Freedom of Information Act 1982

PART I - PRELIMINARY  

SECTION 7   EXEMPTION OF CERTAIN PERSONS AND BODIES  

7(1)    

The bodies specified in Division 1 of Part I of Schedule 2 , and a person holding and performing the duties of an office specified in that Division, are to be deemed not to be prescribed authorities for the purposes of this Act.

7(1A)    

For the purposes of the definition of agency, a part of the Department of Defence specified in Division 2 of Part I of Schedule 2 :

(a)    is taken not to be included in the Department of Defence (or in any other Department) for the purposes of this Act; and

(b)    to avoid doubt, is not an agency in its own right for the purposes of this Act.

7(2)    
The persons, bodies and Departments specified in Part II of Schedule 2 , are exempt from the operation of this Act in relation to documents referred to in that Schedule in relation to them.

7(2AA)    
A body corporate established by or under an Act specified in Part III of Schedule 2 is exempt from the operation of this Act in relation to documents in respect of the commercial activities of the body corporate.

7(2AAA)    

The following bodies are taken not to be prescribed authorities for the purposes of this Act:

(a)    the Parliamentary Workplace Support Service;

(b)    the Parliamentary Workplace Support Service Advisory Board;

(c)    the Parliamentary Workplace Support Service Consultative Committee.

7(2AB)    

A body or person may be prescribed by the regulations for the purposes of this subsection if:

(a)    the body or person would, if not so prescribed, be a Norfolk Island authority; and

(b)    the Minister is satisfied that the body or person is subject to a law that provides equivalent, or substantially similar, requirements relating to freedom of information as are provided by this Act.

7(2A)    

An agency is exempt from the operation of this Act in relation to the following documents:

(a)    

a document (an intelligence agency document ) that has originated with, or has been received from, any of the following:

(i) the Australian Secret Intelligence Service;

(ii) the Australian Security Intelligence Organisation;

(iii) the Inspector-General of Intelligence and Security;

(iv) the Office of National Intelligence;

(v) the Australian Geospatial-Intelligence Organisation (other than a document that has originated with, or has been received from, the Australian Hydrographic Office in the performance of its functions under subsection 223(2) of the Navigation Act 2012 );

(vi) the Defence Intelligence Organisation;

(vii) the Australian Signals Directorate;

(b)    a document that contains a summary of, or an extract or information from, an intelligence agency document, to the extent that it contains such a summary, extract or information.

Note:

The Australian Hydrographic Office is part of the Australian Geospatial-Intelligence Organisation (see subsection 6B(3) of the Intelligence Services Act 2001 ).

7(2B)    

A Minister is exempt from the operation of this Act in relation to the following documents:

(a)    an intelligence agency document;

(b)    a document that contains a summary of, or an extract or information from, an intelligence agency document, to the extent that it contains such a summary, extract or information.

7(2C)    

An agency is exempt from the operation of this Act in relation to the following documents:

(a)    a document (a defence intelligence document ) that has originated with, or has been received from, the Department of Defence and that is in respect of:

(i) the collection, reporting or analysis of operational intelligence; or

(ii) special access programs, under which a foreign government provides restricted access to technologies;

(b)    a document that contains a summary of, or an extract or information from, a defence intelligence document, to the extent that it contains such a summary, extract or information.

7(2D)    

A Minister is exempt from the operation of this Act in relation to the following documents:

(a)    a defence intelligence document;

(b)    a document that contains a summary of, or an extract or information from, a defence intelligence document, to the extent that it contains such a summary, extract or information.

7(2DA)    

A Minister and an agency are exempt from the operation of this Act in relation to the following documents (regardless of when the documents were brought into existence):

(a)    a document given to, or received by, the Independent Review, or a person performing functions in relation to the Review, for the purposes of the Review;

(b)    a document brought into existence by the Independent Review or a person performing functions in relation to the Review.

7(2DB)    

A Minister and an agency other than the Australian Human Rights Commission are not exempt under subsection (2DA)(a) from the operation of this Act in relation to documents created for purposes other than the Independent Review to which a right of access otherwise exists or existed under the Act.

7(2DC)    

A Minister and an agency are exempt from the operation of this Act in relation to the following documents (regardless of when the documents were brought into existence):

(a)    a document given to, or received by, a body listed in subsection (2AAA) in connection with the performance of the body ' s functions;

(b)    a document brought into existence by a body listed in subsection (2AAA) .

7(2DD)    

A Minister and an agency are not exempt under paragraph (2DC)(a) from the operation of this Act in relation to documents created other than in connection with the performance of the functions of a body listed in subsection (2AAA) to which a right of access otherwise exists or existed under this Act.

7(2E)    

A Minister and an agency are exempt from the operation of this Act in relation to the following documents:

(a)    

a document that has originated with, or has been received from, a Royal Commission to which Part 4 of the Royal Commissions Act 1902 applies and:

(i) that contains information obtained at a private session for the Commission; or

(ii) that relates to a private session for the Commission and identifies a natural person who appeared at a private session for the Commission; or

(iii) that contains information that was given by a natural person to a member, or member of the staff, of the Commission for the purposes of a private session (whether or not a private session was, or is to be, held for the Commission) and identifies the person who gave the information; or

(iv) that contains information to which section 6ON of that Act (which deals with certain information given to the Child Sexual Abuse Royal Commission) applies; or

(v) that contains information to which section 6OP of that Act (which deals with certain information given to the Disability Royal Commission) applies; or

(vi) that contains information to which section 6OQ of that Act (which deals with certain information given to the Defence and Veteran Suicide Royal Commission) applies;

(b)    a document that contains a summary of, or an extract or information from, a private session.

7(2F)    

An agency that is a data scheme entity within the meaning of the Data Availability and Transparency Act 2022 is exempt from the operation of this Act in relation to a document that contains scheme data within the meaning of that Act, to the extent the document contains such data.

7(2G)    

A Minister and an agency are exempt from the operation of this Act in relation to the following documents:

(a)    a document (an AUSTRAC intelligence document ) that has originated with, or has been received from, the Australian Transaction Reports and Analysis Centre ( AUSTRAC ) and that concerns information that was communicated to AUSTRAC:

(i) under section 16 of the Financial Transaction Reports Act 1988 ; or

(ii) under section 41 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 ; or

(iii) in response to a notice given under section 49 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 ;

(b)    a document that contains a summary of, or an extract or information from, an AUSTRAC intelligence document, to the extent that it contains such a summary, extract or information.

7(3)    
In subsection (2AA) and Part II of Schedule 2 , " commercial activities " (except when used in relation to NBN Co) means:

(a)    activities carried on by an agency on a commercial basis in competition with persons other than governments or authorities of governments; or

(b)    activities, carried on by an agency, that may reasonably be expected in the foreseeable future to be carried on by the agency on a commercial basis in competition with persons other than governments or authorities of governments.

7(3A)    
In Part II of Schedule 2 , commercial activities, when used in relation to NBN Co, means:

(a)    activities carried on by NBN Co on a commercial basis; or

(b)    activities, carried on by NBN Co, that may reasonably be expected in the foreseeable future to be carried on by NBN Co on a commercial basis.

7(4)    
In subsection (2AA) and Part II of Schedule 2 , a reference to documents in respect of particular activities shall be read as a reference to documents received or brought into existence in the course of, or for the purposes of, the carrying on of those activities.

7(5)    

An expression used in subsection (2E) that is also used in Part 4 of the Royal Commissions Act 1902 has the same meaning as in that Part.