Document ID: chunk:federal_register_of_legislation:C2004A04274:body:0:p8
Version: federal_register_of_legislation:C2004A04274
Segment Type: other
Provision Reference: 
Character Range: 19426–22399

"he".

    (c) Insert "or her" after "his".

Subsection 7(4):

Insert "or her" after "his".

Paragraph 7A(1)(b):

Insert "or her" after "his".

Subsections 8(1A), (3) and (5):

Insert "or she" after "he" (wherever occurring).

Paragraph 8(5)(a):

Insert "or her" after "him".

Paragraph 8(5)(b):

    (a) Insert "or her" after "him".

    (b) Insert "or she" after "he".

Subsections 8(6), (7) and (7A):

Insert "or her" after "him" (wherever occurring).

Paragraph 8(7A)(b):

Insert "or she" after "he".

Subsection 8(10):

Insert "or her" after "his".

Subsection 8A(1):

Insert "or she" after "he".

Paragraphs 9(4)(a) and (b):

Omit the paragraphs, substitute:

     "(a) would contravene the provisions of any other enactment (whether enacted before or after the commencement of the

SCHEDULE 1—continued

Prime Minister and Cabinet Legislation Amendment Act 1991); or

    (aa) might tend to incriminate the person or make the person liable to a penalty; or

    (ab) would disclose one of the following:

         (i) a legal advice given to a Minister, a Department or a prescribed authority;

         (ii) a communication between an officer of a Department or of a prescribed authority and another person or body, being a communication protected against disclosure by legal professional privilege; or

    (b) would be otherwise contrary to the public interest;".

Subsection 9(4):

Omit "against him", substitute "against the person".

Subsection 9(5):

Insert "or her" after "his".

After subsection 9(5):

Insert:

"(5A) The fact that a person is not excused under subsection (4) from furnishing information, producing a document or other record or answering a question does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that information, document or other record or answer.".

Subsections 10(1) and (1A):

Insert "or she" after "he".

Section 11:

Omit the section, substitute:

Ombudsman may refer questions to the AAT

"10A.(1) Where the Ombudsman is investigating the taking of action by a Department or by a prescribed authority under a power, whether conferred by an enactment or otherwise, the Ombudsman may refer a specified question about the taking of the action, or the exercise of the power, to the Administrative Appeals Tribunal if he or she thinks it appropriate.

"(2) If the Ombudsman refers a question to the Tribunal, the Ombudsman must, as soon as practicable, give written notice of the referral to the principal officer.

SCHEDULE 1—continued

"(3) The Tribunal may give an advisory opinion on the question.

Ombudsman may recommend that the principal officer refer questions to the AAT

"11.(1) Where the Ombudsman is investigating the taking of action by a Department or by a prescribed authority under a power, whether conferred by an enactment or otherwise, the Ombudsman may recommend, in writing, to the principal officer of the Department or authority that the principal officer