1 Subsection 38(2)
Omit "Where", substitute "Subject to subsection (3), if".
2 At the end of section 38
Add:
(a) the person requests access to the document; and
(b) disclosure of the document, or information contained in the document,
is prohibited under section 503A of the Migration Act 1958 as
affected by section 503D of that Act.
3 Schedule 3
Insert in its appropriate alphabetical position, determined on a letter-by-letter basis:
Migration Act 1958 , section 503A as affected by section 503D of that Act |
4 Application
(1) The amendments made by this Schedule apply to a request for access to protected information made under the Freedom of Information Act 1982 :
(a) on or after the commencement of this Schedule; or
(b) before the commencement of this Schedule if no decision under the
Freedom of Information Act 1982 in respect of the request has been
made, or has been taken to be made, before the commencement of this
Schedule.
(2) In this item:
protected information means:
(a)
information that:
(i) is communicated to an authorised migration officer by a gazetted
agency on condition that it be treated as confidential information;
and
(ii) is relevant to the exercise of a power under section 501, 501A,
501B or 501C of the Migration Act 1958 ; and
(b) the agency details in relation to the protected information.
(3) In the definition of protected information in subitem (2):
agency
details has the meaning given in subsection 503D(2) of the
Migration Act 1958 .
"authorised migration officer" has the meaning
given in subsection 503A(9) of the Migration Act 1958 .
"gazetted
agency" has the meaning given in subsection 503A(9) of the
Migration Act 1958 .