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This is a Bill, not an Act. For current law, see the Acts databases.
Serial
143
Information Amendment Bill
2010
Ms
Lawrie
A Bill for an Act to amend the Information Act
NORTHERN TERRITORY OF AUSTRALIA
INFORMATION AMENDMENT ACT 2010
____________________
Act No. [ ] of 2010
____________________
Table of provisions
158 Regulations
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2010
____________________
An Act to amend the Information Act
[Assented to [ ] 2010]
[Second reading [ ] 2010]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Information Amendment Act 2010.
This Act commences on the day fixed by the Administrator by Gazette notice.
This Act amends the Information Act.
Section 49A(b)(v)
omit, insert
(v) a commission of inquiry established under the Local Government Act.
Section 71
repeal
Section 81(2)(a)
omit
; and
insert
; or
Section 86(1)(a)
omit, insert
(a) to develop and issue guidelines to public sector organisations about the following:
(i) freedom of information;
(ii) the correction of personal information;
(iii) the protection of privacy;
(iv) for IPP 2.1(ca) – the use and disclosure of health information;
Section 146(2)
omit, insert
(2) A person must not knowingly make a statement that is false or misleading, or contains a material omission, for the purpose of gaining access under this Act to:
(a) another person's personal information; or
(b) information about another person's business, professional, commercial or financial affairs.
Maximum penalty: 100 penalty units or imprisonment for 6 months.
Section 158
repeal, insert
The Administrator may make regulations under this Act.
(1) Schedule 2, IPP 1.3(f)
omit
the main consequences (if any)
insert
any consequences
(2) Schedule 2, after IPP 2.1(c)
insert
(ca) the use or disclosure is necessary for research, or the compilation or analysis of statistics, in the public interest and the following apply:
(i) the research, compilation or analysis will not be published in a form that identifies the individual;
(ii) it is impracticable for the organisation to seek the individual's consent before the use or disclosure;
(iii) in the case of disclosure – the organisation reasonably believes the recipient of the information will not disclose the information;
(iv) if the information is health information – the use or disclosure is in accordance with guidelines issued by the Commissioner under section 86(1)(a)(iv) for this paragraph;
(3) Schedule 2, IPP 2.1(d)(ii)
renumber as subparagraph (iii)
(4) Schedule 2, after IPP 2.1(d)(i)
insert
(ii) a serious or imminent threat of harm to, or exploitation of, a child; or
(5) Schedule 2, after IPP 2.2 (in IPP 2)
insert
2.3 In this IPP:
child, see section 13 of the Care and Protection of Children Act.
exploitation, see section 16 of the Care and Protection of Children Act.
harm, see section 15 of the Care and Protection of Children Act.
(6) Schedule 2, IPP 6.4(b)
omit
date,
insert
date;
(7) Schedule 2, IPP 6.7(c)
omit
request,
insert
request;
(8) Schedule 2, IPP 10.1(c)(ii)
omit
collection,
insert
collection;
The Schedule has effect.
section 11
Provision
|
Amendment
|
|
|
omit
|
insert
|
section 4, definition IPP
|
referred to
|
mentioned
|
section 4, definition
person
|
a natural person
deceased person
|
an individual
deceased individual
|
section 4, definition unique
identifier
|
(not the person's name)
|
|
section 5(5)(c)
|
within the meaning
|
as defined in section 3
|
section 5(6)
|
the purposes of
|
|
section 10(2)(c)
|
information,
|
information;
|
section 11(1)(b)(iii)
|
public,
|
public;
|
sections 11(2) and (3) and 12(1)
|
referred to
|
mentioned
|
section 17(3)(b)
|
applicant,
|
applicant;
|
section 18(2A)
|
(if any)
|
|
section 20
|
the purpose of
|
|
section 20(a)
|
(if any) that are
(inclusive)
|
|
section 21(2)(b)(ii)
|
(if any)
(all references) |
|
section 23(3) and (3)(a)
|
referred to
|
mentioned
|
information,
|
information;
|
|
section 26(1)
|
referred to
|
mentioned
|
section 27(1)(c)
|
exist,
|
exist;
|
section 29(1)(b)
|
organisation,
|
organisation;
|
section 29(2)
|
referred to
|
mentioned
|
section 30(1) and (7)
|
the purposes of
|
|
(if any)
|
|
|
section 30(6)
|
referred to
|
mentioned
|
section 33
|
the purpose of
|
|
section 33(a)
|
(if any) that are
(inclusive)
|
|
section 36(1)
|
referred to
|
mentioned
|
section 37(1)(b)
|
organisation,
|
organisation;
|
section 37(2)
|
referred to
|
mentioned
|
section 38(1)(b)
|
information,
|
information;
|
section 40(1)(a)
|
in part
|
part
|
section 40(1)(b)
|
in part
, as the case may be
|
part
|
section 41
|
the purposes of
|
|
section 42(2)(b)(iii)
|
all words from "for" to "interfering"
|
to harass, obstruct or otherwise
interfere
|
section 42(3)
|
(if any)
|
|
sections 44 and 45(1)(a)(viii), (2) and
(3)
|
referred to
|
mentioned
|
section 48, note
|
Note
|
Note for section 48
|
referred to
|
mentioned
|
|
section 60(1)
|
in writing
|
|
section 60(1)(a) to (c) and (3)(a) and
(b)
|
referred to
|
mentioned
|
section 60(3)(c)
|
whole paragraph
|
(c) information mentioned in section
56.
|
section 60(3)
|
as the case may be.
|
|
section 61(1)(b)
|
her,
|
her;
|
section 63(2)
|
referred to
|
mentioned
|
section 70
|
the purposes of
|
|
section 72(5)
|
the purposes of
|
|
section 73(2)(c)
|
interest,
|
interest;
|
section 74(2)(b)
|
referred to
|
mentioned
|
sections 75(1) and 78
|
notice in the Gazette
|
Gazette notice
|
sections 80(4)(b) and 81(3)
|
(if any)
|
|
section 85(2)
|
notice in the Gazette
|
Gazette notice
|
section 87(2)
|
the purposes of
|
|
section 87(2)(c)
|
86(1)(e),
|
86(1)(e);
|
section 91(2)(c)
|
all words from "an" to "that Act"
|
a public sector employee, warrant dismissal under
the Public Sector Employment and Management Act
|
section 94(1)
|
notice in the Gazette
|
Gazette notice
|
section 96(1)
|
all words after "be"
|
public sector employees.
|
sections 96(2) and 98(3) and (4)
|
referred to
|
mentioned
|
section 98(3)
|
(inclusive)
|
|
section 100
|
in pursuance of
|
under
|
section 100(b)
|
94,
|
94;
|
section 107(1)
|
the purpose of
|
|
section 108(4)(b)
|
respondent,
|
respondent;
|
section 111(4)(b)
|
the records (if any)
|
any records
|
section 111(4)(c)
|
the recommendations (if any)
|
any recommendations
|
section 115(2)(a)
|
referred to
|
mentioned
|
section 115(4)
|
the purpose of
|
|
section 116(1)(c)
|
complaint,
|
complaint;
|
section 116(1)(e)
|
the orders (if any)
|
any orders
|
section 116(2)
|
referred to
|
mentioned
|
section 118(1)(c)
|
reason,
|
reason;
|
section 128(1)(c)
|
complaint,
|
complaint;
|
section 128(3)(b)
|
the purposes of
|
|
section 129(2)(d)
|
appeal,
|
appeal;
|
section 133(2)(b)
|
record,
|
record;
|
section 144(2)
|
all words from "referred" to "virtue"
|
mentioned in subsection (1) because
|
section 144(3)
|
the purpose of
|
|
section 145(2)(a) to (d) and (g)
|
referred to
|
mentioned
|
section 147(2)
|
the purposes of
|
|
section 148(1)(a)
|
referred to
|
mentioned
|
section 148(2)(b)
|
the purposes of this Act,
|
this Act;
|
section 148(2)(c)
|
the purposes of
|
|
section 149(2) and (3)(c)
|
referred to
|
mentioned
|
section 149(3)(a)
|
the purposes of
|
|
section 149(3)(b)
|
authorisation,
|
authorisation;
|
section 150(1)
|
Where
a natural person
|
If
individual
|
section 150(1)(a)
|
natural person
|
individual
|
section 150(2)
|
the purposes of
a natural person
natural person,
the natural person.
|
individual
individual,
individual.
|
section 150(3)
|
A natural person
|
An individual
|
section 151(1)(a)
|
referred to
|
mentioned
|
sections 153 and 156(4)(b)
|
the purposes of
|
|
section 156(5)
|
the case may be
|
appropriate
|
Schedule 1, entry for Care and Protection of
Children Act
|
whole entry
|
|
Schedule 1
|
|
(in alphabetical order)
Care and Protection of Children Act
section 301(1)
|
Schedule 1, entry for Taxation Administration
Act
|
102
|
102(1)
|
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