Freedom of Information Amendment (Reform) Act 2010 (51 of 2010)

Schedule 4   Information Commissioner amendments

Part 1   Main amendments

Freedom of Information Act 1982

57   Section 93

Repeal the section, substitute:

93 Agencies to provide information to Information Commissioner

(1) This section applies to:

(a) an agency, in relation to documents of the agency; and

(b) each Minister, in relation to his or her official documents.

(2) The agency or Minister must give to the Information Commissioner the information that the Information Commissioner requires to prepare reports under section 30 of the Australian Information Commissioner Act 2010.

(3) The agency or Minister must comply with any requirements prescribed by the regulations regarding:

(a) the giving of the information; and

(b) the keeping of records for the purposes of this section.

93A Guidelines

(1) The Information Commissioner may, by instrument in writing, issue guidelines for the purposes of this Act.

Note: For variation and revocation of the instrument, see subsection 33(3) of the Acts Interpretation Act 1901.

(2) For the purposes of the performance of a function, or the exercise of a power, under this Act, regard must be had to any guidelines issued by the Information Commissioner under this section including, but not limited to, guidelines issued for the purposes of the following provisions:

(a) paragraph 9A(b) (information publication scheme);

(b) subsection 11B(5) (public interest factors);

(c) subsection 15(5A) (decisions on requests).

(3) Guidelines are not legislative instruments.

93B Review of operation of Act

(1) The Minister must cause a review of the operation of this Act to be undertaken.

(2) The review must:

(a) start 2 years after the commencement of this section; and

(b) be completed within 6 months.

Note: This section commences immediately after the commencement of section 3 of the Australian Information Commissioner Act 2010.

(3) The Minister must cause a written report about the review to be prepared.

(4) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives the report.