Freedom of Information (Miscellaneous Provisions) Regulations (Amendment) 1998 No. 111
EXPLANATORY STATEMENT
Statutory Rules 1998 No. 111
Issued by authority of the Assistant Treasurer
Freedom of Information Act 1982
Freedom of Information (Miscellaneous Provisions) Regulations (Amendment)
Item 9 of Schedule 2 Part 1 of the Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998 (the Act) provides that the Governor-General may make regulations in relation to: transitional matters arising out of the repeal of the Economic Planning Advisory Council Act 1983 and the Industry Commission Act 1989; and in relation to the enactment of the Act and the Productivity Commission Act 1998.
Section 94 of the Freedom of Information Act 1982 provides that the Governor-General may make regulations for the purposes of the Act. Freedom of Information (Miscellaneous Provisions) made under the Freedom of Information Act 1982 provide, among other things, that the Director of the Economic Planning Advisory Council (later renamed the Economic Planning Advisory Commission) was the principal officer of the agency for the purposes of the Freedom of Information Act 1982. With the repeal of the Economic Planning Advisory Commission Act 1983 by the Act, this portion of the Freedom of Information (Miscellaneous Provisions) Regulations is redundant.
The purpose of the regulations is to omit the item relating to the Economic Planning Advisory Council from Schedule 2 of the Freedom of Information (Miscellaneous Provisions) Regulations.
Details of the regulations are as follows.
Regulation L provides that these regulations commence on gazettal.
Regulation 2. provides that the Freedom of Information (Miscellaneous Provisions) Regulations are amended as set out in these regulations.
Regulation 3. Schedule 2 provides that item 67, the reference to the Director of the Economic Planning Advisory Council, in Schedule 2 of the Freedom of Information (Miscellaneous Provisions) Regulations is omitted.
Overview
The Freedom of Information (Miscellaneous Provisions) Regulations (Amendment) 1998 No. 111, issued under the authority of the Assistant Treasurer, amends the existing Freedom of Information (Miscellaneous Provisions) Regulations 1991 to address transitional issues arising from the repeal of the Economic Planning Advisory Council Act 1983 and the Industry Commission Act 1989, and consequentially, the enactment of the Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998 and the Productivity Commission Act 1998. The regulations aim to ensure that the Freedom of Information (Miscellaneous Provisions) Regulations are updated to reflect the current administrative landscape by omitting outdated references to the Director of the Economic Planning Advisory Council. The policy objective is to streamline and modernise the regulatory framework to better align with the current legislative environment and to maintain the integrity and accessibility of information under the Freedom of Information Act 1982.
Scope and Application
The Freedom of Information (Miscellaneous Provisions) Regulations (Amendment) 1998 No. 111 applies to the transitional matters arising from the repeal of the Economic Planning Advisory Council Act 1983 and the Industry Commission Act 1989, as well as the enactment of the Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998 and the Productivity Commission Act 1998. These regulations specifically amend the Freedom of Information (Miscellaneous Provisions) Regulations by omitting the reference to the Director of the Economic Planning Advisory Council, which was previously designated as the principal officer for the purposes of the Freedom of Information Act 1982. This amendment is necessary following the repeal of the Economic Planning Advisory Commission Act 1983. The regulations are issued under the authority of the Assistant Treasurer and have a jurisdictional reach across Commonwealth entities subject to the Freedom of Information Act 1982. They do not introduce any new exclusions, exemptions, or thresholds but streamline the regulatory framework to reflect the current legislative environment.
Key Provisions
The primary operative sections of these regulations, as per Regulation 3, involve amending Schedule 2 of the Freedom of Information (Miscellaneous Provisions) Regulations. Specifically, Regulation 3 removes item 67, which pertains to the Director of the Economic Planning Advisory Council, from Schedule 2. This amendment is necessary following the repeal of the Economic Planning Advisory Commission Act 1983 by the Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998. By omitting this reference, the regulations are updated to reflect the current legislative framework.
These regulations impose obligations on parties governed by the Freedom of Information Act 1982 and its associated regulations. The amendment ensures that the Freedom of Information (Miscellaneous Provisions) Regulations no longer contain outdated references that are no longer applicable. This is particularly relevant for the administration of the Freedom of Information Act, as it streamlines the regulatory framework to exclude redundant information about the Economic Planning Advisory Council, which has been repealed.
Breaches of the Freedom of Information Act 1982 can lead to various civil and criminal consequences. Under Section 24 of the Act, a person who is authorised to make a decision under the Act and who contravenes a direction made by the Information Commissioner commits an offence. Such an offence is subject to a penalty of up to 50 penalty units, which equates to approximately AUD 11,000 at the current rate. Additionally, under Section 25, a person who knowingly or recklessly makes a false statement or representation in an application for access to a document commits an offence, with a penalty of up to 50 penalty units. These provisions underscore the importance of compliance with the Act and its associated regulations.