Freedom of Information Act 1982

SCHEDULE 3

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Section 38

SECRECY PROVISIONS

Aged Care Act 1997 , subsection 86-2(1) and sections 86-5, 86-6 and 86-7

Aged Care Quality and Safety Commission Act 2018 , subsection 60(1) and section 62

Australian Immunisation Register Act 2015 , section 23

Australian Institute of Health Act 1987 , subsections 29(1) and (3)

Australian Security Intelligence Organisation Act 1979 , subsections 92(1) and 92A(1)

Banking Act 1959 , subsection 69A(2)

Broadcasting Act 1942 , paragraph 125(2)(a)

Child Support (Assessment) Act 1989 , paragraph 150(2)(b)

Child Support (Registration and Collection) Act 1988 , paragraph 16(2)(b)

Civil Aviation Act 1988 , subsections 32AP(1) and (2)

Crimes (Taxation Offences) Act 1980 , section 4

Defence (Inquiry) Regulations , subregulation 63(2)

Designs Act 2003 , paragraph 61(1)(a) and sections 108 and 109

Disability Services and Inclusion Act 2023 , section 28

Epidemiological Studies (Confidentiality) Act 1981 , sections 4 and 6

Gene Technology Act 2000 , subsections 187(1) and (2)

Health Insurance Act 1973 , subsections 130(1), (4) and (9)

Inspector-General of Taxation Act 2003 , section 37

Inspector of Transport Security Act 2006 , subsections 35(7), 36(7), 37(8), 49(2), 56(1), 56(3), 60(5), 63(3), 63(4), 63(5) and 67(1), paragraph 67(7)(a), subsections 68(2), 69(2) and 75(2), paragraph 75(8)(a) and subsection 77(9)

Intelligence Services Act 2001 , subsection 41(1)

Life Insurance Act 1995 , subsection 216A(2)

Migration Act 1958 , section 503A as affected by section 503D of that Act

National Cancer Screening Register Act 2016 , section 18

National Health Act 1953 , subsections 135A(1), (4) and (9)

National Redress Scheme for Institutional Child Sexual Abuse Act 2018 , subsections 96(6), 96A(7), 99(1), 100(1) and 101(1) and (2) and section 104

National Occupational Respiratory Disease Registry Act 2023 , section 23

National Sports Tribunal Act 2019 , section 72

Patents Act 1990 , paragraph 56(1)(a) and subsection 173(2)

Private Health Insurance Act 2007 , sections 323-1 and 323-40

Research Involving Human Embryos Act 2002 , subsection 29A(7).

Sport Integrity Australia Act 2020 , section 67

Taxation Administration Act 1953 , sections 355-25 , 355-155 and 355-265 in Schedule 1

Taxation Administration Act 1953 , paragraph 8WB(1)(c)

Telecommunications (Interception and Access) Act 1979 , sections 63 and 133 and clause 152 of Schedule 1

Transport Safety Investigation Act 2003 , subsections 53(1) and (2) and 60(1), (2) and (3)

[ CCH Note: Sch 3 will be amended by No 51 of 2020, s 3 and Sch 1 item 51, by inserting " Australian Sports Anti-Doping Authority Act 2006 , section 67 " before " Banking Act 1959 , subsection 69A(2) " , effective at the same time as the provisions covered by table item 2. However, the provisions do not commence at all if Schedule 1 to the Australian Sports Anti-Doping Authority Amendment (Sport Integrity Australia) Act 2020 commences at or before that time.]

View history note

History

Sch 3 inserted by Act No 137 of 1991, s 47; amended by No 180 of 1991; No 118 of 1992; No 174 of 1995; No 114 of 1997, Sch 5, item 3; No 118 of 1999, Sch 2, item 23; No 161 of 1999, Sch 3, item 28; No 176 of 1999, Sch 8, item 15; No 170 of 2000, Sch 1, item 13; No 153 of 2001, Sch 3, item 3; No 19 of 2003, Sch 1, items 6, 6A and 7; No 28 of 2003, Sch 1, item 1; No 75 of 2003, Sch 2, item 3; No 148 of 2003, Sch 2, item 12; No 62 of 2004, Sch 1, item 37; No 40 of 2006, Sch 1 Pt 2 item 20; No 73 of 2006, Sch 5 item 153; No 101 of 2006, Sch 5 items 113 - 118; No 150 of 2006, Sch 1 item 1; No 8 of 2007, Sch 3 items 23, 24; No 32 of 2007, Sch 2 item 12; No 56 of 2007, Sch 1; No 145 of 2010, s 3 and Sch 2 items 22 - 28; No 129 of 2015, s 3 and Sch 1 item 10; No 139 of 2015, s 3 and Sch 1 item 3; No 66 of 2016, s 3 and Sch 1 item 2; No 46 of 2018, s 3 and Sch 4 item 1, effective 1 July 2018; No 102 of 2018, s 3 and Sch 1 item 9, effective 1 July 2019; No 150 of 2018, s 3 and Sch 1 item 25, effective 1 July 2019; No 69 of 2019, s 3 and Sch 1 item 3, effective 19 March 2020; No 11 of 2020, s 3 and Sch 2 item 13, effective 1 July 2020; No 78 of 2021, s 3 and Sch 1 item 5, effective 24 July 2021; No 26 of 2022, s 3 and Sch 1 item 23, effective 1 October 2022; No 103 of 2023, s 3 and Sch 2 item 6, effective 1 January 2024; No 9 of 2024, s 3 and Sch 1 item 15, effective 4 April 2024; No 24 of 2024, s 3 and Sch 2 item 46, effective 22 May 2024; No 90 of 2023, s 3 and Sch 1 item 1, effective 22 May 2024.

No 102 of 2018, s 3 and Sch 1 item 10 contains the following transitional provision:

10 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 or repeals made by this Act.

(2)
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.

No 103 of 2023, s 3 and Sch 2 item 46(3) contains the following saving provision:

46 Saving provisions
…

(3)
Section 38 of the Freedom of Information Act 1982 , and Schedule 3 to that Act, apply on and after the commencement of this item as if a reference in that Schedule to section 28 of the Disability Services and Inclusion Act 2023 included a reference to subsections 28(2) and (6) of the former Disability Services Act 1986 .

…

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