SCHEDULE 2
Section
7
PART II
Agencies exempt in respect of particular documents
Division 1
Attorney-General
'
s Department, in relation to:
(a) documents in respect of commercial activities it undertakes; and
(b) documents in respect of activities undertaken by the Australian Government Solicitor; and
(c) exempt content-service documents concerning the performance of a function, or the exercise of a power, under Schedule 7 to the
Broadcasting Services Act 1992
; and
(d) exempt internet-content documents concerning the performance of a function, or the exercise of a power, under Schedule 5 to that Act.
Australian Communications and Media Authority, in relation to:
(a) exempt content-service documents concerning the performance of a function, or the exercise of a power, under Schedule 7 to the
Broadcasting Services Act 1992
, as in force before the commencement of the
Online Safety Act 2021
; and
(b) exempt internet-content documents concerning the performance of a function, or the exercise of a power, under Schedule 5 to that Act, as in force before the commencement of the
Online Safety Act 2021
; and
(c) exempt online content scheme documents concerning the performance of a function, or the exercise of a power, under Part 9 of the
Online Safety Act 2021
.
Australian Broadcasting Corporation, in relation to its program material and its datacasting content
Australian Pork Corporation, in relation to documents in respect of its commercial activities
Australian Postal Corporation, in relation to documents in respect of its commercial activities
Australian Securities and Investments Commission, in relation to documents:
(a) concerning its functions under subsection
921B(3)
of the
Corporations Act 2001
; or
(b) transferred to it in accordance with subsection
1684V(2)
of that Act.
Australian Trade and Investment Commission, in relation to documents, concerning the carrying out, in whole or in part, of overseas development projects
Classification Board, in relation to:
(a) exempt content-service documents concerning the performance of a function, or the exercise of a power, under Schedule 7 to the
Broadcasting Services Act 1992
, as in force before the commencement of the
Online Safety Act 2021
; and
(b) exempt internet-content documents concerning the performance of a function, or the exercise of a power, under Schedule 5 to that Act, as in force before the commencement of the
Online Safety Act 2021
; and
(c) exempt online content scheme documents concerning the performance of a function, or the exercise of a power, under Part 9 of the
Online Safety Act 2021
.
Classification Review Board, in relation to:
(a) exempt content-service documents concerning the performance of a function, or the exercise of a power, under Schedule 7 to the
Broadcasting Services Act 1992
, as in force before the commencement of the
Online Safety Act 2021
; and
(b) exempt internet-content documents concerning the performance of a function, or the exercise of a power, under Schedule 5 to that Act, as in force before the commencement of the
Online Safety Act 2021
.
Comcare, in relation to documents in respect of its commercial activities
Commonwealth Scientific and Industrial Research Organisation, in relation to documents in respect of its commercial activities
Department of Defence, in relation to documents in respect of:
(a) the collection, reporting or analysis of operational intelligence; or
(b) special access programs, under which a foreign government provides restricted access to technologies.
Department of the Treasury in relation to documents:
(a) in respect of activities of the Australian Loan Council; or
(b) in respect of the commercial activities of the Royal Australian Mint; or
(c) concerning the performance of a function, or the exercise of a power, under section
921G
of the
Corporations Act 2001
; or
(d) transferred to the Secretary of the Department in accordance with subsection
1684V(1)
of that Act.
eSafety Commissioner, in relation to:
(a) exempt content-service documents concerning the performance of a function, or the exercise of a power, under Schedule 7 to the
Broadcasting Services Act 1992
, as in force before the commencement of the
Online Safety Act 2021
; and
(b) exempt internet-content documents concerning the performance of a function, or the exercise of a power, under Schedule 5 to that Act, as in force before the commencement of the
Online Safety Act 2021
; and
(c) exempt online content scheme documents concerning the performance of a function, or the exercise of a power, under Part 9 of the
Online Safety Act 2021
.
Export Finance and Insurance Corporation, in relation to documents concerning anything done by it under Part 4 or 5 of the
Export Finance and Insurance Corporation Act 1991
Health Insurance Commission, in relation to documents in respect of its commercial activities
Human Services Department, in relation to documents in respect of commercial activities relating to the functions of the Chief Executive Medicare
Independent Parliamentary Expenses Authority, in relation to:
(a) documents requesting that the Authority give personal advice under paragraph 12(1)(a) of the
Independent Parliamentary Expenses Authority Act 2017
; and
(b) any other documents that concern the performance of a function conferred on the Authority by paragraph 12(1)(a) of that Act.
Indigenous Business Australia, in relation to documents in respect of its commercial activities
National Health and Medical Research Council, in relation to documents in the possession of members of the Council of the National Health and Medical Research Council who are not persons appointed or engaged under the
Public Service Act 1999
Housing Australia, in relation to documents in respect of its commercial activities
NBN Co, in relation to documents in respect of its commercial activities
Reserve Bank of Australia, in relation to documents in respect of its banking operations (including individual open market operations and foreign exchange dealings) and in respect of exchange control matters
Special Broadcasting Service Corporation, in relation to its program material and its datacasting content
History
Sch 2 Pt II Div I amended by No 7 of 1999, Sch 3, item 19; No 146 of 1999, Sch 1, item 493; No 108 of 2000, Sch 1, item 2; No 114 of 2003, Sch 2 items 3
-
5; No 62 of 2004, Sch 1, items 29
-
30; No 118 of 2005, Sch 1 item 47; No 128 of 2005, s 12 and Sch 7; No 50 of 2006, Sch 1 Pt 2 item 113; No 170 of 2006, s 3 and Sch 1 item 148; No 118 of 2005, Sch 1 item 47; No 27 of 2007, Sch 1 Pt 1 item 14 and 15; No 124 of 2007, s 3 and Sch 1 items 92
-
94; No 8 of 2010, s 3 and Sch 5 item 137; No 51 of 2010 (as amended by No 136 of 2012), Sch 6 items 38 and 39, applicable in relation to requests for access made under section
15
of the
Freedom of Information Act 1982
that are received at or after 1 November 2010; and applications under section
48
of that Act that are received at or after 1 November 2010; No 23 of 2011, Sch 1 item 122; No 32 of 2011, s 3 and Sch 4 items 111 and 112 (see
transitional provisions
located after Table of Amending Acts); No 117 of 2014, s 3 and Sch 1 item 2; No 25 of 2015, s 3 and Sch 2 item 15; No 64 of 2015, s 3 and Sch 2 item 8; No 31 of 2016, s 3 and Sch 2 item 20; No 51 of 2017, s 3 and Sch 1 items 36 and 37; No 3 of 2017, s 3 and Sch 1 item 1; No 38 of 2017, s 3 and Sch 1 item 74; No 66 of 2018, s 3 and Sch 1 item 2; No 115 of 2021, s 3 and Sch 1 items 100 and 101, effective 1 January 2022; No 77 of 2021, s 3 and Sch 2 items 81
-
91, effective 23 January 2022; No 53 of 2023, s 3 and Sch 1 item 23, effective 12 August 2023; No 81 of 2023, s 3 and Sch 1 item 82, effective 12 October 2023.
No 51 of 2017, s 3 and Sch 1 items 50 and 51 contain the following saving and transitional provisions:
50 Saving provision
-
agencies exempt in respect of particular documents
50
Despite the amendments of Division
1
of Part
II
of Schedule
2
to the
Freedom of Information Act 1982
, the item in that Division relating to the Children
'
s e-Safety Commissioner, being that item as in force immediately before 23 June 2017, continues in force on and after 23 June 2017 in relation to documents of that Commissioner.
51 Transitional rules
(1)
The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments made by this Act.
(2)
However, to avoid doubt, the rules may not do the following:
(a)
create an offence or civil penalty;
(b)
provide powers of:
(i)
arrest or detention; or
(ii)
entry, search or seizure;
(c)
impose a tax;
(d)
set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e)
directly amend the text of this Act.
(3)
This Act (other than subitem (2)) does not limit the rules that may be made for the purposes of subitem (1).
No 66 of 2018, s 3 and Sch 2 item 1 contains the following transitional provision:
1 Decisions not to be made before a particular day
(1)
The NHFIC must not, before:
(a)
the day determined under subitem (2); or
(b)
if no such determination is in force
-
the later of:
(i)
1 July 2018; or
(ii)
the day occurring 3 months after the day this Act commences;
make a decision to:
(c)
make a loan, investment or grant; or
(d)
grant financial assistance to a State or Territory; or
(e)
provide, to registered community housing providers (within the meaning of the
National Housing Finance and Investment Corporation Act 2018
), business advisory services and other assistance in capacity building.
(2)
The Minister may, by legislative instrument, determine a day for the purposes of this item. The day must not be a day occurring earlier than 1 July 2018.