Freedom of Information Regulation 1991 (ACT)

Freedom of Information Regulation 1991 (repealed)   

SL1991-3

made under the

Freedom of Information Act 1989

Republication No 13

Effective:  1 January 2018

Republication date: 1 January 2018

As repealed by A2016‑55 s 111 (1)

About this republication

The republished law

This is a republication of the Freedom of Information Regulation 1991 (repealed), made under the Freedom of Information Act 1989, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 January 2018. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

Freedom of Information Regulation 1991 (repealed)

made under the

Freedom of Information Act 1989

Contents

Page

1            Name of regulation  2

1A          Dictionary  2

1B          Notes  2

2            Prescribed authorities  2

2A          Prescribed authorities—tribunals etc—Act, s 5 (1), (2) and (3)               3

2B          Regulator and Board not prescribed authorities—Act, dict, def prescribed authority, par (a) (ii)  3

3            Exemption of bodies and agencies in relation to documents                 3

Schedule 1 Prescribed authorities  4

Schedule 1A          Prescribed authorities—tribunals etc  5

Schedule 2 Agencies exempt in respect of particular documents          6

Dictionary8

Endnotes

1            About the endnotes  9

2            Abbreviation key  9

3            Legislation history  10

4            Amendment history  12

5            Earlier republications  13

Freedom of Information Regulation 1991 (repealed)

made under the

Freedom of Information Act 1989

1. Name of regulation

   This regulation is the Freedom of Information Regulation 1991.

1ADictionary

The dictionary at the end of this regulation is part of this regulation.

Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘non-presidential member—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.’ means that the term ‘non-presidential member’ is defined in that Act and the definition applies to this regulation.

Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

1BNotes

A note included in this regulation is explanatory and is not part of this regulation.

NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

1. Prescribed authorities

   For the Act, dictionary, definition of prescribed authority, paragraph (b), a body specified in schedule 1 is declared to be a prescribed authority for the Act.

2APrescribed authorities—tribunals etc—Act, s 5 (1), (2) and (3)

(1)A tribunal, authority or body mentioned in schedule 1A, column 2 is a prescribed authority for the Act.

(2)The holder of an office mentioned in column 3 in relation to a tribunal, authority or body is not a prescribed authority for the Act.

(3)A registry or other office, and the staff of the registry or other office, mentioned in column 4 in relation to a tribunal, authority or body are taken to be part of the tribunal, authority or body.

2BRegulator and Board not prescribed authorities—Act, dict, def prescribed authority, par (a) (ii)

(1)The Regulator and Board are not prescribed authorities.

(2)In this section:

Board—see the Heavy Vehicle National Law (ACT), section 5.

Regulator—see the Heavy Vehicle National Law (ACT), section 5.

1. Exemption of bodies and agencies in relation to documents

   For the Act, section 6 (4), an agency specified in schedule 2 is exempt from the operation of the Act in relation to the documents mentioned in the schedule in relation to the agency.

Schedule 1Prescribed authorities

(see s 2)

ACTTAB Limited

Schedule 1A       Prescribed authorities—tribunals etc

(see s 2A)

column 1 item	column 2 tribunal, authority or body	column 3 holder of office of tribunal authority or body	column 4 registry or other office of tribunal, authority or body
1	ACAT	presidential member, non‑presidential member	registry of ACAT

Schedule 2Agencies exempt in respect of particular documents

(see s 3)

1ACTTAB Limited in relation to documents in relation to its competitive commercial activities

2The government solicitor, in relation to documents of the government solicitor that relate to the government solicitor acting as legal practitioner under the Law Officers Act 2011.

3The Justice and Community Safety Directorate, in relation to documents of the government solicitor mentioned in item 2.

4The solicitor-general—

(a)in relation to documents of the solicitor‑general that relate to the solicitor-general’s functions as counsel under the Law Officers Act 2011; and

(b)if exercising the chief solicitor’s functions—in relation to documents of the government solicitor that relate to the government solicitor acting as legal practitioner under that Act.

NoteUnder the Law Officers Act 2011, s 17 (1) (c), the Attorney‑General may direct the solicitor-general to exercise the chief solicitor’s functions.

5The Justice and Community Safety Directorate, in relation to documents of the solicitor-general mentioned in item 4.

6The Justice and Community Safety Directorate in relation to documents relating to a court unless the documents relate to matters of an administrative nature.

7The auditor-general in relation to documents of the auditor-general that relate to functions given to the auditor-general under the Auditor-General Act 1996.

8The Justice and Community Safety Directorate in relation to documents given or produced in relation to the independent inquiry into the management of the custody and care of detainee Steven Freeman at the Alexander Maconochie Centre, conducted by Mr Philip Moss AM, unless the documents relate to matters of an administrative nature.

Dictionary

(see s 1A)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     ACAT

·     body.

non-presidential member—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.

presidential member—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   This regulation was originally the Freedom of Information Regulations.  It was renamed under the Legislation Act 2001.

   Before 12 September 2001, regulations commenced on their notification day unless otherwise stated (see Subordinate Laws Act 1989 s 6).

   Freedom of Information Regulation 1991 SL1991‑3

   notified 13 February 1991 (Gaz 1991 No 6)
   commenced 13 February 1991

   as amended by

   Freedom of Information Amendment Regulation 2006 (No 1) SL2006‑56

   notified LR 14 December 2006
   s 1, s 2 commenced 14 December 2006 (LA s 75 (1))

   remainder commenced 15 December 2006 (s 2)

   Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.49

   notified LR 22 March 2007
   s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

   sch 3 pt 3.49 commenced 12 April 2007 (s 2 (1))

   ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.25

   notified LR 4 September 2008
   s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
   sch 1 pt 1.25 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)

   Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.68

   notified LR 30 June 2011
   s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

   sch 1 pt 1.68 commenced 1 July 2011 (s 2 (1))

   Law Officers Act 2011 A2011-30 sch 1 pt 1.2

   notified LR 29 August 2011
   s 1, s 2 commenced 29 August 2011 (LA s 75 (1))
   sch 1 pt 1.2 commenced 31 August 2011 (s 2 and CN2011-9)

   Heavy Vehicle National Law (Consequential Amendments) Act 2013 A2013-52 pt 2

   notified LR 9 December 2013
   s 1, s 2 commenced 9 December 2013 (LA s 75 (1))

   pt 2 commenced 10 February 2014 (s 2 and see Heavy Vehicle National Law (ACT) Act 2013 A2013-51, s 2 (1) and CN2014-2)

   Courts Legislation Amendment Act 2015 (No 2) A2015‑52 pt 9

   notified LR 26 November 2015
   s 1, s 2 commenced 26 November 2015 (LA s 75 (1))

   pt 9 commenced 10 December 2015 (s 2 (2))

   Freedom of Information Amendment Regulation 2016 (No 1) SL2016‑3

   notified LR 15 February 2016
   s 1, s 2 commenced 15 February 2016 (LA s 75 (1))

   remainder commenced 16 February 2016 (s 2)

   Freedom of Information Amendment Regulation 2016 (No 2) SL2016‑32

   notified LR 9 November 2016
   s 1, s 2 commenced 9 November 2016 (LA s 75 (1))

   remainder commenced 10 November 2016 (s 2)

   as repealed by

   Freedom of Information Act 2016 A2016-55 s 111 (as am by A2017-14 s 19)

   notified LR 26 August 2016
   s 1, s 2 commenced 26 August 2016 (LA s 75 (1))
   s 111 commenced 1 January 2018 (s 2 as am by A2017-14 s 19)

   Justice and Community Safety Legislation Amendment Act 2017 (No 2) A2017-14 s 19

   notified LR 17 May 2017
   s 1, s 2 commenced 17 May 2017 (LA s 75 (1))
   s 19 commenced 24 May 2017 (s 2 (1))

   NoteThis Act only amends the Freedom of Information Act 2016 A2016-55.

2. Amendment history

   Name of regulation

   s 1am R2 LA; R3 LA

   Dictionary

   s 1Ains A2008‑36 amdt 1.275

   Notes

   s 1Bins A2008‑36 amdt 1.275

   Prescribed authorities

   s 2am A2007‑3 amdt 3.275

   Prescribed authorities–tribunals etc–Act, s 5 (1), (2) and (3)

   s 2Ains A2008‑36 amdt 1.276

   Regulator and Board not prescribed authorities—Act, dict, def prescribed authority, par (a) (ii)

   s 2Bins A2013‑52 s 5

   Exemption of bodies and agencies in relation to documents

   s 3sub SL2006‑56 s 4

   Prescribed authorities–tribunals etc

   sch 1Ains A2008‑36 amdt 1.277

   Agencies exempt in respect of particular documents

   sch 2am SL2006‑56 s 5; items renum R4 LA; A2011‑22 amdt 1.213; A2011‑30 amdt 1.2; A2015‑52 s 27; SL2016‑3 s 4; SL2016‑32 s 4

   Dictionary

   dictins A2008‑36 amdt 1. 278

   def non-presidential member ins A2008‑36 amdt 1.278

   def presidential member ins A2008‑36 amdt 1.278

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	not amended	31 August 1991
2	not amended	30 November 2001
3	not amended	2 November 2004
4	SL2006‑56	15 December 2006
5	A2007‑3	12 April 2007
6	A2008‑36	2 February 2009
7	A2011‑22	1 July 2011
8	A2011-30	31 August 2011
9	A2013-52	10 February 2014
10	A2015-52	10 December 2015
11	SL2016‑3	16 February 2016
12	SL2016‑32	10 November 2016