Part IVFunctions of the Information Commissioner

## Part IV—Functions of the Information Commissioner 54 Division 1 of Part IV Repeal the Division. 55 Subsections 31(4), 32(2) and 36(1) Omit “Privacy”. 56 Sections 96, 97 and 99 Repeal the sections. 57 Introduction to Schedule 2 Omit “Privacy Commissioner”, substitute “Information Commissioner”. 58 Clause 6.1 of Schedule 2 Omit “Privacy Commissioner”, substitute “Information Commissioner”. Telecommunications Act 1997 59 Paragraphs 117(1)(j) and (k) Omit “Privacy Commissioner”, substitute “Information Commissioner”. 60 Subsection 118(1) (note) Omit “Privacy Commissioner”, substitute “Information Commissioner”. 61 Subsection 118(4A) Omit “Privacy Commissioner”, substitute “Information Commissioner”. 62 Subsection 121(1A) Omit “Privacy Commissioner”, substitute “Information Commissioner”. 63 Subsection 122(3) Omit “Privacy Commissioner”, substitute “Information Commissioner”. 64 Subsection 130(1) (note) Omit “Privacy Commissioner”, substitute “Information Commissioner”. 65 Subsections 134(2) and (3) Omit “Privacy Commissioner”, substitute “Information Commissioner”. Note: The heading to section 134 is altered by omitting “Privacy” and substituting “Information”. 66 Paragraph 295M(1)(a) Omit “Privacy Commissioner” (first occurring), substitute “Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010)”. 67 Paragraph 295M(1)(a) Omit “Privacy Commissioner” (last occurring), substitute “Information Commissioner”. 68 Section 295ZC Omit “Privacy Commissioner”, substitute “Information Commissioner”. Note: The heading to section 295ZC is altered by omitting “Privacy Commissioner” and substituting “Information Commissioner”. 69 Subsection 309(1) Omit “Privacy Commissioner” (wherever occurring), substitute “Information Commissioner”. Note: The heading to section 309 is altered by omitting “Privacy Commissioner” and substituting “Information Commissioner”. 70 After subsection 309(1) Insert: (1A) The function conferred on the Information Commissioner by subsection (1) is a privacy function for the purposes of the Australian Information Commissioner Act 2010. 71 Subsections 309(2) to (4) Omit “Privacy Commissioner” (wherever occurring), substitute “Information Commissioner”. 72 Subsection 309(5) Repeal the subsection (including the note). 73 Paragraphs 515A(2)(a) and (b) Omit “Privacy Commissioner”, substitute “Information Commissioner”. Note: The heading to section 515A is altered by omitting “Privacy Commissioner” and substituting “Information Commissioner”. 74 Paragraphs 515A(3)(a) and (c) Omit “Privacy Commissioner”, substitute “Information Commissioner”. 75 Subsection 515A(4) Omit “Privacy Commissioner” (wherever occurring), substitute “Information Commissioner”. Telecommunications (Interception and Access) Act 1979 76 Subsection 183(3) Omit “Privacy Commissioner”, substitute “Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010)”. Torres Strait Fisheries Act 1984 77 Paragraph 42(2)(e) of Schedule 2 Omit “Privacy Commissioner”, substitute “Information Commissioner under the Privacy Act 1988”. 78 Paragraph 53(2)(g) of Schedule 2 Omit “Privacy Commissioner”, substitute “Information Commissioner”. Schedule 6—Other amendments Part 1—Amendments to the Freedom of Information Act 1982 Freedom of Information Act 1982 1 Subsection 4(1) (definition of agency) Omit “, a prescribed authority or an eligible case manager”, substitute “or a prescribed authority”. 2 Subsection 4(1) Insert: > Commonwealth contract means a contract to which all of the following apply: (a) the Commonwealth or an agency is, or was, a party to the contract; (b) under the contract, services are, or were, to be provided: (i) by another party; and (ii) for or on behalf of an agency; and (iii) to a person who is not the Commonwealth or an agency; (c) the services are in connection with the performance of the functions, or the exercise of the powers, of an agency. 3 Subsection 4(1) Insert: > contracted service provider, for a Commonwealth contract, means an entity that is, or was: (a) a party to the Commonwealth contract; and (b) responsible for the provision of services under the Commonwealth contract. 4 Subsection 4(1) Insert: > defence intelligence document has the meaning given by paragraph 7(2C)(a). 5 Subsection 4(1) (definition of Department) Omit all the words after “Commonwealth”. 6 Subsection 4(1) (paragraph (d) of the definition of document) Repeal the paragraph, substitute: (d) material maintained for reference purposes that is otherwise publicly available; or 7 Subsection 4(1) (definition of document of an agency) Repeal the definition, substitute: > document of an agency: a document is a document of an agency if: (a) the document is in the possession of the agency, whether created in the agency or received in the agency; or (b) in order to comply with section 6C, the agency has taken contractual measures to ensure that it receives the document. 8 Subsection 4(1) Insert: > electronic communication has the same meaning as in the Electronic Transactions Act 1999. 9 Subsection 4(1) (definition of eligible case manager) Repeal the definition. 10 Subsection 4(1) Insert: > intelligence agency document has the meaning given by paragraph 7(2A)(a). 11 Subsection 4(1) Insert: > practical refusal reason has the meaning given by section 24AA. 12 Subsection 4(1) (paragraphs (b) and (c) of the definition of principal officer) Repeal the paragraphs, substitute: (b) in relation to a prescribed authority: (i) if the regulations declare an office to be the principal office of the authority—the person holding, or performing the duties of, that office; (ii) if the authority is an Agency (within the meaning of the Public Service Act 1999) other than a Department and subparagraph (i) does not apply—the Agency Head (within the meaning of the Public Service Act 1999) of the authority; (iii) if neither subparagraph (i) nor (ii) applies—the person responsible for the day‑to‑day management of the authority; (iv) if the authority is constituted by one person and none of subparagraphs (i) to (iii) applies—that person; (v) if the authority is constituted by 2 or more persons and none of subparagraphs (i) to (iv) applies—the person who is entitled to preside at any meeting of the authority at which he or she is present. 13 Subsection 4(1) Insert: > request consultation process has the meaning given by section 24AB. 14 Subsection 4(1) (paragraph (d) of the definition of responsible Minister) Omit “or”. 15 Subsection 4(1) (paragraph (e) of the definition of responsible Minister) Repeal the paragraph. 16 Subsection 4(1) Insert: > subcontractor, for a Commonwealth contract, means an entity: (a) that is, or was, a party to a contract (the subcontract): (i) with a contracted service provider for the Commonwealth contract; or (ii) with another subcontractor for the Commonwealth contract (under a previous application of this definition); and (b) that is, or was, responsible under the subcontract for the provision of services for the purposes (whether direct or indirect) of the Commonwealth contract. 17 Subsection 4(8) Repeal the subsection. 18 Section 6B Repeal the section. 19 Before section 7 Insert: