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Education and Care Services National Regulations
209Miscellaneous modifications
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#### 209 Miscellaneous modifications
209 Miscellaneous modifications
> The FOI Act applies—
>
> > (a) as if a reference to the Commonwealth or the Government of the Commonwealth (other than a reference in relation to a matter affecting national security, defence, international relations or the national economy) were a reference to a participating jurisdiction or the Government of a participating jurisdiction; and
>
> > (b) as if a reference to the Parliament were a reference to the Parliaments of the Commonwealth and the participating jurisdictions; and
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> > (c) as if a reference to relations, arrangements or communications between the Commonwealth and a State included a reference to relations, arrangements or communications between States; and
>
> > (d) as if a reference to the Federal Court were a reference to the Supreme Court, or another court of competent jurisdiction, of a participating jurisdiction; and
>
> > (e) as if—
> >
> > > (i) a reference to the Administrative Appeals Tribunal were a reference to a relevant administrative tribunal; and
> >
> > > (ii) a provision of the [Administrative Appeals Tribunal Act 1975](http://www.legislation.gov.au/) did not apply; and
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> > (f) as if a reference to the Ombudsman were a reference to the Education and Care Services Ombudsman; and
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> > (g) as if a reference to any other Commonwealth office holder or body (other than a reference to the Inspector-General of Intelligence and Security) were a reference to the equivalent office holder or body of a participating jurisdiction; and
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> > (h) as if a requirement for a Minister to prepare a report on the operation of the Act were a requirement for the National Authority to include a report on the operation of the Act, so far as it relates to the National Authority, in its annual report; and
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> > (i) as if a reference to the payment of costs by the Commonwealth were a reference to the payment of costs by the National Authority from the Authority Fund; and
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> > (j) as if it were modified so that the provisions relating to transferring complaints to the Ombudsman do not apply to complaints made about a Regulatory Authority; and
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> > (ja) as if a reference in sections 8(3) and 11C(2) to legislative instrument were a reference to instrument; and
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> > (k) with any other modifications that are necessary for the effective administration of the FOI Act for the purposes of the National Quality Framework.
>
> **Reg 209:** Am 2023 (399), reg 78.