Government Information (Public Access) Act 2009 No 52
Current version for 1 December 2014 to date (accessed 23 December 2014 at 11:51)
Schedule 3

Schedule 3 Savings, transitional and other provisions

Part 1 General

1   Regulations

(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

this Act

Government Information (Information Commissioner) Act 2009

Government Information (Public Access) (Consequential Amendments and Repeal) Act 2009

Government Information (Public Access) Amendment Act 2012

(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as:
(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 Provisions consequent on enactment of this Act

2   Definition

In this Part:

FOI Act means the Freedom of Information Act 1989 as in force immediately before its repeal.

3   FOI access applications

(1)  The FOI Act continues to apply (as if it had not been repealed) to and in respect of:
(a)  an application under that Act for access to an agency’s documents or a Minister’s documents that was made or determined before the repeal of that Act, and
(b)  any determination made in respect of any such application (whether made before or after the repeal of that Act).
(2)  A provision of an Act amended by the Government Information (Public Access) (Consequential Amendments and Repeal) Act 2009 has effect in relation to an application under the FOI Act referred to in subclause (1) as if the provision had not been amended by that Act.
(3)  An application to an agency for access to government information that is made within the period of 12 months after the repeal of the FOI Act that states that it is made under or for the purposes of the FOI Act is deemed to state that it is made under this Act and is to be dealt with accordingly.

4   FOI amendment of records applications

(1)  The FOI Act continues to apply (as if it had not been repealed) to and in respect of:
(a)  an application under that Act for amendment of an agency’s records that was made or determined before the repeal of that Act, and
(b)  any determination made in respect of any such application (whether made before or after the repeal of that Act).
(2)  A provision of an Act amended by the Government Information (Public Access) (Consequential Amendments and Repeal) Act 2009 has effect in relation to an application under the FOI Act referred to in subclause (1) as if the provision had not been amended by that Act.
(3)  An application to an agency for amendment of the agency’s records that is made within the period of 12 months after the repeal of the FOI Act that states that it is made under or for the purposes of that Act (or Part 4 of that Act) is deemed to state that it is made under Part 6A of the Privacy and Personal Information Protection Act 1998 and is to be dealt with accordingly.

5   Register of government contracts

(1)  Division 5 (Government contracts with private sector) of Part 3 does not apply to a government contract entered into by or on behalf of an agency before 1 January 2007 (being the date of commencement of section 15A of the FOI Act).
(2)  Division 5 of Part 3 does not apply to a government contract entered into by a SOC or local authority before the commencement of this clause.

Part 3 Provisions consequent on enactment of Government Information (Public Access) Amendment Act 2012

6   Definition

In this Part:

amending Act means the Government Information (Public Access) Amendment Act 2012.

7   Application of amendments to pending access applications

(1)  Section 55, as amended by the amending Act, extends to access applications made before its amendment.
(2)  Section 56, as in force before its amendment by the amending Act, extends to access applications made (but not decided by an agency) before its amendment.

8   Application of changes to time periods

An amendment made to this Act by the amending Act that alters a period of time for the taking of action under this Act does not apply to a person in connection with a matter arising before the amendment’s commencement if the result of applying the amendment would be to deny the person a right to take action that the person would have had but for the amendment.

9   Existing publication guides taken to be agency information guides

Any guide that was a publication guide for an agency immediately before the commencement of Schedule 1 [2] to the amending Act is taken to be the agency information guide for that agency until a new guide is required to be adopted by the agency under this Act.
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