2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Freedom of Information Amendment Bill 2011

Contents
	Page
	
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Object
New section 2 (1) (c)	2
	5	New sections 10A to 10C	3
	6	Part 4	5
	7	Protection against certain actions
Section 77 (1)	21
	8	Section 77 (2) and (3)	21
	9	New parts 9 and 10	22
	10	Dictionary, new definition of conditionally exempt	23
	11	Dictionary, new definition of exempt	24
	12	Dictionary, definition of exempt document, paragraph (a)	24
Schedule 1	Consequential amendments	25
Part 1.1	Children and Young People Act 2008	25
Part 1.2	Crimes (Restorative Justice) Act 2004	25
Part 1.3	Freedom of Information Act 1989	25
Part 1.4	Gene Technology Act 2003	32
Part 1.5	Territory Records Act 2002	32

2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Freedom of Information Amendment Bill 2011

A Bill for
An Act to amend the Freedom of Information Act 1989, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Freedom of Information Amendment Act 2011.
2	Commencement
This Act commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
3	Legislation amended
This Act amends the Freedom of Information Act 1989.
Note	This Act also amends the following legislation (see sch 1):
·	Children and Young People Act 2008
·	Crimes (Restorative Justice) Act 2004
·	Gene Technology Act 2003
·	Territory Records Act 2002.
4	Object
New section 2 (1) (c)
insert
	(c)	recognising that information held by the Territory is to be managed for public purposes, and is a Territory resource.
5	New sections 10A to 10C
insert
10A	Access to documents on request
	(1)	This section applies if a person makes a request under section 14 (Requests for access) to an agency or Minister for access to—
	(a)	a document of the agency; or
	(b)	an official document of the Minister.
	(2)	The agency or Minister must give the person access to the document in accordance with this Act.
	(3)	The agency or Minister is not required to give the person access to the document at a particular time if, at that time, the document is an exempt document.
	(4)	The agency or Minister must give the person access to the document if it is conditionally exempt at a particular time unless access to the document at that time would, on balance, be contrary to the public interest.
	(5)	Despite subsection (4), the agency or Minister is not required to give access to the document at a particular time if, at that time, the document is both—
	(a)	a conditionally exempt document; and
	(b)	an exempt document within the dictionary meaning of exempt document, paragraph (b) or (c).
10B	Public interest exemptions—factors
	(1)	This section applies for working out whether access to a conditionally exempt document would, on balance, be contrary to the public interest under section 10A (4).
	(2)	Factors favouring access to the document in the public interest include whether access to the document would do any of the following:
	(a)	promote the objects of this Act;
	(b)	inform debate on a matter of public importance;
	(c)	promote effective oversight of public expenditure;
	(d)	allow a person to access his or her personal information.
	(3)	The following factors must not be taken into account in deciding whether access to the document would, on balance, be contrary to the public interest:
	(a)	access to the document could result in embarrassment to the government, or cause a loss of confidence in the government;
	(b)	access to the document could result in a person misinterpreting or misunderstanding the document;
	(c)	the author of the document was (or is) of high seniority in the agency to which the request for access to the document was made;
	(d)	access to the document could result in confusion or unnecessary debate.
	(4)	This section does not limit section 10A (4).
10C	Publication of information in accessed documents
	(1)	This section applies to information if an agency or Minister gives a person access under section 10A to a document containing the information, unless the information is—
	(a)	personal information about a person and it would be unreasonable to publish the information; or
	(b)	information about the business, commercial, financial or professional affairs of a person and it would be unreasonable to publish the information; or
	(c)	any other information and it is not reasonably practicable to publish the information under this section because of the extent of any modifications to a document (or documents) necessary to delete information mentioned in paragraphs (a) and (b).
	(2)	The agency, or the Minister, must publish the information on a website by—
	(a)	making the information available for downloading from the website; or
	(b)	publishing on the website a link to another website, from which the information can be downloaded; or
	(c)	publishing on the website other details of how the information may be obtained.
	(3)	The agency or Minister must publish the information within 15 working days after the day the person is given access to the document.
6	Part 4
substitute
Part 4	Exempt documents
Division 4.1	Preliminary
31A	Meaning of exempt—pt 4
For this part, a document is exempt if—
	(a)	it is an exempt document under division 4.2; or
	(b)	it is conditionally exempt under division 4.3 and access to it would, on balance, be contrary to the public interest under section 10A (4).
32	Exemptions do not limit each other
A provision of this part under which a document is an exempt document—
	(a)	must not be taken as limited in its scope or operation in any way by any other provision of this part; and
	(b)	must not be taken as not applying to a particular document because another provision of this part also applies to the document.
Division 4.2	Exemptions—general
33	Executive documents
	(1)	A document is an exempt document if—
	(a)	it—
	(i)	was created for the purpose of submission to the Executive for its consideration; and
	(ii)	has been submitted, or is proposed by a Minister to be submitted, to the Executive for its consideration; or
	(b)	it is an official record of the Executive; or
	(c)	it is a document that is a copy of, or of a part of, or contains an extract from, a document mentioned in paragraph (a) or (b); or
	(d)	disclosure of the document would disclose a deliberation or decision of the Executive and it is not a document officially publishing a decision of the Executive.
Note	Access to the Cabinet notebook is excluded under s 11 (2).
	(2)	This section does not apply to a document mentioned in subsection (1) (a), (b) or (c) to the extent that the document contains purely factual material unless—
	(a)	the disclosure of the document under this Act would disclose a deliberation or decision of the Executive; and
	(b)	the fact of that deliberation or decision has not been officially published.
	(3)	In this section:
Executive includes a committee of the Executive.
34	Documents affecting enforcement of the law and protection of public safety
	(1)	A document is an exempt document if its disclosure under this Act would, or could reasonably be expected to—
	(a)	prejudice the conduct of an investigation of—
	(i)	a breach, or possible breach, of the law; or 
	(ii)	a failure, or possible failure, to comply with a law relating to taxation; or 
	(b)	prejudice the enforcement or proper administration of the law in a particular instance; or
	(c)	disclose, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to the enforcement or administration of the law; or
	(d)	endanger the life or physical safety of a person.
	(2)	A document is an exempt document if its disclosure under this Act would, or could reasonably be expected to—
	(a)	prejudice the fair trial of a person or the impartial adjudication of a particular case; or
	(b)	disclose lawful methods or procedures for preventing, detecting, investigating, or dealing with matters arising out of breaches or evasions of the law the disclosure of which would, or could reasonably be expected to, prejudice the effectiveness of those methods or procedures; or
	(c)	prejudice the maintenance or enforcement of lawful methods for the protection of public safety.
	(3)	In this section:
law means a law in force in Australia.
35	Documents affecting national security, defence or international relations
	(1)	A document is an exempt document if its disclosure under this Act—
	(a)	would, or could reasonably be expected to, cause damage to—
	(i)	the security of the Commonwealth, the Territory or a State; or
	(ii)	the defence of the Commonwealth, the Territory or a State; or
	(iii)	the international relations of the Commonwealth; or
	(b)	would divulge any information or matter communicated in confidence by or for a foreign government, an authority of a foreign government or an international organisation to—
	(i)	the government of the Commonwealth or Territory; or
	(ii)	an authority of the Commonwealth or Territory; or
	(iii)	a person receiving the communication on behalf of the Commonwealth or Territory or of an authority of the Commonwealth or Territory.
	(2)	If a Minister is satisfied that a document is an exempt document under subsection (1), the Minister may sign a certificate to that effect stating the reason and, subject to part 7, the certificate, while in force, establishes conclusively that the document is an exempt document.
	(3)	If a Minister is satisfied that a document is an exempt document under subsection (1) only because of matter contained in a particular part of the document, a certificate under subsection (2) in relation to the document must identify the part of the document containing the matter.
	(4)	If a Minister is satisfied that information about the existence or non‑existence of a document described in a request would, if contained in a document of an agency, cause the document to be an exempt document under subsection (1), the Minister may sign a certificate to that effect, stating the reason.
Note 1	A Minister may delegate the Minister’s functions under an Act or statutory instrument to anyone else (see Legislation Act, s 254A).
Note 2 	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
	(5)	In this section:
security of the Commonwealth, the Territory or a State includes—
	(a)	matters relating to the detection, prevention or suppression of activities, whether within or outside Australia, subversive of or hostile to the interests of the Commonwealth, the Territory or a State or of any country allied or associated with the Commonwealth; and
	(b)	the security of any communications system or cryptographic system of the Commonwealth, the Territory, a State or another country used for—
	(i)	the defence of the Commonwealth, the Territory or a State or of any country allied or associated with the Commonwealth; or
	(ii)	the conduct of the international relations of the Commonwealth.
36	Documents to which secrecy provisions of enactments apply
A document is an exempt document if an enactment is in force applying specifically to information of a kind contained in the document and prohibiting people referred to in the enactment from disclosing information of that kind, whether the prohibition is absolute or is subject to exceptions or qualifications.
37	Documents subject to legal professional privilege
	(1)	A document is an exempt document if it would be privileged from production in a legal proceeding on the ground of legal professional privilege.
	(2)	A document is not an exempt document under this section if the person entitled to claim legal professional privilege in relation to the production of the document in a legal proceeding waives that claim.
	(3)	A document mentioned in section 8 (1) is not an exempt document under this section only because the document includes matter that is used or is to be used for making decisions or recommendations mentioned in section 8 (1).
38	Documents containing material obtained in confidence
	(1)	A document is an exempt document if its disclosure under this Act would be a breach of confidence.
	(2)	Subsection (1) does not apply to a document to which section 43 (1) (Public interest conditional exemptions—deliberative processes) applies (or would apply but for section 43 (2) or (3)) that is prepared by a relevant person for purposes relating to the affairs of an agency or the official affairs of a Minister unless the disclosure would be a breach of confidence owed to a person or body other than—
	(a)	a Minister, member of the staff of a Minister or officer of an agency; or
	(b)	an agency or the Territory.
	(3)	In this section:
relevant person means—
	(a)	a Minister; or
	(b)	a member of the staff of a Minister or an officer of an agency in the course of the member’s or officer’s duties; or
	(c)	a prescribed authority in the exercise of its functions.
39	Documents disclosure of which would be contempt of Legislative Assembly or court
A document is an exempt document if public disclosure of the document would, apart from this Act and any immunity of the Crown—
	(a)	be in contempt of court; or
	(b)	be contrary to an order made or discretion given by a royal commission or by a tribunal or other person or body having power to take evidence on oath; or
	(c)	infringe the privileges of the Legislative Assembly, of the Commonwealth parliament, of the parliament of a State or of a house of the parliament of a State or of the Legislative Assembly of the Northern Territory.
40	Documents disclosing trade secrets or commercially valuable information 
	(1)	A document is an exempt document if its disclosure under this Act would disclose—
	(a)	trade secrets; or
	(b)	any other information having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed.
	(2)	Subsection (1) does not apply to a request by a person for access to a document—
	(a)	only because the document includes information about the person’s business or professional affairs; or
	(b)	only because the document includes information about the business, commercial or financial affairs of an undertaking if the person making the request is the proprietor of the undertaking or a person acting on behalf of the proprietor; or
	(c)	only because the document includes information about the business, commercial or financial affairs of an organisation if the person making the request is the organisation or a person acting on behalf of the organisation.
	(3)	In this section:
undertaking includes an undertaking that is carried on by, or by an authority of, the Territory, the Commonwealth, a State or by a local government authority.
41	Electoral rolls and related documents
	(1)	In this section:
electoral roll means—
	(a)	a roll of electors kept under the Electoral Act 1992; or
	(b)	a roll extract within the meaning of the Electoral Act 1992.
	(2)	A reference in this section to an electoral roll in electronic form is a reference to a disk or tape from which the information contained in the roll may be reproduced by mechanical, electronic or other means.
	(3)	Subject to subsection (4), each of the following documents is an exempt document:
	(a)	an electoral roll, whether in printed or electronic form or on microfiche or microfilm;
	(b)	a copy of a document mentioned in paragraph (a);
	(c)	a document setting out particulars of only 1 enrolled person that was used in keeping an electoral roll;
	(d)	a copy of a document mentioned in paragraph (c);
	(e)	a document containing only copies mentioned in paragraph (d);
	(f)	a document derived from an electoral roll setting out particulars of enrolled people.
	(4)	A document mentioned in subsection (3) is not an exempt document in relation to a person to the extent that it sets out only the particulars of the person.
Division 4.3	Public interest conditional exemptions
42	Public interest conditional exemptions—relations with Commonwealth and States 
A document is conditionally exempt if disclosure of the document under this Act—
	(a)	would, or could reasonably be expected to, cause damage to relations between the Territory and the Commonwealth or the Territory and a State; or
	(b)	would divulge information or matter communicated in confidence by or on behalf of the Commonwealth, a State or an authority of the Commonwealth or of a State to the Territory, to a Territory authority or to a person receiving the communication on behalf of the Territory or of a Territory authority.
Note	Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see s 10A).
43	Public interest conditional exemptions—deliberative processes 
	(1)	Subject to this section, a document is conditionally exempt if its disclosure under this Act would disclose matter in the nature of, or relating to, opinion, advice or recommendation obtained, prepared or recorded, or consultation or deliberation that has taken place, in the course of, or for the deliberative processes involved in the functions of an agency or Minister or of the Territory.
	(2)	For a document mentioned in section 8 (1), the matter mentioned in this section, subsection (1) does not include matter that is used or to be used for the making of decisions or recommendations mentioned in section 8 (1).
	(3)	This section does not apply to a document only because it contains purely factual material.
	(4)	This section does not apply to—
	(a)	reports (including reports concerning the results of studies, surveys or tests) of scientific or technical experts, whether employed within an agency or not, including reports expressing the opinions of the experts on scientific or technical matters; or
	(b)	reports of a prescribed body or organisation established within an agency; or
	(c)	the record of, or a formal statement of the reasons for, a final decision given in the exercise of a power or of an adjudicative function.
	(5)	If a decision is made under part 3 that an applicant is not entitled to access to a document because of this section, the notice under section 25 must state the ground of public interest on which the decision is based.
Note	Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see s 10A).
44	Public interest conditional exemptions—financial or property interests of the Territory 
A document is conditionally exempt if its disclosure under this Act would have a substantial adverse effect on the financial or property interests of the Territory or an agency.
Note	Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see s 10A).
45	Public interest conditional exemptions—certain operations of agencies 
A document is conditionally exempt if its disclosure under this Act would, or could reasonably be expected to—
	(a)	prejudice the effectiveness of procedures or methods for the conduct of tests, examinations or audits by an agency; or
	(b)	prejudice the attainment of the objects of particular tests, examinations or audits conducted or to be conducted by an agency; or
	(c)	have a substantial adverse effect on the management or assessment of personnel by the Territory or an agency; or
	(d)	have a substantial adverse effect on the proper and efficient conduct of the operations of an agency; or
	(e)	have a substantial adverse effect on the conduct by or on behalf of the Territory or an agency of industrial relations.
Note	Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see s 10A).
46	Public interest conditional exemptions—personal privacy 
	(1)	A document is conditionally exempt if its disclosure under this Act would involve the unreasonable disclosure of personal information about any person (including a deceased person).
	(2)	In deciding whether the disclosure of the document would involve the unreasonable disclosure of personal information, an agency or Minister must consider the following:
	(a)	how well known the information is;
	(b)	whether the person the information relates to is known to be or  have been associated with the matters dealt with in the document;
	(c)	the availability of the information from publicly accessible sources; 
	(d)	the Human Rights Act 2004, section 12 (a);
	(e)	any other matters the agency or Minister considers relevant.
	(3)	Subject to subsection (5), subsection (1) does not apply to a request by a person for access to a document only because the document includes matter relating to the person.
	(4)	Subsection (5) applies if—
	(a)	a request is made to an agency or Minister for access to a document of the agency or an official document of the Minister; and
	(b)	the document contains information about the applicant that was provided by a qualified person acting in his or her capacity as a qualified person; and
	(c)	it appears to the principal officer of the agency or Minister that the disclosure of the information to the applicant might be prejudicial to the physical or mental health or wellbeing of the applicant.
	(5)	The principal officer or Minister may, if access to the document would otherwise be given to the applicant, direct that access to the document, so far as it contains that information, is not to be given to the applicant but is to be given instead to a qualified person of the same kind nominated by the applicant.
	(6)	In this section:
qualified person means a person entitled to and carrying on an occupation that provides care for the physical or mental health of people or for their wellbeing, including the following:
	(a)	a medical practitioner;
	(b)	a psychiatrist;
	(c)	a psychologist;
	(d)	a counsellor; 
	(e)	a social worker.
Note	Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see s 10A).
47	Public interest conditional exemptions—business 
	(1)	A document is conditionally exempt if its disclosure under this Act—
	(a)	would disclose information about a person in relation to the person’s business or professional affairs or about the business, commercial or financial affairs of an organisation or undertaking; and
	(b)	either—
	(i)	the disclosure of the information would, or could reasonably be expected to, unreasonably affect the person adversely in relation to his or her lawful business or professional affairs or the organisation or undertaking in its lawful business, commercial or financial affairs; or
	(ii)	the disclosure of the information could reasonably be expected to prejudice the future supply of information to the Territory or an agency for the administration of a law or the administration of matters administered by an agency.
	(2)	This section does not apply to information that section 40 (Documents disclosing trade secrets or commercially valuable information) applies to.
	(3)	Subsection (1) does not apply to a request by a person for access to a document—
	(a)	only because the document includes information about the person’s business or professional affairs; or
	(b)	only because the document includes information about the business, commercial or financial affairs of an undertaking if the person making the request is the proprietor of the undertaking or a person acting on behalf of the proprietor; or
	(c)	only because the document includes information about the business, commercial or financial affairs of an organisation if the person making the request is the organisation or a person acting on behalf of the organisation.
	(4)	For this section, information is not taken to be about a person in relation to the person’s professional affairs only because it is information about the person’s status as a member of a profession.
	(5)	In this section:
undertaking includes an undertaking that is carried on by, or by an authority of, the Territory, the Commonwealth, a State or by a local government authority.
Note	Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see s 10A).
47A	Public interest conditional exemptions—the economy 
	(1)	A document is conditionally exempt if its disclosure under this Act would, or could reasonably be expected to, have a substantial adverse effect on the Territory’s economy by—
	(a)	influencing a decision or action of a person or entity; or
	(b)	giving a person an undue benefit or detriment in relation to business carried on by the person, by providing premature knowledge of proposed or possible action or inaction of a person or entity.
Note 1	Words in the singular number include the plural and words in the plural number include the singular (see Legislation Act, s 145 (b))
Note 2	A person includes a body corporate and a body politic (see Legislation Act, s 160 and dict, pt 1, def corporation).
	(2)	For subsection (1), a substantial adverse effect on the economy of the Territory includes a substantial adverse effect on—
	(a)	a particular sector of the economy; or
	(b)	the economy of a particular region of the Territory.
	(3)	The documents to which subsection (1) applies include, but are not limited to, documents containing matter relating to—
	(a)	a fee or charge; or
	(b)	any kind of tax or duty; or
	(c)	proposals for expenditure; or
	(d)	investment in the Territory from outside of Australia; or	
	(e)	borrowings or proposals to borrow by the Territory or an agency.
Note	Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see s 10A).
7	Protection against certain actions
Section 77 (1)
omit
defamation, breach of confidence or infringement of copyright
substitute
defamation or breach of confidence
8	Section 77 (2) and (3)
substitute
	(2)	Also, no action for defamation or breach of confidence lies against the Territory, an agency, a Minister or an officer because of—
	(a)	the publication of a document in the honest belief that the publication is required under section 10C; or
	(b)	the publication of, or giving of access to, a document in the honest belief that the publication or access is required or permitted otherwise than under this Act (whether or not under an express legislative power).
	(3)	The giving of access to a document (including an exempt document) because of a request is not taken to be an authorisation or approval of the publication of the document or its contents by the person to whom access is given. 
9	New parts 9 and 10
insert
Part 9	Transitional—Freedom of Information Amendment Act 2011
100	Application of amendments
The amendments made by the Freedom of Information Amendment Act 2011 apply in relation to requests for access made under section 14 that are received on or after the day the amendments commence.
101	Transitional regulations
	(1)	A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Freedom of Information Amendment Act 2011.
	(2)	A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
	(3)	A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.
102	Expiry—pt 9
This part expires 1 year after the day it commences.
Note	Transitional provisions are kept with the original provisions for a limited time to ensure people are aware of them.  However, the expiry of a transitional provision does not end its effect (see Legislation Act, s 88).
Part 10	Revocation of certain conclusive certificates
103	Revocation of certain conclusive certificates
	(1)	This section applies to a certificate that was—
	(a)	signed by the Minister under one of the following provisions in force before the commencement of the Freedom of Information Amendment Act 2009:
	(i)	section 34 (2) (Documents affecting relations with  Commonwealth and States);
	(ii)	section 35 (4) (Executive documents);
	(iii)	section 36 (3) (Internal working documents); and
	(b)	in force immediately before the commencement of the Freedom of Information Amendment Act 2009.
	(2)	The certificate is revoked.
104	Expiry—pt 10
This part expires on the day it commences.
10	Dictionary, new definition of conditionally exempt
insert
conditionally exempt—a document is conditionally exempt if division 4.3 (Public interest conditional exemptions) applies to the document.
Note	Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see s 10A).
11	Dictionary, new definition of exempt
insert
exempt, for part 4 (Exempt documents)—see section 31A.
12	Dictionary, definition of exempt document, paragraph (a)
substitute
	(a)	a document that is exempt for part 4 (see section 31A); or

Schedule 1	Consequential amendments
(see s 3)
Part 1.1	Children and Young People Act 2008
[1.1]	Section 848, note, first dot point
substitute
·	Freedom of Information Act 1989, s 10A (Access to documents on request) and s 36 (Documents to which secrecy provisions of enactments apply)
Part 1.2	Crimes (Restorative Justice) Act 2004
[1.2]	Section 64 (6), note
omit
s 38
substitute
s 36
Part 1.3	Freedom of Information Act 1989
[1.3]	Section 6B (5), definition of excepted provisions
substitute
excepted provisions means the following provisions:
	(a)	section 34 (Documents affecting enforcement of the law and protection of public safety);
	(b)	section 37 (Documents subject to legal professional privilege);
	(c)	section 39 (Documents disclosure of which would be contempt of Legislative Assembly or court);
	(d)	section 42 (Public interest conditional exemptions—relations with Commonwealth and States);
	(e)	section 46 (Public interest conditional exemptions—personal privacy).
[1.4]	Section 24 (1)
omit
exempt document under section 34, section 37 (1) or section 37A.
substitute
exempt document under—
	(a)	section 34 (1) (Documents affecting enforcement of the law and protection of public safety); or
	(b)	section 35 (Documents affecting national security, defence or international relations); or
	(c)	section 42 (Public interest conditional exemptions—relations with Commonwealth and States).
[1.5]	Section 24 (2)
omit 
section 34, section 37 (1) or section 37A
substitute
section 34 (1),  section 35 or section 42
[1.6]	Section 24 (2) (b)
omit 
section 34 or 37 (1).
substitute
section 34 (1) or section 42.
[1.7]	Section 26 (1) and (2)
omit
section 34
substitute
section 42
[1.8]	Section 27 (1) and (2)
omit
section 43
substitute
section 40 or section 47
[1.9]	Section 27A (1) 
omit
section 41 (Documents affecting personal privacy)
substitute
section 46 (Public interest conditional exemptions—personal privacy)
[1.10]	Section 27A (2) to (4)
omit
section 41 
substitute
section 46 
[1.11]	Section 58 (a)
omit
section 37A (4)
substitute
section 35 (4)
[1.12]	Section 58 (b)
omit
section 34, section 35 or section 37A
substitute
section 35
[1.13]	Section 60 (1) (a)
omit
, not being a decision under section 33,
[1.14]	Section 62 (3) to (5)
omit
section 37A
substitute
section 35
[1.15]	Section 63 (2)
omit
section 37A
substitute
section 35
[1.16]	Section 63 (5)  
omit
section 34, section 35, section 36 or section 37A
substitute
section 33, section 35, section 42 or section 43
[1.17]	Section 63 (6)
omit
section 34, section 35 or section 37A
substitute
section 33, section 35 or section 42
[1.18]	Section 63 (8)
omit
section 37A
substitute
section 35
[1.19]	Section 63 (9), definition of appropriate Minister
omit
section 37A
substitute
section 35
[1.20]	Section 65 (2) (a) (iv) and (v)
omit
section 37A
substitute
section 35
[1.21]	Section 67 (1)
omit
section 37A
substitute
section 35
[1.22]	Section 68 (1)
omit
section 34
substitute
section 42
[1.23]	Section 69 (1)
omit
section 43
substitute
section 40 or section 47
[1.24]	Section 69A (1) (b)
omit
section 41 (Documents affecting personal privacy)
substitute
section 46 (Public interest conditional exemptions—personal privacy)
[1.25]	Section 74 (4) and (5)
omit
section 37A
substitute
section 35
[1.26]	Section 75
omit
section 37A
substitute
section 35
Part 1.4	Gene Technology Act 2003
[1.27]	Section 187 (4)
omit
section 43 (Documents relating to business affairs etc) applies
substitute
section 40 (Documents disclosing trade secrets or commercially valuable information) and section 47 (Public interest conditional exemptions—business) apply
Part 1.5	Territory Records Act 2002
[1.28]	Section 21 (2)
omit
section 34 (1) or 37
substitute
section 34 or section 42 
[1.29]	Section 21 (2), note
substitute
Note	The FOI Act, s 34 deals with documents affecting enforcement of the law and protection of public safety and s 42 deals with documents affecting relations with the Commonwealth and States.
[1.30]	Section 28 (2) (a) to (e)
substitute
	(a)	section 34 (Documents affecting enforcement of the law and protection of public safety);
	(b)	section 37 (Documents subject to legal professional privilege);
	(c)	section 39 (Documents disclosure of which would be contempt of Legislative Assembly or court);
	(d)	section 42 (Public interest conditional exemptions—relations with Commonwealth and States);
	(e)	section 46 (Public interest conditional exemptions—personal privacy).
[1.31]	Section 31G (1)
omit
section 35
substitute
section 33
[1.32]	Section 31G (2) (b)
omit
section 41 (Documents affecting personal privacy)
substitute
section 46 (Public interest conditional exemptions—personal privacy)

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2011.
2	Notification
	Notified under the Legislation Act on	2011.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2011