Freedom of Information Amendment (Parliamentary Budget Office) Act 2012
An Act to amend the Freedom of Information Act 1982, and for related purposes
1 Short title
Cites this Act as the Freedom of Information Amendment (Parliamentary Budget Office) Act 2012.
freedom-of-information-amendment-parliamentary-budget-office-act-2012.pdf, p.5
2 Freedom of Information Amendment (Parliamentary Budget Office) Act 2012 No.
Freedom of Information Amendment (Parliamentary Budget Office) Act 2012 No.
freedom-of-information-amendment-parliamentary-budget-office-act-2012.pdf, p.6
2 Commencement
Commences on the day this Act receives Royal Assent.
3 Schedule(s)
Schedules for amendment or repeal of Acts
1 Subsection 25(1)
Omit all words after 'last-mentioned document' and substitute with exemptions.
freedom-of-information-amendment-parliamentary-budget-office-act-2012.pdf, p.7
Prohibits omitting words after 'last-mentioned document'
2 Subsection 25(2)
2(2) Subsection 25(2)
Agency or Minister may not confirm or deny existence of a document.
2(3) Subsection 25(2)
Refusing access to document if it existed
4 Freedom of Information Amendment (Parliamentary Budget Office) Act 2012 No.
Exempt documents may be accessed to the extent specified.
freedom-of-information-amendment-parliamentary-budget-office-act-2012.pdf, p.8
3 After section 45
45A Parliamentary Budget Office documents
45A(1) Parliamentary Budget Office documents
A document is exempt if it originated from the Parliamentary Budget Officer or was prepared in response to a confidential request.
Document originated from the Parliamentary Budget Officer or was prepared in response to a confidential request.
A document must be exempt if it meets the conditions.
A document must be provided if it meets the conditions.
45A(2) Parliamentary Budget Office documents
Documents containing extracts from exempt documents are also exempt.
Exempt documents are documents containing extracts from exempt documents
Document is exempt if it contains an extract from an exempt document
Exemption starts at the beginning of the document and ends when it contains a non-exempt section
Document is exempt until it contains a non-exempt section
Exemption spreads to documents containing extracts from the original document
Documents containing extracts from exempt documents are also exempt
45A(3) Parliamentary Budget Office documents
Disclosure of confidential request information is restricted.
Restricts disclosure of confidential information.
Confidential request made to Parliamentary Budget Officer.
Disclosure of request information is restricted.
45A(4) Parliamentary Budget Office documents
A document is not exempt solely because it is attached to another exempt document.
45A(5) Parliamentary Budget Office documents
Information made publicly available by the Parliamentary Budget Officer is not exempt matter.
Obligation to disclose information made publicly available by the Parliamentary Budget Officer.
45A(6) Parliamentary Budget Office documents
Information made publicly available by Senator or MP is not exempt.
If information is publicly available, it's not exempt.
Information made publicly available by Senator or MP.
Public availability overlaps with exemption conditions.
Information has been made publicly available by Senator or MP.
45A(7) Parliamentary Budget Office documents
Disclosure of factual information is not exempt if it reveals a confidential request.
Obligation to disclose factual information
Information in a document is not exempt matter.
45A(8) Parliamentary Budget Office documents
4 Subsection 55T(1) (note)
Omit certain documents from Cabinet records
freedom-of-information-amendment-parliamentary-budget-office-act-2012.pdf, p.9
6 Freedom of Information Amendment (Parliamentary Budget Office) Act 2012 No.
freedom-of-information-amendment-parliamentary-budget-office-act-2012.pdf, p.10
5 Section 55U (heading)
Repeal heading and substitute with new text.
55U Information gathering powers—production of national
Production of national security documents by Cabinet or Parliamentary Budget Office.
Must provide national security documents.
6 Subsection 55U(1)
Omit certain documents from Cabinet and Parliamentary Budget Office
7 Subsection 55U(3)
8 Subsection 58B(1)
9 Subsection 58E(1)
10 Subsection 58E(2)
11 Subsection 64(2) (note)
12 Application of amendments
Amendments of the Freedom of Information Act 1982 apply to requests received after commencement.
Defines temporal interval for application
(a) commencing on the day after the Bill was introduced into the House of Representatives; and (b) ending immediately before the commencement of this item.
Imposes duty to make decision on request
if the agency or Minister to whom the request was made has not made a decision on the request, or has not been taken to have made a decision on the request, before the commencement of this item.
13 Subsection 34(1)
freedom-of-information-amendment-parliamentary-budget-office-act-2012.pdf, p.11
Omit words after 'last-mentioned document'