Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Download] [Help]

MIGRATION LEGISLATION AMENDMENT (PROTECTED INFORMATION) ACT 2003 NO. 75, 2003 - SCHEDULE 2

- Amendment of the Freedom of Information Act 1982

1 Subsection 38(2)

Omit "Where", substitute "Subject to subsection (3), if".

2 At the end of section 38

Add:

(3)
This section applies in relation to a document so far as it contains personal information about a person if:

(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 .




AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback