Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Definitions for Schedule 3
In this Schedule:
Act means the Public Interest Disclosure Act 2013 .
commencement means the day this Schedule commences.
2 Application of amendments--general rule
Subject to this Schedule, the amendments of the Act made by Schedules 1 and 2 to this Act apply in relation to:
(a) a disclosure made on or after commencement; and
(b) conduct that is the subject of such a disclosure, whether the conduct occurs (or is alleged to have occurred) before, on or after commencement.
3 Protection of disclosers and witnesses
The amendments of the Act made by Part 3 of Schedule 1 to this Act apply in relation to:
(a) engaging in conduct on or after commencement that constitutes:
(i) taking a reprisal against a person within the meaning of section 13 of the Act (as amended by that Part); or
(ii) an offence against section 19 of the Act (as substituted by that Part); and
(b) a disclosure made, or believed or suspected to have been made, before, on or after commencement, if the disclosure (or belief or suspicion about the disclosure) is the reason, or part of the reason, for engaging in such conduct.
4 Six-monthly reports by the Ombudsman
Section 76 of the Act (as amended by Part 4 of Schedule 1 to this Act) and section 76A of the Act (as inserted by that Part) apply in relation to the information covered by paragraphs 76(2)(a) to (d) of the Act based on the operation of the Act:
(a) if commencement is between 1 January and 30 June in a calendar year--on and after 1 July in that year; or
(b) if commencement is between 1 July and 31 December in a calendar year--on and after 1 January in the following calendar year.
Note: Section 76 of the Act provides for annual reports by the Ombudsman. Section 76A of the Act provides for six-monthly reports by the Ombudsman.
5 Machinery of government changes
If Subdivision D of Division 3 of Part 4 of the Act (as added by Part 6 of Schedule 1 to this Act) applies in relation to a machinery of government change:
(a) the Subdivision applies in relation to a disclosure whether the disclosure is made before, on or after commencement; and
(b) the Subdivision applies in relation to conduct that is (or may be) the subject of a disclosure whether the conduct occurs (or is alleged to have occurred) before, on or after commencement; and
(c) if the disclosure was made on or after commencement--the amendments of the Act made by Schedules 1 and 2 to this Act apply in relation to the disclosure, whether the conduct that is the subject of the disclosure occurred (or is alleged to have occurred) before, on or after commencement; and
(d) if the disclosure was made before commencement, those amendments (apart from the amendments made by Part 6 of Schedule 1 to this Act) do not apply in relation to the disclosure.
Note: For machinery of government change , see section 73A of the Act.
6 Delegations
(1) Despite the repeal of section 77 (delegations) of the Act by Schedule 2 to this Act, a delegation under that section that was in force immediately before commencement continues in force on and after commencement as if it had been made under that section as substituted by that Schedule.
(2) Subsection 77(2) of the Act (as that Act is amended by Schedule 2 to this Act) applies, on and after commencement, in relation to a delegation that:
(a) continues in force under subitem (1); or
(b) is made on or after commencement.