Document ID: chunk:federal_register_of_legislation:C2004A04709:body:0:p4
Version: federal_register_of_legislation:C2004A04709
Segment Type: other
Provision Reference: 
Character Range: 8255–11175

(1):

     " 'Cabinet notebook' means a notebook or other like record that contains notes of discussions or deliberations taking place in a meeting of the Cabinet or of a committee of the Cabinet, being notes made in the course of those discussions or deliberations by, or under the authority of, the Secretary to the Cabinet;";

    (b) by omitting "but does not include library material maintained for reference purposes;" from the definition of "document" in subsection 4(1) and substituting the following:

     "but does not include:

       (d) library material maintained for reference purposes; or

       (e) Cabinet notebooks;".

Application

  13. The Principal Act, as amended by this Act, applies in relation to:

     (a) meetings of the Cabinet or of a committee of the Cabinet held before or after the commencement of this Part; and

  (b) documents created before or after the commencement of this Part.

PART 5—AMENDMENTS OF THE MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1984

Principal Act

14. In this Part, "Principal Act" means the Merit Protection (Australian Government Employees) Act 19844.

Definitions

15.(1) Section 3 of the Principal Act is amended by omitting paragraph (c) of the definition of "enactment" in subsection (1) and substituting the following paragraph:

     "(c) an instrument (including an industrial award, a determination, rules, regulations or by-laws) made under an Act or under such an Ordinance;".

(2) Section 3 of the Principal Act is amended by omitting from subsection (1) the definition of "enactment" and substituting the following definition:

" 'enactment' means:

  (a) an Act; or

     (b) a law that is an enactment within the meaning of the Australian Capital Territory (Self-Government) Act 1988; or

     (c) an Ordinance made under section 12 of the Seat of Government (Administration) Act 1910; or

     (d) an instrument (including an industrial award, a determination, rules, regulations or by-laws) made under a law that is an enactment by virtue of paragraph (a), (b) or (c);".

Discretion not to investigate

16. Section 49 of the Principal Act is amended by inserting after subsection (1C) the following subsections:

"(1D) The Agency may decide to transfer an application to the Ombudsman if the Agency is of the opinion:

     (a) that the application could have been made to the Ombudsman as a complaint under section 7 of the Ombudsman Act 1976; and

     (b) that the subject-matter of the application could be more conveniently or effectively investigated by the Ombudsman.

"(1E) If the Agency makes a decision under subsection (1D), the Agency must:

     (a) transfer the application to the Ombudsman as soon as is reasonably practicable; and

     (b) give the Ombudsman any information or documents relating to the application that are in the possession, or under the control, of the Agency; and

     (c) as soon as is