Australian Capital Territory
Freedom of Information Regulation 1991    
SL1991-3
made under the
Freedom of Information Act 1989
Republication No 12
Effective:  10 November 2016 – 31 December 2017
Republication date: 10 November 2016
Last amendment made by SL2016‑32

About this republication
The republished law
This is a republication of the Freedom of Information Regulation 1991, made under the Freedom of Information Act 1989 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 10 November 2016.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 10 November 2016.  
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, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
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 the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Freedom of Information Regulation 1991
made under the
Freedom of Information Act 1989
    
Contents
	Page
	1	Name of regulation	2
	1A	Dictionary	2
	1B	Notes	2
	2	Prescribed authorities	2
	2A	Prescribed authorities—tribunals etc—Act, s 5 (1), (2) and (3)	3
	2B	Regulator and Board not prescribed authorities—Act, dict, def prescribed authority, par (a) (ii)	3
	3	Exemption of bodies and agencies in relation to documents	3
Schedule 1	Prescribed authorities	4
Schedule 1A	Prescribed authorities—tribunals etc	5
Schedule 2	Agencies exempt in respect of particular documents	6
Dictionary		8
Endnotes
	1	About the endnotes	9
	2	Abbreviation key	9
	3	Legislation history	10
	4	Amendment history	12
	5	Earlier republications	13

Australian Capital Territory
Freedom of Information Regulation 1991     

made under the
Freedom of Information Act 1989

    

  

1	Name of regulation
This regulation is the Freedom of Information Regulation 1991.
1A	Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1	The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘non-presidential member—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.’ means that the term ‘non-presidential member’ is defined in that Act and the definition applies to this regulation.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
1B	Notes
A note included in this regulation is explanatory and is not part of this regulation.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
2	Prescribed authorities
For the Act, dictionary, definition of prescribed authority, paragraph (b), a body specified in schedule 1 is declared to be a prescribed authority for the Act.
2A	Prescribed authorities—tribunals etc—Act, s 5 (1), (2) and (3)
	(1)	A tribunal, authority or body mentioned in schedule 1A, column 2 is a prescribed authority for the Act. 
	(2)	The holder of an office mentioned in column 3 in relation to a tribunal, authority or body is not a prescribed authority for the Act.
	(3)	A registry or other office, and the staff of the registry or other office, mentioned in column 4 in relation to a tribunal, authority or body are taken to be part of the tribunal, authority or body.
2B	Regulator and Board not prescribed authorities—Act, dict, def prescribed authority, par (a) (ii)
	(1)	The Regulator and Board are not prescribed authorities.
	(2)	In this section:
Board—see the Heavy Vehicle National Law (ACT), section 5.
Regulator—see the Heavy Vehicle National Law (ACT), section 5.
3	Exemption of bodies and agencies in relation to documents
For the Act, section 6 (4), an agency specified in schedule 2 is exempt from the operation of the Act in relation to the documents mentioned in the schedule in relation to the agency.

Schedule 1	Prescribed authorities
(see s 2)
ACTTAB Limited

Schedule 1A	Prescribed authorities—tribunals etc
(see s 2A)
column 1
item	column 2
tribunal, authority or body	column 3
holder of office of tribunal authority or body	column 4
registry or other office of tribunal, authority or body	
1	ACAT	presidential member, non‑presidential member 	registry of ACAT	

Schedule 2	Agencies exempt in respect of particular documents
(see s 3)
1	ACTTAB Limited in relation to documents in relation to its competitive commercial activities
2	The government solicitor, in relation to documents of the government solicitor that relate to the government solicitor acting as legal practitioner under the Law Officers Act 2011.
3	The Justice and Community Safety Directorate, in relation to documents of the government solicitor mentioned in item 2.
4	The solicitor-general—
	(a)	in relation to documents of the solicitor‑general that relate to the solicitor-general’s functions as counsel under the Law Officers Act 2011; and
	(b)	if exercising the chief solicitor’s functions—in relation to documents of the government solicitor that relate to the government solicitor acting as legal practitioner under that Act.
Note	Under the Law Officers Act 2011, s 17 (1) (c), the Attorney‑General may direct the solicitor-general to exercise the chief solicitor’s functions.
5	The Justice and Community Safety Directorate, in relation to documents of the solicitor-general mentioned in item 4.
6	The Justice and Community Safety Directorate in relation to documents relating to a court unless the documents relate to matters of an administrative nature.
7	The auditor-general in relation to documents of the auditor-general that relate to functions given to the auditor-general under the Auditor-General Act 1996.
8	The Justice and Community Safety Directorate in relation to documents given or produced in relation to the independent inquiry into the management of the custody and care of detainee Steven Freeman at the Alexander Maconochie Centre, conducted by Mr Philip Moss AM, unless the documents relate to matters of an administrative nature.

Dictionary
(see s 1A)
Note 1	The Legislation Act contains definitions and other provisions relevant to this regulation.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACAT
·	body.
non-presidential member—see the ACT Civil and Administrative Tribunal Act 2008, dictionary. 
presidential member—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.

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 are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
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
This regulation was originally the Freedom of Information Regulations.  It was renamed under the Legislation Act 2001.
Before 12 September 2001, regulations commenced on their notification day unless otherwise stated (see Subordinate Laws Act 1989 s 6).
Freedom of Information Regulation 1991 SL1991‑3
notified 13 February 1991 (Gaz 1991 No 6)
commenced 13 February 1991
as amended by
Freedom of Information Amendment Regulation 2006 (No 1) SL2006‑56
notified LR 14 December 2006
s 1, s 2 commenced 14 December 2006 (LA s 75 (1))
remainder commenced 15 December 2006 (s 2)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.49
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.49 commenced 12 April 2007 (s 2 (1))
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.25
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.25 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.68
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.68 commenced 1 July 2011 (s 2 (1))
Law Officers Act 2011 A2011-30 sch 1 pt 1.2
notified LR 29 August 2011
s 1, s 2 commenced 29 August 2011 (LA s 75 (1))
sch 1 pt 1.2 commenced 31 August 2011 (s 2 and CN2011-9)
Heavy Vehicle National Law (Consequential Amendments) Act 2013 A2013-52 pt 2
notified LR 9 December 2013
s 1, s 2 commenced 9 December 2013 (LA s 75 (1))
pt 2 commenced 10 February 2014 (s 2 and see Heavy Vehicle National Law (ACT) Act 2013 A2013-51, s 2 (1) and CN2014-2)
Courts Legislation Amendment Act 2015 (No 2) A2015‑52 pt 9
notified LR 26 November 2015
s 1, s 2 commenced 26 November 2015 (LA s 75 (1))
pt 9 commenced 10 December 2015 (s 2 (2))
Freedom of Information Amendment Regulation 2016 (No 1) SL2016‑3
notified LR 15 February 2016
s 1, s 2 commenced 15 February 2016 (LA s 75 (1))
remainder commenced 16 February 2016 (s 2)
Freedom of Information Amendment Regulation 2016 (No 2) SL2016‑32
notified LR 9 November 2016
s 1, s 2 commenced 9 November 2016 (LA s 75 (1))
remainder commenced 10 November 2016 (s 2)

4	Amendment history
Name of regulation
s 1	am R2 LA; R3 LA
Dictionary
s 1A	ins A2008‑36 amdt 1.275
Notes
s 1B	ins A2008‑36 amdt 1.275
Prescribed authorities
s 2	am A2007‑3 amdt 3.275
Prescribed authorities–tribunals etc–Act, s 5 (1), (2) and (3)
s 2A	ins A2008‑36 amdt 1.276
Regulator and Board not prescribed authorities—Act, dict, def prescribed authority, par (a) (ii)
s 2B	ins A2013‑52 s 5
Exemption of bodies and agencies in relation to documents
s 3	sub SL2006‑56 s 4
Prescribed authorities–tribunals etc
sch 1A	ins A2008‑36 amdt 1.277
Agencies exempt in respect of particular documents
sch 2	am SL2006‑56 s 5; items renum R4 LA; A2011‑22 amdt 1.213; A2011‑30 amdt 1.2; A2015‑52 s 27; SL2016‑3 s 4; SL2016‑32 s 4
Dictionary
dict	ins A2008‑36 amdt 1. 278
	def non-presidential member ins A2008‑36 amdt 1.278
	def presidential member ins A2008‑36 amdt 1.278

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	Amendments to	Republication date	
1	not amended	31 August 1991	
2	not amended	30 November 2001	
3	not amended	2 November 2004	
4	SL2006‑56	15 December 2006	
5	A2007‑3	12 April 2007	
6	A2008‑36	2 February 2009	
7	A2011‑22	1 July 2011	
8	A2011-30	31 August 2011	
9	A2013-52	10 February 2014	
10	A2015-52	10 December 2015	
11	SL2016‑3	16 February 2016	

©  Australian Capital Territory 2016