Freedom of Information (Miscellaneous Provisions) Amendment Regulations 2007 (No. 1)

Administered by Attorney-General's Department

Legislation au F2007L00777 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

Select Legislative Instrument 2007 No. 53

 

 

Issued by the Authority of the Attorney-General

 

 

Freedom of Information Act 1982

 

Freedom of Information (Miscellaneous Provisions) Amendment Regulations 2007 (No. 1)

 

Subsection 94(1) of the Freedom of Information Act 1982 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters that are required or permitted by the Act to be prescribed, or are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsection 4(1) of the Act defines the terms ‘principal officer’ and ‘responsible Minister’.

The purpose of the Regulations is to prescribe the Chief Executive Officer (CEO) of the Federal Magistrates Court of Australia (FMC) as the ‘principal officer’ for the purposes of subparagraph (b)(i) of the definition of ‘principal officer’ in the Act, and to prescribe the Attorney‑General as the ‘responsible Minister’ in respect of the FMC for the purposes of paragraph (d) of the definition of ‘responsible Minister’ in the Act.

The ‘principal officer’ of an agency and the ‘responsible Minister’ in respect of an agency have responsibility under the Act for various duties and powers that are essential to the effective operation of the Act.  For example, a decision on a Freedom of Information (FOI) request to an agency may be made by either the responsible Minister, the principal officer of the agency, or an officer of the agency acting in accordance with arrangements approved by the responsible Minister or the principal officer of the agency.

Subparagraph (b)(i) of the definition of ‘principal officer’ declares the principal officer in relation to a prescribed authority to be the person holding, or performing the duties of the principal office as described in the Freedom of Information (Miscellaneous Provisions) Regulations 1982 (the Principal Regulations).  Regulation 4 of the Principal Regulations provides that an office specified in Column 3 of an item in Schedule 2 to the Principal Regulations is declared to be the principal office in respect of the prescribed authority or authorities specified in Column 2 of that item.  The Regulations specify the CEO of the FMC for this purpose.

Paragraph (d) of the definition of ‘responsible Minister’ declares the Minister in relation to a prescribed authority which does not fall within paragraph (a) or (c) of the definition of ‘prescribed authority’ in subsection 4(1) of the Act, to be the Minister declared by the Principal Regulations to be the responsible Minister.  Regulation 5 of the Principal Regulations provides that a Minister specified in Column 3 of an item in Schedule 3 to the Principal Regulations is declared to be the responsible Minister in respect of the prescribed authority specified in Column 2 of that item.  The Regulations specify the Attorney-General as the responsible Minister for the FMC.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Regulations have no or low impacts on business and individuals or the economy.  Therefore, no further regulatory analysis is required in accordance with the Government’s best practice regulation requirements.  The Office of Best Practice Regulation has confirmed the Attorney-General’s Department’s preliminary assessment.

The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.

The Regulations were developed in consultation with the FMC.  Wider consultation was unnecessary because this instrument affects only the FMC.

Details of the Regulations are set out in the Attachment.


ATTACHMENT

 

Freedom of Information (Miscellaneous Provisions) Amendment Regulations 2007 (No. 1)

Details of the Regulations are:

Regulation 1 provides that the name of these Regulations is the Freedom of Information (Miscellaneous Provisions) Amendment Regulations 2007 (No. 1).

Regulation 2 provides that these Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

Regulation 3 provides for Schedule 1 to amend the Freedom of Information (Miscellaneous Provisions) Regulations 1982.

Schedule 1 – Amendments

Item [1] – Schedule 2, after item 71

This item inserts the Chief Executive Officer of the Federal Magistrates Court of Australia as the ‘principal officer’ for the purposes of subparagraph (b)(i) of the definition of ‘principal officer’ in subsection 4(1) of the Freedom of Information Act 1982.

Item [2] – Schedule 3, after item 8

This item inserts the Attorney‑General as the ‘responsible Minister’ in respect of the Federal Magistrates Court of Australia for the purposes of paragraph (d) of the definition of ‘responsible Minister’ in subsection 4(1) of the Freedom of Information Act 1982.

 

Overview

The Freedom of Information (Miscellaneous Provisions) Amendment Regulations 2007 (No. 1) were introduced to clarify and enhance the administration of the Freedom of Information Act 1982. Enacted by the Governor-General under the authority of the Act, these Regulations aim to ensure that the responsibilities associated with the management of Freedom of Information requests within the Federal Magistrates Court of Australia (FMC) are clearly defined. The policy objective is to streamline the process for handling FOI requests by explicitly designating the Chief Executive Officer (CEO) of the FMC as the ‘principal officer’ and the Attorney-General as the ‘responsible Minister’ for the FMC, thereby ensuring accountability and effective governance within the FMC in relation to FOI matters. These amendments were developed in consultation with the FMC, and their implementation ensures compliance with the Act while maintaining minimal impact on business and individuals.

Scope and Application

The Freedom of Information (Miscellaneous Provisions) Amendment Regulations 2007 (No. 1) amends the Freedom of Information (Miscellaneous Provisions) Regulations 1982 to specify the Chief Executive Officer (CEO) of the Federal Magistrates Court of Australia (FMC) as the 'principal officer' and the Attorney-General as the 'responsible Minister' for the purposes of the Freedom of Information Act 1982. These roles are essential for the effective operation of the Act, including the processing of Freedom of Information (FOI) requests. The Regulations apply to the Commonwealth jurisdiction and are limited in scope, affecting only the FMC. The Regulations do not have significant impacts on business or individuals and were developed in consultation with the FMC, with no further consultation deemed necessary. The Regulations came into effect on the day after their registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of the Freedom of Information (Miscellaneous Provisions) Amendment Regulations 2007 (No. 1) (the Regulations) are contained within Schedule 1, which amends the Freedom of Information (Miscellaneous Provisions) Regulations 1982. Specifically, Item [1] of Schedule 1 inserts the Chief Executive Officer (CEO) of the Federal Magistrates Court of Australia (FMC) as the ‘principal officer’ for the purposes of subparagraph (b)(i) of the definition of ‘principal officer’ in the Freedom of Information Act 1982 (the Act) (section 4(1)). Similarly, Item [2] of Schedule 1 inserts the Attorney-General as the ‘responsible Minister’ in respect of the FMC for the purposes of paragraph (d) of the definition of ‘responsible Minister’ in the Act (section 4(1)). These definitions are critical as they assign specific roles and responsibilities under the Act to the CEO of the FMC and the Attorney-General, ensuring clarity in the processing of Freedom of Information (FOI) requests. Under the Act, the ‘principal officer’ and the ‘responsible Minister’ have distinct obligations and requirements. The principal officer, now designated as the CEO of the FMC, is responsible for ensuring that the FMC complies with its obligations under the Act. This includes making decisions on FOI requests, either personally or through an authorised officer, and ensuring that the FMC maintains proper records of FOI activities. The responsible Minister, in this case, the Attorney-General, has the duty to oversee the FMC's compliance with the Act and may be involved in the decision-making process for FOI requests. Both roles are essential for the effective implementation of the Act within the FMC. Breaches of the Act or non-compliance with its provisions can lead to various civil and criminal consequences. For instance, under section 118 of the Act, a person who makes a false statement with the intent to obtain documents or information under the Act may be guilty of an offence and face penalties. The maximum penalty for such an offence can be significant, reflecting the seriousness of the breach. Furthermore, under section 119, any person who intentionally interferes with the operation of the Act, including obstructing an FOI request, may also face criminal penalties. These provisions underscore the importance of adhering to the Act's requirements and the potential legal ramifications for non-compliance.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.