Revised Explanatory Memorandum
(Circulated by authority of the Minister for Foreign Affairs, the Honourable Alexander Downer MP)Schedule 3 - Miscellaneous Amendments
Acts Interpretation Act 1901
Item 1 amends the Acts Interpretation Act 1901 to exclude the application of section 34C of that Act to the Australian Secret Intelligence Service. Section 34C, which deals with the timing of periodic reports made by agencies to Ministers including the tabling of statements or reasons why extensions of time for lodgement may have been sought, already excludes ASIO and ONA.
Administrative Decisions (Judicial Review) Act 1977
Item 2 states that reference to the Intelligence Services Act 2001 should be included in Paragraph (d) Schedule 1 of the Administrative Decisions (Judicial Review) Act 1977 . Schedule 1 sets out decisions which are exempt from the Administrative Decisions (Judicial Review) Act 1977 . Decisions already exempt under paragraph (d) of Schedule 1 include those under the Australian Security Intelligence Organisation Act 1979 and the Inspector-General of Intelligence and Security Act 1986 .
Freedom of Information Act 1982
Item 3 inserts in Schedule 3 of the Freedom of Information Act 1982 (the FOI Act) a reference to the proposed subsection 41(1) of the Intelligence Services Bill 2001.
Where such secrecy provisions are listed in Schedule 3 of the Freedom of Information Act 1982 , a document is exempt from disclosure to the extent that it contains information of which the secrecy provisions prohibit disclosure.
This amendment will bring ASIS into line with existing provisions for ASIO.