliamentary Service Act 1999; or
9
(b) in a statement made under subsection 64V(4) of that Act.
10
(6) Information in a document to which subsection (1), (2) or (3)
11
applies is not exempt matter because of this section if the
12
information has been made publicly available by the Senator or
13
Member of the House of Representatives who made the
14
confidential request to which the document relates.
15
(7) Information in a document to which subsection (1), (2) or (3)
16
applies is not exempt matter because of this section if the
17
information consists of purely factual material, unless:
18
(a) the disclosure of the information would reveal the existence
19
of a confidential request; and
20
(b) the existence of the confidential request has not been
21
disclosed by the Senator or Member of the House of
22
Representatives who made the request.
23
Definition
24
(8) In this section:
25
confidential request means a request referred to in paragraph
26
64E(1)(a) or (c) of the Parliamentary Service Act 1999 that
27
includes a direction under paragraph 64H(3)(d) or section 64M (as
28
the case may be) of that Act to treat the request or any other
29
information relating to the request as confidential.
30
4 Subsection 55T(1) (note)
31
Omit "or 34 (Cabinet documents)", substitute ", 34 (Cabinet
32
documents) or 45A (Parliamentary Budget Office documents)".
33
Schedule 1 Amendments
6 Freedom of Information Amendment (Parliamentary Budget Office) Bill 2012 No.
, 2012
5 Section 55U (heading)
1
Repeal the heading, substitute:
2
55U Information gathering powers--production of national
3
security, Cabinet or Parliamentary Budget Office
4
documents
5
6 Subsection 55U(1)
6
Omit "or 34 (cabinet documents)", substitute ", 34 (Cabinet documents)
7
or 45A (Parliamentary Budget Office documents)".
8
7 Subsection 55U(3)
9
Omit "or 34", substitute ", 34 or 45A".
10
8 Subsection 58B(1)
11
Omit "or 34", substitute ", 34 or 45A".
12
9 Subsection 58E(1)
13
Omit "or 34", substitute ", 34 or 45A".
14
10 Subsection 58E(2)
15
Omit "or 34", substitute ", 34 or 45A".
16
11 Subsection 64(2) (note)
17
Omit "or 34", substitute ", 34 or 45A".
18
12 Application of amendments
19
(1)
The amendments of the Freedom of Information Act 1982 made by this
20
Schedule apply in relation to a request made under section 15 of that
21
Act that is received after the commencement of this item.
22
(2)
The amendments of the Freedom of Information Act 1982 made by this
23
Schedule also apply in relation to a request made under section 15 of
24
that Act that was received during the period:
25
(a) commencing on the day after the Bill for this Act was
26
introduced into the House of Representatives; and
27
(b) ending immediately before the commencement of this item;
28
Amendments Schedule 1
Freedom of Information Amendment (Parliamentary Budget Office) Bill 2012 No. , 2012
7
if the agency or Minister to whom the request was made has not made a
1
decision on the request, or has not been taken to have made a decision
2
on the request, before the commencement of this item.
3
Privacy Act 1988
4
13 Subsection 34(1)
5
Omit all the words after "last-mentioned document", substitute:
6
to
be:
7
(a) an exempt document by virtue of section 33 or subsection
8
37(1) or 45A(1) of the Freedom of Information Act 1982; or
9
(b) an exempt document to the extent referred to in subsection
10
45A(2) or (3) of that Act.
11

 


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