Federal Register of Legislation
Freedom of Information Amendment (Parliamentary Budget Office) Act 2012
No. 177, 2012
An Act to amend the Freedom of Information Act 1982, and for related purposes
Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendments Freedom of Information Act 1982 Privacy Act 1988
Freedom of Information Amendment (Parliamentary Budget Office) Act 2012 No. 177, 2012
An Act to amend the Freedom of Information Act 1982, and for related purposes
[Assented to 4 December 2012]
The Parliament of Australia enacts:
1 Short title This Act may be cited as the Freedom of Information Amendment (Parliamentary Budget Office) Act 2012.
2 Commencement This Act commences on the day this Act receives the Royal Assent.
3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Freedom of Information Act 1982
1 Subsection 25(1) Omit all the words after "last‑mentioned document", substitute: to be: (a) an exempt document by virtue of section 33 or subsection 37(1) or 45A(1); or (b) an exempt document to the extent referred to in subsection 45A(2) or (3).
2 Subsection 25(2) Repeal the subsection, substitute: (2) If a request relates to a document that is, or if it existed would be, of a kind referred to in subsection (1), the agency or Minister dealing with the request may give notice in writing to the applicant that the agency or the Minister (as the case may be) neither confirms nor denies the existence, as a document of the agency or an official document of the Minister, of such a document but that, assuming the existence of such a document, it would be: (a) an exempt document by virtue of section 33 or subsection 37(1) or 45A(1); or (b) an exempt document to the extent referred to in subsection 45A(2) or (3). (3) If a notice is given under subsection (2) of this section: (a) section 26 applies as if the decision to give the notice were a decision referred to in that section; and (b) the decision is taken, for the purposes of Part VI, to be a decision refusing to grant access to the document in accordance with the request referred to in subsection (2) of this section, for the reason that the document would, if it existed, be: (i) an exempt document by virtue of section 33 or subsection 37(1) or 45A(1); or (ii) an exempt document to the extent referred to in subsection 45A(2) or (3).
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