Page:Freedom of Information Act 1982 (Australia).pdf/6

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Freedom of InformationNo. 3, 1982

"exempt document" means—

(a) a document which, by virtue of a provision of Part IV, is an exempt document;
(b) a document in respect of which, by virtue of section 7 or regulations made in accordance with that section, an agency is exempt from the operation of this Act; or
(c) an official document of a Minister that contains some matter that does not relate to the affairs of an agency or of a Department of State;

"exempt matter" means matter the inclusion of which in a document causes the document to be an exempt document;

"officer", in relation to an agency, includes a member of the agency or a member of the staff of the agency;

"official document of a Minister" or "official document of the Minister" means a document in the possession of a Minister, or in the possession of the Minister concerned, as the case requires, that relates to the affairs of an agency or of a Department of State and, for the purposes of this definition, a Minister shall be deemed to be in possession of a document that has passed from his possession if he is entitled to access to the document and the document is not a document of an agency;

"Ombudsman" means the Commonwealth Ombudsman;

"Ordinance", in relation to the Australian Capital Territory, includes a law of a State that applies, or the provisions of a law of a State that apply, in the Territory by virtue of an enactment;

"prescribed authority" means—

(a) a body corporate, or an unincorporated body, established for a public purpose by, or in accordance with the provisions of, an enactment, other than—
(i) an incorporated company or association;
(ii) a body that, under sub-section (2), is not to be taken to be a prescribed authority for the purposes of this Act;
(iii) the Australian Capital Territory House of Assembly;
(iv) the Legislative Assembly of the Northern Territory or the Executive Council of the Northern Territory;
(v) the Legislative Assembly of the Territory of Norfolk Island; or
(vi) a Royal Commission;
(b) any other body, whether incorporated or unincorporated, declared by the regulations to be a prescribed authority for the purposes of this Act, being—
(i) a body established by the Governor-General or by a Minister; or