Australian Capital Territory
Executive Documents Release Act 2001 (repealed)    
A2001-53
Republication No 5
Effective:  26 November 2010
Republication date: 26 November 2010
As repealed by A2010-48 s 29

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Executive Documents Release Act 2001 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)).  It also includes any commencement, amendment, repeal or expiry affecting the republished law to 26 November 2010.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Executive Documents Release Act 2001 (repealed)

Contents
	Page
	1	Name of Act	2
	3	Dictionary	2
	4	Notes	2
	5	Application to previous executive documents	2
	6	List of released executive documents must be published	3
	7	Availability of released documents	3
	8	Release delayed or denied	5
	9	Freedom of Information Act access not prevented	7
	10	Review by ACAT	7
	11	No liability for complying with Act	7
	12	Regulation-making power	7
Dictionary		8
Endnotes
	1	About the endnotes	10
	2	Abbreviation key	10
	3	Legislation history	11
	4	Amendment history	11
	5	Earlier republications	12

Australian Capital Territory
Executive Documents Release Act 2001 (repealed)

An Act to require the publication of certain executive documents

    

    
    
1	Name of Act
This Act is the Executive Documents Release Act 2001.
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
	For example, the signpost definition ‘release restraint determination—see section 8 (2).’ means that the term ‘release restraint determination’ is defined in that subsection.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this Act is explanatory, and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Application to previous executive documents
This Act applies to an executive document even if its submission day was before this Act commenced.
6	List of released executive documents must be published
	(1)	The chief executive must arrange for a list of all accessible executive documents to be available to the public, without charge, in printed and in electronic form.
Example
To make the list available to the public in electronic form, the chief executive might make an electronic copy of the list available on a website.
Note 1	An executive document becomes an accessible executive document on its earliest release day (see dict, defs of accessible executive document and earliest release day).
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	The chief executive must also arrange for any release restraint determination to be listed in relation to the relevant executive document while the determination is in force.
	(3)	The entry on the list for any release restraint determination must include a notice in accordance with a reviewable decision notice.
7	Availability of released documents
	(1)	On request by a person, the chief executive must, without charge, give the person a copy of an accessible executive document as soon as practicable after receiving the request, unless—
	(a)	the chief executive has decided, or decides, to make a release restraint determination about the document (see section 8 (Release delayed or denied)); and
	(b)	the release restraint determination is in force.
	(2)	If a release restraint determination about the document is in force, the chief executive must, without charge—
	(a)	for any part of the document to which the determination does not apply—give the person a copy of the part as soon as practicable after receiving the request; and
	(b)	for any part of the document to which the determination applies—
	(i)	if the request is made before the later release day for the part—refuse the request; or
	(ii)	if the request is made on or after the later release day for the part—give the person a copy of the part as soon as practicable after receiving the request.
	(3)	However, the chief executive must refuse a request for a copy of a part of a document if—
	(a)	a release restraint determination is in force determining the part to contain protected private information; and
	(b)	the determination provides that the part is not to be released at all.
	(4)	Despite subsections (2) (b) (i) and (3), the chief executive must give a person a copy of a part of the document as soon as practicable after receiving the request if—
	(a)	a release restraint determination is in force determining the part to contain protected private information; and
	(b)	either—
	(i)	the protected private information relates to that person, and that person only; or
	(ii)	if the person to which the information relates is dead—the person requesting the copy is the dead person’s legal personal representative.
Example
If the protected private information relates to a number of people, and is made jointly by all those people, or by a person with the authority of all those people, subsection (4) (b) would apply to allow the request to be granted.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(5)	If the chief executive has made a release restraint determination about the document that is in force, the chief executive must (whether or not the chief executive gives the person a copy of any part of the document), as soon as practicable after receiving the request, give the person—
	(a)	a copy of the determination; and 
	(b)	if the determination was made after the request was received—a copy of the notice about the determination mentioned in section 6 (3).
8	Release delayed or denied
	(1)	Before giving a copy of an accessible executive document to a person under section 7, the chief executive must assess whether it contains information that would, at the time of the assessment, make it an exempt document under the Freedom of Information Act 1989, part 4 (Exempt documents), other than section 35 (Executive documents).
	(2)	The chief executive may (by a release restraint determination) determine—
	(a)	that any part of the document containing the information is only to be released on or after the later release day; or
	(b)	for any information (protected private information) that would, at the time of the assessment, make it an exempt document under the Freedom of Information Act 1989, section 41 (Documents affecting personal privacy)—
	(i)	that the part containing the information is only to be released on or after the later release day; or
	(ii)	that the part containing the information is not to be released at all.
	(3)	The determination must state the reasons for making the determination.
	(4)	Unless the determination states that the relevant part of the document is not to be released at all (see subsection (2) (b) (ii)), it—
	(a)	may determine a day for subsection (7) (a), by stating a particular day or providing a way of working out the day; and
	(b)	must explain how the later release day for the document is worked out under subsection (7).
	(5)	A copy of the determination must be kept with the document.
	(6)	The determination commences on the day it is made.
	(7)	The later release day for a part of the document is the earliest of the following:
	(a)	the determined day (if any) under subsection (4) (a);
	(b)	the day 5 years after the document’s earliest release day;
	(c)	the next 1 July after the end of 20 years after the document’s submission day;
	(d)	if the determination ceases to be in force—the day it ceases to be in force.
Note	The chief executive may, by instrument, change or revoke a release restraint determination at any time after its making. The power to change or revoke the determination is exercisable in the same way, and subject to the same conditions, as the power to make the determination. (See Legislation Act, s 46.)
9	Freedom of Information Act access not prevented
The Act must not be interpreted as restricting any right of access to information under the Freedom of Information Act 1989.
10	Review by ACAT
	(1)	A person whose interest are affected by a release restraint determination may apply to the ACAT for review of the determination.
Note	If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.
	(2)	The chief executive must give notice of a release restraint determination to each person whose interests are affected by the determination.
	(3)	The notice must be in accordance with a reviewable decision notice.
Note	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
11	No liability for complying with Act
The Territory is not liable to any person for anything done honestly to comply with this Act.
12	Regulation-making power
The Executive may make regulations for this Act.
Note	A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACAT
·	chief executive
·	document
·	Executive
·	reviewable decision notice
·	Speaker
·	the Territory.
accessible executive document means an executive document (or part of an executive document) on or after its earliest release day.
Assembly means the Legislative Assembly or a committee of the Legislative Assembly nominated by the Speaker for this Act.
earliest release day, for an executive document, means the later of the following days:
	(a)	the next 1 July after the end of 10 years after the document’s submission day;
	(b)	1 July 2001.
Example
If an executive document’s submission day was 1 May 1997, its earliest release day is 1 July 2007.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Executive includes a committee of the Executive.
executive document means—
	(a)	an official record of a meeting of the Executive; or
	(b)	a document that was—
	(i)	formally submitted by a Minister to a meeting of the Executive for its consideration in relation to a matter on the official record; and
	(ii)	created for that purpose; or
	(c)	part of a document mentioned in paragraph (a) or (b).
later release day—see section 8 (7) (Release delayed or denied). 
protected private information—see section 8 (2) (b).
release restraint determination—see section 8 (2).
submission day, of an executive document, means the day of the meeting of the Executive to which the document relates.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	

3	Legislation history
Executive Documents Release Act 2001 No 53
notified 12 July 2001 (Gaz 2001 No 28)
s 1, s 2 commenced 12 July 2001 (IA s 10B)
remainder (ss 3-12) commenced 19 July 2001 (Gaz 2001 No 29)
as amended by
Statute Law Amendment Act 2002 No 30 pt 3.24
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.24 commenced 17 September 2002 (s 2 (1))
Statute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.16
notified LR 6 December 2007
s 1, s 2 commenced 6 December 2007 (LA s 75 (1))
sch 3 pt 3.16 commenced 27 December 2007 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.22
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.22 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
as repealed by
Territory Records Amendment Act 2010 A2010-48 s 29
notified LR 25 November 2010
s 1, s 2 commenced 25 November 2010 (LA s 75 (1))
s 29 commenced 26 November 2010 (s 2)
4	Amendment history
Commencement
s 2	om R1 (LA s 89 (4))
Dictionary
s 3	defs reloc to dict 2002 No 30 amdt 3.362
	sub 2002 No 30 amdt 3.363
List of released executive documents must be published
s 6	am A2008-36 amdt 1.262
Review by AAT
s 10	sub A2007-39 amdt 3.53; A2008-36 amdt 1.263
No liability for complying with Act
s 11	am 2002 No 30 amdt 3.364
Regulation-making power
s 12 hdg	sub 2002 No 30 amdt 3.365
Dictionary
dict	ins 2002 No 30 amdt 3.366
	am A2008-36 amdt 1.264
	def accessible executive document reloc from s 3 2002 No 30 amdt 3.362
	def Assembly reloc from s 3 2002 No 30 amdt 3.362
	def earliest release day reloc from s 3 2002 No 30 amdt 3.362
	def Executive reloc from s 3 2002 No 30 amdt 3.362
	def executive document reloc from s 3 2002 No 30 amdt 3.362
	def later release day reloc from s 3 2002 No 30 amdt 3.362
	def protected private information reloc from s 3 2002 No 30 amdt 3.362
	def release restraint determination reloc from s 3 2002 No 30 amdt 3.362
	def submission day reloc from s 3 2002 No 30 amdt 3.362
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
19 July 2001	19 July 2001–
16 Sept 2002	not amended	new Act	
R2
23 Sept 2002	17 Sept 2002–
26 Dec 2007	A2002-30	amendments by A2002-30	
R3
27 Dec 2007	27 Dec 2007–
1 Feb 2009	A2007-39	amendments by A2007-39	
R4
2 Feb 2009	2 Feb 2009–
25 Nov 2010	A2008-36	amendments by A2008-36	

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