Parliamentary Service Amendment (Freedom of Information) Act 2013

No. 97, 2013

An Act to amend the Parliamentary Service Act 1999, and for related purposes

Parliamentary Service Amendment (Freedom of Information) Act 2013

No. 97, 2013

An Act to amend the Parliamentary Service Act 1999, and for related purposes

[Assented to 28 June 2013]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Parliamentary Service Amendment (Freedom of Information) Act 2013.

2 Commencement

This Act commences on the day this Act receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Parliamentary Service Act 1999

1 Before section 69

Insert:

68A Departments and office holders not prescribed authorities for Freedom of Information Act purposes

None of the following is a prescribed authority for the purposes of the Freedom of Information Act 1982:

(a) a Department of the Parliament that is established under this Act;

(b) a person who holds, or performs the duties of, an office established under this Act.

2 Transitional

The Freedom of Information Act 1982 is taken to have had the effect it would have had if:

(a) each Department of the Parliament established under the Parliamentary Service Act 1999 had been taken not to have been a prescribed authority for the purposes of the Freedom of Information Act 1982 at all times after the Department was established under the Parliamentary Service Act 1999; and

(b) each person who held, or performed the duties of, an office established under the Parliamentary Service Act 1999 had been taken not to have been a prescribed authority for the purposes of the Freedom of Information Act 1982 by virtue of his or her holding, or performing the duties of, that office.