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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Not-for-Profit Sector Freedom to Advocate
Bill 2013
A BILL FOR
An Act to prohibit State agreements from restricting or preventing
not-for-profit entities from commenting on, advocating support for or opposing
changes to State law, policy, or practice; and for other purposes.
Contents
1Short title
2Commencement
3Interpretation
4State agreements not to
include prohibited content
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Not-for-Profit Sector Freedom to Advocate
Act 2013.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act—
confidential information means information the disclosure of
which—
(a) would found an action for breach of confidence; or
(b) would reveal trade secrets; or
(c) in the case of any other information having commercial
value—would, or could reasonably be expected to, destroy or diminish such
commercial value; or
(d) would be likely to prejudice national security (within the meaning of
the National Security Information (Criminal and Civil Proceedings)
Act 2004 of the Commonwealth);
government agency means—
(a) a Minister; or
(b) an administrative unit; or
(c) any other
agency or instrumentality of the Crown; or
(i) comprised of persons, or with a governing body comprised of persons, a
majority of whom are appointed by the Governor, a Minister or an agency or
instrumentality of the Crown; or
(ii) subject to control or direction by a Minister; or
(e) a person or body brought within the ambit of this definition by the
regulations; or
(f) a subsidiary of a Minister or a person or body referred to in a
preceding paragraph,
but does not include—
(g) a council or any other body established for local government purposes;
or
(h) a person or body excluded from the ambit of this definition by the
regulations;
not-for-profit entity means—
(a) an entity that is registered, or entitled to be registered, under the
Australian Charities and Not-for-profits Commission Act 2012;
or
(b) any other entity that is not carried on for the purposes of profit or
gain to its individual members and is, by the terms of its constitution,
prohibited from making any distribution, whether in money, property or
otherwise, to its members;
personal information means information or an opinion
(including information or an opinion forming part of a database), whether true
or not, and whether recorded in a material form or not, about an individual
whose identity is apparent, or can reasonably be ascertained, from the
information or opinion;
prohibited content, in relation to a State agreement, means a
requirement of the agreement that restricts or prevents, or purports to restrict
or prevent, a not-for-profit entity or staff of a not-for-profit entity from
commenting on, advocating support for, or opposing a change to, any matter
established by law, policy or practice of the State government or a government
agency, but does not include a requirement that restricts or prevents the
disclosure of confidential information or personal information;
State agreement means a legally binding agreement between a
government agency (on behalf of the State) and a not-for-profit
entity.
4—State
agreements not to include prohibited content
(1) A State agreement
(whether entered into before or after the commencement of this Act) must not
include prohibited content.
(2) A State agreement
that contravenes
subsection (1) is
void and of no effect to the extent of the prohibited content.
(3) However, if, immediately before the commencement of this Act, a State
agreement includes prohibited content,
subsection (2) does
not operate so as to affect any right, privilege, obligation or liability
acquired, accrued or incurred by a party under the agreement before the
commencement of this Act.