South Australian Numbered Acts South Australian Numbered ActsSchedule 1 of the principal Act is amended—
(a) by
striking out paragraph (d) of subclause (1) of clause 1;
(b) by
inserting after paragraph (a) of subclause (2) of clause 1 the following
paragraph:
(ab)
merely because it was attached to a document described in subclause (1); or
(c) by
inserting after subclause (2) of clause 1 the following subclause:
(2a) A document is not
an exempt document by virtue of this clause if—
(a) the
document has been submitted to Cabinet by a Minister; and
(b) a
Minister has certified that Cabinet have approved the document as a document
to which access may be given under this Act.
(d) by
striking out paragraph (d) of subclause (1) of clause 2;
(e) by
inserting after paragraph (a) of subclause (2) of clause 2 the following
paragraph:
(ab)
merely because it was attached to a document described in subclause (1); or
(f) by
inserting after subclause (2) of clause 2 the following subclause:
(3) A document is not
an exempt document by virtue of this clause if—
(a) the
document has been submitted to Executive Council by a Minister; and
(b) a
Minister has certified that Executive Council have approved the document as a
document to which access may be given under this Act.
(g) by
striking out from subclause (2) of clause 6 "and the truth of those
allegations or suggestions has not been established by judicial process" and
substituting "the truth of which has not been established by judicial process
and the disclosure of which would be unreasonable";
(h) by
striking out subclause (4) of clause 6;
(i)
by inserting after subclause (2) of clause 7 the
following subclause:
(3) A document is not
an exempt document by virtue of this clause if it is a contract entered into
by the Crown or an agency after the commencement of this subclause.
(j) by
inserting after the present contents of clause 13 (now to be designated as
subclause (1)) the following subclauses:
(2) A document that is
a contract entered into by the Crown or an agency after the commencement of
this subclause is not an exempt document by virtue of subclause (1)
unless—
(a) it
contains matter the disclosure of which would, under a term of the contract,
constitute a breach of the contract or found an action for breach of
confidence; and
(b) that
term of the contract has been approved by—
(i)
in the case of a contract entered into by the
Crown—a Minister; or
(ii)
in the case of a contract entered into by a State
Government agency—the responsible Minister for the agency; or
(iii)
in the case of a contract entered into by an agency that
is not a State Government agency—the agency.
(3) Subject to
subclause (4), a Minister may, by instrument in writing, delegate the power to
approve a term of a contract under subclause (2) to a specified person or to
the holder of a specified office.
(4) A delegation under
subclause (3) may be made subject to such conditions and restrictions as the
Minister thinks fit and specifies in the instrument of delegation.
(5) A delegation by a
Minister under subclause (3) is revocable at will, and does not derogate from
the power of the Minister to act personally in any matter.
(6) If a Minister or
agency approves a term of a contract in accordance with subclause (2), the
Minister or agency must, as soon as practicable, notify the Minister
administering this Act, in writing, of that fact.
(7) The Minister
administering this Act must, in a report under section 54, state the number of
contracts containing terms approved in accordance with subclause (2) during
the period to which the report relates.