Document ID: chunk:federal_register_of_legislation:C2004A04760:schedule:4:p2
Version: federal_register_of_legislation:C2004A04760
Segment Type: schedule
Provision Reference: sch 4 (pt 2/6)
Character Range: 58305–61243

Applications to Administrative Appeals Tribunal

  77. Section 55 of the Principal Act is amended:

    (a) by omitting from paragraph (1)(a) all the words after "request" (first occurring) and before "; or";

  (b) by inserting after paragraph (1)(a) the following paragraphs:

          "(aa) a decision granting access to a document but not granting, in accordance with a request, access to all documents to which the request relates; or

          (ab) a decision purporting to grant, in accordance with a request, access to all documents to which the request relates, but not actually granting that access; or";

  (c) by inserting after subsection (5) the following subsection:

     "(5A) The Tribunal's power to make a decision on a review of a decision of a kind mentioned in paragraph (1)(ab) includes a power to require the agency or Minister concerned to conduct further searches for the document.".

Application

78. The amendments made by this Division apply to a decision made before or after the commencement of this section.

Division 9—Amendments relating to protection of witnesses

Object of Division

79. The object of this Division is to prevent the disclosure of the existence or identity of participants in witness protection programs.

Documents affecting enforcement of law and protection of public safety

  80. Section 37 of the Principal Act is amended:

  (a) by inserting after subsection (2) the following subsection:

     "(2A) For the purposes of paragraph (1)(b), a person is taken to be a confidential source of information in relation to the enforcement or administration of the law if the person is receiving, or has received, protection under a program conducted under the auspices of the Australian Federal Police, or the police force of a State or Territory, for the protection of:

      (a) witnesses; or

        (b) people who, because of their relationship to, or association with, a witness need, or may need, such protection; or

        (c) any other people who, for any other reason, need or may need, such protection.";

     (b) by omitting from subsection (3) "subsections (1) and (2)" and substituting "this section".

Application

81. The amendment made by this Division applies in relation to a request made after the commencement of this section.

Division 10—Amendment relating to Parliamentary Secretaries

Object of Division

82. The object of this Division is to extend the Principal Act to documents in the possession of Parliamentary Secretaries.

Interpretation

83. Section 4 of the Principal Act is amended by inserting in subsection (1) the following definition:

" 'Minister' includes a Parliamentary Secretary appointed under the Parliamentary Secretaries Act 1980;".

Division 11—Amendment relating to service by post

Object of Division

84. The object of this Division is to allow notices under the Principal Act to be given by post.

Insertion of new section

85.