Page:Freedom of Information Act 1982 (Australia).pdf/8

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Freedom of InformationNo. 3, 1982

(3) A person shall not be taken to be a prescribed authority—

(a) by virtue of his holding—
(i) an office of member of the Australian Capital Territory House of Assembly;
(ii) an office of member of the Legislative Assembly of the Northern Territory or of Administrator or of Minister of the Northern Territory; or
(iii) an office of member of the Legislative Assembly of the Territory of Norfolk Island or of Administrator or Deputy Administrator of that Territory or an executive office created pursuant to section 12 of the Norfolk Island Act 1979; or
(b) by virtue of his holding, or performing the duties of—
(i) a prescribed office;
(ii) an office the duties of which he performs as duties of his employment as an officer of a Department or as an officer of or under a prescribed authority;
(iii) an office of member of a body; or
(iv) an office established by an enactment for the purposes of a prescribed authority.

(4) For the purposes of this Act, the Department of Defence shall be deemed to include—

(a) the Defence Force;
(b) the Australian Cadet Corps;
(c) the Naval Reserve Cadets; and
(d) the Air Training Corps.

Act to apply to courts in respect of administrative matters

5. For the purposes of this Act—

(a) a court shall be deemed to be a prescribed authority;
(b) the holder of a judicial office or other office pertaining to a court in his capacity as the holder of that office, being an office established by the legislation establishing the court, shall be deemed not to be a prescribed authority and shall not be included in a Department; and
(c) a registry or other office of a court, and the staff of such a registry or other office when acting in a capacity as members of that staff, shall be taken as a part of the court,

but this Act does not apply to any request for access to a document of the court unless the document relates to matters of an administrative nature.

Act to apply to certain tribunals in respect of administrative matters

6. For the purposes of this Act—

(a) each tribunal, authority or body specified in Schedule 1 is deemed to be a prescribed authority;