Federal Register of Legislation - Australian Government

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SR 1986 No. 45 Regulations as made
These Regulations amend the Freedom of Information (Miscellaneous Provisions) Regulations.
Administered by: Attorney-General's
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR08-Apr-1986
Tabled Senate09-Apr-1986
Gazetted 04 Apr 1986
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

EXPLANATORY STATEMENT

Statutory Rules 1986 No. 45

Issued by the Authority of the Attorney-General

FREEDOM OF INFORMATION (MISCELLANEOUS PROVISIONS)

REGULATIONS (AMENDMENT)

These regulations made under sections 4 and 94 of the Freedom of Information Act 1982 (“the Act”), amend the Freedom of Information (Miscellaneous Provisions) Regulations (“the Regulations”).

Section 94 of the Act empowers the Governor-General to make regulations prescribing all matters that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Section 4 of the Act is an interpretation provision and sub-section 4(1) includes definitions of the expressions “prescribed authority”, “principal officer”, and “responsible Minister”.

The definition of “prescribed authority” in sub-section 4(1) is in wide terms so as to bring all statutory bodies and other agencies performing functions of the Commonwealth Government within the scope of the Act. Included in the definition are persons performing the duties of an office established by an enactment, bodies established for a public purpose in accordance with an enactment and other bodies, declared by the Regulations to be prescribed authorities, being bodies established by the Governor-General or by a Minister, or over which the Commonwealth can exercise control. Schedule 1 to the Regulations lists bodies in this last category of prescribed authorities.


The “principal officer” of an agency is, in the case of a Department, the Secretary to the Department, In the case of a prescribed authority, the “principal officer” is the person constituting the authority, the person entitled to preside at a meeting of the authority, or the person holding an office declared in the Regulations to be the principal office. Schedule 2 to the Regulations lists all the offices declared as principal offices.

The “responsible Minister” of an agency is the Minister administering the Department or, in the case of a prescribed authority established by an enactment, the Minister administering the enactment. For all other prescribed authorities, including those prescribed in the Regulations, it is necessary to declare a Minister to be the responsible Minister. Schedule 3 to the Regulations lists the responsible Ministers for this last category of prescribed authorities.

The amending regulations have updated these three Schedules to take account of changes that have occurred since the Regulations were last amended in December 1985.

Notes on the amending regulations are attached.


ATTACHMENT

NOTES ON REGULATIONS

Regulation 1 - Principal Regulations

Regulation 1 provides that the expression “Principal Regulations” means the Freedom of Information (Miscellaneous Provisions) Regulations.

Regulation 2 - Schedule 1

2.               Regulation 2 deletes from Schedule 1 to the Principal Regulations a reference to the Housing Branch Advisory Committee, which has been abolished. Schedule 1 is a list of bodies declared to be “prescribed authorities”.

Regulation 3 - Schedule 2

3.               Regulation 3 declares that the principal office in respect of the Australian Trade Commission is its Managing Director and the principal office in respect of the Defence Force Remuneration Tribunal is its Secretary. It also deletes from the list of principal offices references to Export Development Grants Board and the Housing Branch Advisory Committee, which have been abolished.

Regulation 4 — Schedule 3

4.               Regulation 4 deletes from Schedule 3 to the Principal Regulations a reference to the Housing Branch Advisory Committee. Schedule 3 is a list of “responsible Ministers” in respect of prescribed authorities.