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Legislative Assembly for the ACT: 2012 Week 4 Hansard (27 March) . . Page.. 1347..


the process begun in 2009 to ensure that conclusive certificates in all but the most serious of circumstances will be a thing of the past.

The bill also removes from the act any reference to protection from an action for copyright infringement. My directorate has received advice, again from the Government's Solicitor's Office, that the provisions of the FOI Act that seek to provide a protection from actions for copyright infringement are inconsistent with the commonwealth Copyright Act 1968. Further, I am advised that section 28 of the self-government act provides that a territory law will have no effect to the extent that it is inconsistent with a commonwealth law. On this basis, the existing provisions of the FOI Act that seek to provide protection from actions for copyright infringement are inoperative. It is important to note that this is not a change in policy, but merely the removal of an ineffective provision of the act.

In conclusion, the Freedom of Information Amendment Bill will facilitate greater public access to government-held information. It will imbue the FOI Act with the tenets of the "push model"and is a significant example of this government's commitment to transparency and openness in the administration and governance of the territory. I thank members for their support of the bill in principle, and I commend it to the Assembly.

Question resolved in the affirmative.

Bill agreed to in principle.

Detail stage

Clause 1.

Debate (on motion by Mr Rattenbury) adjourned to the next sitting.

Justice and Community Safety Legislation Amendment Bill 2012

Debate resumed from 23 February 2012, on motion by Mr Corbell:

That this bill be agreed to in principle.

MRS DUNNE (Ginninderra) (4.29): The Canberra Liberals are supporting this bill. The bill is purely mechanical in nature and makes a range of simple amendments to a range of laws in the Justice and Community Safety portfolio, the most significant of which is changes to the Wills Act to recognise international wills. I had some queries about this because there was a treaty doing the rounds, which we were advised about, at the same time. I understand that the ACT and other state and territory jurisdictions have to agree to these changes before the commonwealth can adhere to the treaty changes. My office and I have not sought a briefing on these matters. They seem to be eminently straightforward and worthy of support. I thank the minister for bringing this matter forward. I thank the parliamentary counsel for the way in which they deal with these matters. I commend the bill to the Assembly.


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