Commonwealth of Australia Explanatory Memoranda

[Index] [Search] [Download] [Bill] [Help]

INFORMATION COMMISSIONER BILL 2009

                               2008-2009-2010

               THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

                          HOUSE OF REPRESENTATIVES

                     INFORMATION COMMISSIONER BILL 2009

                    SUPPLEMENTARY EXPLANATORY MEMORANDUM

     Amendments and New Clauses to be Moved on Behalf of the Government

             (Circulated by authority of the Cabinet Secretary,
                         Senator the Hon Joe Ludwig)


Amendments (1) to (16), (18) to (21)  [Australian Information Commissioner]
The new statutory position of Information Commissioner would be called the
Australian Information Commissioner to distinguish the Commonwealth
position from the several state and territory information commissioners.
Similar amendments are proposed for the Freedom of Information Amendment
(Reform) Bill 2009.

Amendment (1) renames the short title of the Bill the 'Australian
Information Commissioner Bill'.  Amendment (3) has the effect that the term
'Information Commissioner' in any Act means the person appointed as the
'Australian Information Commissioner' under clause 14 of the Bill.

Amendment (17)  [disclosure of interests by Information Advisory Committee
  members]
This amendment inserts new clause 27A which requires members of the
Information Advisory Committee (IAC) to disclose interests (pecuniary or
otherwise) that could conflict with their membership of the IAC.  The
amendment is proposed in response to comments made by the Senate Standing
Committee for the Scrutiny of Bills in its Alert Digest No. 1 of 2010.  IAC
members will be required to disclose interests to the Minister generally
and to IAC meetings where the member has an interest in a matter to be
considered by the IAC.  The disclosure requirements do not apply to the
Information Commissioner, who is already required to disclose conflicting
(or potentially conflicting) interests to the Minister under clause 22 of
the Bill.