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Legislative Assembly for the ACT: 2001 Week 7 Hansard (21 June) . . Page.. 2418 ..
4
Clause 3
Definition of release day
Page 2, line 19-
Omit the definition.5
Clauses 5, 6 and 7
Proposed new clauses 5, 6 and 7
Page 3, line 1-
Omit the clauses, substitute the following new clauses:5 Application to previous executive documents
This Act applies to an executive document even if its submission day was before this Act commenced.6 List of accessible executive documents must be published
The chief executive must arrange for a list of all accessible executive documents to be available to the public, without charge, in printed and in electronic form.Example
To make the list available to the public in electronic form, the chief executive might make an electronic file of the list available on a website.Note An executive document becomes an accessible executive document on its earliest release day (see s 3, defs of accessible executive document and earliest release day ).
7 Availability of accessible executive documents under FOI Act
(1) This section applies if a request is made, under the Freedom of Information Act 1989 (the FOI Act ), for access to an executive document on or after its earliest release day.(2) The executive document that is the subject of the request is not an exempt document for the FOI Act, section 35 (Executive documents) on or after the document's earliest release day.
(3) The FOI Act, section 35 (3) to (6) does not apply in relation to the executive document that is the subject of the request on or after the document's earliest release day.
Note 1 The FOI Act, s 35 (1) defines a category of documents that are exempt from disclosure under that Act. This category includes, but is broader than, the category of executive documents defined for this Act, s 3. The effect of s (2) of this section (above) is to provide that an executive document within the meaning of this Act, s 3 is not exempt from disclosure under the FOI Act, s 35 on or after its earliest release day (see s 3, def of earliest release day ).
Note 2 The FOI Act, s 35 (3) to s (6) provides that a document may be declared by the relevant chief executive to be exempt under s 35 on the ground that it is an exempt document as defined in that Act, s 35 (1). The effect of s (3) of this section (above) is to ensure that the chief executive's power of exemption under the FOI Act is not available to the chief executive for an executive document (within the meaning of this Act, s 3) on or after its earliest release day (see s 3, def of earliest release day ).
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