Document ID: chunk:federal_register_of_legislation:C2004A04760:schedule:4:p1
Version: federal_register_of_legislation:C2004A04760
Segment Type: schedule
Provision Reference: sch 4 (pt 1/6)
Character Range: 55551–58582

Schedule 4

70. Schedule 4 to the Principal Act is amended by inserting in the appropriate alphabetical position "Commonwealth Scientific and Industrial Research Organisation".

Consequential amendments of the Privacy Act 1988

  71. Section 7 of the Privacy Act 1988 is amended:

     (a) by omitting subparagraph (1)(a)(i) and substituting the following subparagraph:

          "(i) an agency specified in any of the following provisions of the Freedom of Information Act 1982:

           (A) Schedule 1;

           (B) Part I of Schedule 2;

           (C) Division 1 of Part II of Schedule 2;

     (b) by inserting in paragraph (1)(c) "Division 1 of" after "specified in";

  (c) by inserting in subsection (2) "Part I of" after "specified in";

     (d) by inserting in subsection (2) "or in Division 1 of Part II of that Schedule" after "1982".

Division 7—Amendments relating to agency statements

Object of Division

72. The object of this Division is to clarify the meaning of subparagraph 8(1)(a)(iii) of the Principal Act (which deals with categories of documents held by an agency).

Publication of information concerning functions and documents of agencies

  73. Section 8 of the Principal Act is amended:

    (a) by omitting from subparagraph (1)(a)(iii) all the words after "the agency," and substituting "being categories that comply with subsection (6);";

  (b) by adding at the end the following subsection:

    "(6) The categories referred to in subparagraph (1)(a)(iii) include, but are not limited to, the following categories:

      (a) any documents referred to in paragraph 12(1)(b);

      (b) any documents referred to in paragraph 12(1)(c);

        (c) any other documents, if the documents are customarily made available to the public:

            (i) otherwise than under this Act; and

            (ii) free of charge upon request.".

Application

74. The amendments made by this Division apply to statements published after the commencement of this section.

Division 8—Amendments relating to review of decisions

Object of Division

75. The object of this Division is to confirm that a person has a right of review of a decision that purports to grant access to all documents requested by the person, but does not actually grant that access (the review could be internal review or review by the Administrative Appeals Tribunal).

Internal review

  76. Section 54 of the Principal Act is amended:

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

          "(ba) 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";

  (b) by inserting in paragraph (1A)(b) ", (ba)" after "(1)(b)".

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: