- Archives Amendment Act 2008
- No. 113, 2008
- Contents
- Schedule 1—Amendments
- The Parliament of Australia enacts
- 1 Short title
- 2 Commencement
- 3 Schedule(s)
- Schedule 1—Amendments
- Archives Act 1983
- Copyright Act 1968
- Freedom of Information Act 1982
- Privacy Act 1988
Archives Amendment Act 2008 No. 113, 2008
An Act to amend the Archives Act 1983, and for related purposes
Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/)
Contents
1 Short title...........................................................................................1 2 Commencement.................................................................................1 3 Schedule(s)........................................................................................2
Schedule 1—Amendments 3 Archives Act 1983 3 Copyright Act 1968 10 Freedom of Information Act 1982 16 Privacy Act 1988 17
Archives Amendment Act 2008 No. 113, 2008
Archives Amendment Act 2008
No. 113, 2008
An Act to amend the Archives Act 1983, and for related purposes
[Assented to 31 October 2008] The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Archives Amendment Act 2008.
2 Commencement
This Act commences on the day after it receives the Royal Assent.
Archives Amendment Act 2008 No. 113, 2008
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Archives Act 1983
1 After section 2
Insert:
2A Objects of this Act
The objects of this Act are: - (a)
- to provide for a National Archives of Australia, whose functions include:
- (i)
- identifying the archival resources of the Commonwealth; and
- (ii)
- preserving and making publicly available the archival resources of the Commonwealth; and
(iii) overseeing Commonwealth record-keeping, by determining standards and providing advice to Commonwealth institutions; and
- (b)
- to impose record-keeping obligations in respect of Commonwealth records.
2 Subsection 3(1)
Insert:
care: a record is in the care of the Archives if: - (a)
- the record is in the custody of the Archives; or
- (b)
- the record is in the custody of a person in accordance with arrangements referred to in section 64.
3 Subsection 3(1) (definition of material of the Archives)
Repeal the definition, substitute:
material of the Archives means records in the care of the Archives (other than current Commonwealth records relating to the administration of the Archives).
4 Subsection 3(1) (definition of record)
Repeal the definition, substitute:
record means a document, or an object, in any form (including any electronic form) that is, or has been, kept by reason of: - (a)
- any information or matter that it contains or that can be obtained from it; or
- (b)
- its connection with any event, person, circumstance or thing.
Note: For the definition of document, see section 25 of the Acts Interpretation Act 1901.
5 After section 3B
Insert:
3C Director-General may determine archival resources of the Commonwealth
(1) The Director-General may, in writing, determine that a specified Commonwealth record or other material is part of the archival resources of the Commonwealth.
Note: The Director-General may specify a record by reference to a class of records (see subsection 46(3) of the Acts Interpretation Act 1901). - (2)
- The Director-General must not make a determination under this section unless he or she is satisfied that the specified Commonwealth record or other material is part of the archival resources of the Commonwealth (within the meaning of subsection 3(2)).
- (3)
- A determination under this section may be set out in the same document as a permission or approval given under paragraph 24(2)(b) or a notice of disapproval given under paragraph 24(2)(c).
- (4)
- A determination under this section is not a legislative instrument.
6 Transitional—section 3C of the Archives Act 1983 - (1)
- This item applies to a Commonwealth record if:
- (a)
- an arrangement by the Director-General relating to the disposal or custody of Commonwealth records is in operation immediately before the commencement of this item; and
- (b)
- the arrangement classified the record as “Retain as National Archives”; and
- (c)
- the record is not covered by a determination made under subitem (3).
- (2)
- The record is, at the commencement of this item, taken to be determined to be part of the archival resources of the Commonwealth under section 3C of the Archives Act 1983.
- (3)
- The Director-General may, by writing, determine that this item does not apply to a record.
- (4)
- A determination made under subitem (3) is not a legislative instrument.
7 Subsection 5(1)
Omit “, within the Department,”.
8 At the end of paragraphs 5(2)(a) and (b)
Add “and”.
9 Paragraph 5(2)(c)
Omit “keeping”, substitute “creation, keeping and management”.
10 At the end of paragraph 5(2)(c)
Add “and”.
11 Paragraph 5(2)(d)
Omit “ascertain”, substitute “determine”.
12 At the end of paragraph 5(2)(d)
Add “and”.
13 Paragraph 5(2)(e)
Omit “custody”, substitute “care”.
14 At the end of subparagraph 5(2)(e)(i)
Add “or”.
15 Subparagraph 5(2)(e)(ii)
Omit “ascertain”, substitute “determine”.
16 Subparagraph 5(2)(e)(iii)
Repeal the subparagraph, substitute:
(iii) are required to be preserved (other than permanently preserved); and
17 Paragraph 5(2)(f)
Omit “custody” (first and third occurring), substitute “care”.
18 At the end of paragraph 5(2)(f)
Add “and”.
19 Paragraph 5(2)(g)
Omit “custody” (wherever occurring), substitute “care”.
20 At the end of paragraphs 5(2)(g), (h), (j) and (k)
Add “and”.
21 Subsection 5(3)
Omit “the Public Service Board or”.
22 Subsections 6(2) and (3)
Omit “custody”, substitute “care”.
23 At the end of Part II
Add:
6A Records that are not part of the archival resources of the Commonwealth
- (1)
- Nothing in this Act requires the Archives to accept the care of a Commonwealth record that has not been determined to be part of the archival resources of the Commonwealth under section 3C.
- (2)
- If:
- (a)
- a Commonwealth institution has transferred a Commonwealth record to the care of the Archives; and
- (b)
- the record has not been determined to be part of the archival
resources of the Commonwealth under section 3C; the Archives may: - (c)
- if another Commonwealth institution has succeeded to the relevant functions of the institution—cause the record to be transferred to the custody of that successor institution, but only in accordance with arrangements agreed to by that successor institution; or
- (d)
- otherwise—cause the record to be transferred to the custody of the institution, but only in accordance with arrangements agreed to by the institution.
24 Application—subsection 6A(2) of the Archives Act 1983
Subsection 6A(2) of the Archives Act 1983, as inserted by this Schedule, applies to Commonwealth records transferred to the care of the Archives before or after the commencement of this item.
25 Subsection 22(3)
Omit “custody” (second occurring), substitute “care”.
26 Subsection 24(4)
Omit “received into the custody of the Archives from”, substitute “transferred to the care of the Archives by”.
27 Section 27
Repeal the section, substitute:
27 Transfer of certain Commonwealth records to care of Archives
(1) This section applies to a Commonwealth record that: - (a)
- is in the custody of a Commonwealth institution other than the Archives; and
- (b)
- has been determined to be part of the archival resources of the Commonwealth under section 3C.
Note: In certain circumstances a Commonwealth institution or Minister can exempt a record from this section (see section 29). - (2)
- The person responsible for the custody of the record must cause the record to be transferred to the care of the Archives in accordance with arrangements approved by the Archives.
- (3)
- The record must be transferred:
- (a)
- if the record ceases to be a current Commonwealth record— as soon as practicable after the record ceases to be a current Commonwealth record; and
- (b)
- in any event—within 25 years of the record coming into existence.
28 At the end of section 28
Add:
Note: In certain circumstances a Commonwealth institution or Minister can exempt a record from this section (see section 29).
29 Paragraphs 29(1)(a) and (2)(a)
Omit “custody”, substitute “care”.
30 Subsection 29(3)
Omit “custody”, substitute “care”.
31 At the end of subsection 29(3)
Add:
An Act to amend the Archives Act 1983, and for related purposes
Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/)
Contents
1 Short title...........................................................................................1 2 Commencement.................................................................................1 3 Schedule(s)........................................................................................2
Schedule 1—Amendments 3 Archives Act 1983 3 Copyright Act 1968 10 Freedom of Information Act 1982 16 Privacy Act 1988 17
Archives Amendment Act 2008 No. 113, 2008
Archives Amendment Act 2008
No. 113, 2008
An Act to amend the Archives Act 1983, and for related purposes
[Assented to 31 October 2008] The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Archives Amendment Act 2008.
2 Commencement
This Act commences on the day after it receives the Royal Assent.
Archives Amendment Act 2008 No. 113, 2008
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Archives Act 1983
1 After section 2
Insert:
2A Objects of this Act
The objects of this Act are: - (a)
- to provide for a National Archives of Australia, whose functions include:
- (i)
- identifying the archival resources of the Commonwealth; and
- (ii)
- preserving and making publicly available the archival resources of the Commonwealth; and
(iii) overseeing Commonwealth record-keeping, by determining standards and providing advice to Commonwealth institutions; and
- (b)
- to impose record-keeping obligations in respect of Commonwealth records.
2 Subsection 3(1)
Insert:
care: a record is in the care of the Archives if: - (a)
- the record is in the custody of the Archives; or
- (b)
- the record is in the custody of a person in accordance with arrangements referred to in section 64.
3 Subsection 3(1) (definition of material of the Archives)
Repeal the definition, substitute:
material of the Archives means records in the care of the Archives (other than current Commonwealth records relating to the administration of the Archives).
4 Subsection 3(1) (definition of record)
Repeal the definition, substitute:
record means a document, or an object, in any form (including any electronic form) that is, or has been, kept by reason of: - (a)
- any information or matter that it contains or that can be obtained from it; or
- (b)
- its connection with any event, person, circumstance or thing.
Note: For the definition of document, see section 25 of the Acts Interpretation Act 1901.
5 After section 3B
Insert:
3C Director-General may determine archival resources of the Commonwealth
(1) The Director-General may, in writing, determine that a specified Commonwealth record or other material is part of the archival resources of the Commonwealth.
Note: The Director-General may specify a record by reference to a class of records (see subsection 46(3) of the Acts Interpretation Act 1901). - (2)
- The Director-General must not make a determination under this section unless he or she is satisfied that the specified Commonwealth record or other material is part of the archival resources of the Commonwealth (within the meaning of subsection 3(2)).
- (3)
- A determination under this section may be set out in the same document as a permission or approval given under paragraph 24(2)(b) or a notice of disapproval given under paragraph 24(2)(c).
- (4)
- A determination under this section is not a legislative instrument.
6 Transitional—section 3C of the Archives Act 1983 - (1)
- This item applies to a Commonwealth record if:
- (a)
- an arrangement by the Director-General relating to the disposal or custody of Commonwealth records is in operation immediately before the commencement of this item; and
- (b)
- the arrangement classified the record as “Retain as National Archives”; and
- (c)
- the record is not covered by a determination made under subitem (3).
- (2)
- The record is, at the commencement of this item, taken to be determined to be part of the archival resources of the Commonwealth under section 3C of the Archives Act 1983.
- (3)
- The Director-General may, by writing, determine that this item does not apply to a record.
- (4)
- A determination made under subitem (3) is not a legislative instrument.
7 Subsection 5(1)
Omit “, within the Department,”.
8 At the end of paragraphs 5(2)(a) and (b)
Add “and”.
9 Paragraph 5(2)(c)
Omit “keeping”, substitute “creation, keeping and management”.
10 At the end of paragraph 5(2)(c)
Add “and”.
11 Paragraph 5(2)(d)
Omit “ascertain”, substitute “determine”.
12 At the end of paragraph 5(2)(d)
Add “and”.
13 Paragraph 5(2)(e)
Omit “custody”, substitute “care”.
14 At the end of subparagraph 5(2)(e)(i)
Add “or”.
15 Subparagraph 5(2)(e)(ii)
Omit “ascertain”, substitute “determine”.
16 Subparagraph 5(2)(e)(iii)
Repeal the subparagraph, substitute:
(iii) are required to be preserved (other than permanently preserved); and
17 Paragraph 5(2)(f)
Omit “custody” (first and third occurring), substitute “care”.
18 At the end of paragraph 5(2)(f)
Add “and”.
19 Paragraph 5(2)(g)
Omit “custody” (wherever occurring), substitute “care”.
20 At the end of paragraphs 5(2)(g), (h), (j) and (k)
Add “and”.
21 Subsection 5(3)
Omit “the Public Service Board or”.
22 Subsections 6(2) and (3)
Omit “custody”, substitute “care”.
23 At the end of Part II
Add:
6A Records that are not part of the archival resources of the Commonwealth
- (1)
- Nothing in this Act requires the Archives to accept the care of a Commonwealth record that has not been determined to be part of the archival resources of the Commonwealth under section 3C.
- (2)
- If:
- (a)
- a Commonwealth institution has transferred a Commonwealth record to the care of the Archives; and
- (b)
- the record has not been determined to be part of the archival
resources of the Commonwealth under section 3C; the Archives may: - (c)
- if another Commonwealth institution has succeeded to the relevant functions of the institution—cause the record to be transferred to the custody of that successor institution, but only in accordance with arrangements agreed to by that successor institution; or
- (d)
- otherwise—cause the record to be transferred to the custody of the institution, but only in accordance with arrangements agreed to by the institution.
24 Application—subsection 6A(2) of the Archives Act 1983
Subsection 6A(2) of the Archives Act 1983, as inserted by this Schedule, applies to Commonwealth records transferred to the care of the Archives before or after the commencement of this item.
25 Subsection 22(3)
Omit “custody” (second occurring), substitute “care”.
26 Subsection 24(4)
Omit “received into the custody of the Archives from”, substitute “transferred to the care of the Archives by”.
27 Section 27
Repeal the section, substitute:
27 Transfer of certain Commonwealth records to care of Archives
(1) This section applies to a Commonwealth record that: - (a)
- is in the custody of a Commonwealth institution other than the Archives; and
- (b)
- has been determined to be part of the archival resources of the Commonwealth under section 3C.
Note: In certain circumstances a Commonwealth institution or Minister can exempt a record from this section (see section 29). - (2)
- The person responsible for the custody of the record must cause the record to be transferred to the care of the Archives in accordance with arrangements approved by the Archives.
- (3)
- The record must be transferred:
- (a)
- if the record ceases to be a current Commonwealth record— as soon as practicable after the record ceases to be a current Commonwealth record; and
- (b)
- in any event—within 25 years of the record coming into existence.
28 At the end of section 28
Add:
Note: In certain circumstances a Commonwealth institution or Minister can exempt a record from this section (see section 29).
29 Paragraphs 29(1)(a) and (2)(a)
Omit “custody”, substitute “care”.
30 Subsection 29(3)
Omit “custody”, substitute “care”.
31 At the end of subsection 29(3)
Add:
Contents
1 Short title...........................................................................................1 2 Commencement.................................................................................1 3 Schedule(s)........................................................................................2
Schedule 1—Amendments 3 Archives Act 1983 3 Copyright Act 1968 10 Freedom of Information Act 1982 16 Privacy Act 1988 17
Archives Amendment Act 2008 No. 113, 2008
Archives Amendment Act 2008
No. 113, 2008
An Act to amend the Archives Act 1983, and for related purposes
[Assented to 31 October 2008] The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Archives Amendment Act 2008.
2 Commencement
This Act commences on the day after it receives the Royal Assent.
Archives Amendment Act 2008 No. 113, 2008
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Archives Act 1983
1 After section 2
Insert:
2A Objects of this Act
The objects of this Act are: - (a)
- to provide for a National Archives of Australia, whose functions include:
- (i)
- identifying the archival resources of the Commonwealth; and
- (ii)
- preserving and making publicly available the archival resources of the Commonwealth; and
(iii) overseeing Commonwealth record-keeping, by determining standards and providing advice to Commonwealth institutions; and
- (b)
- to impose record-keeping obligations in respect of Commonwealth records.
2 Subsection 3(1)
Insert:
care: a record is in the care of the Archives if: - (a)
- the record is in the custody of the Archives; or
- (b)
- the record is in the custody of a person in accordance with arrangements referred to in section 64.
3 Subsection 3(1) (definition of material of the Archives)
Repeal the definition, substitute:
material of the Archives means records in the care of the Archives (other than current Commonwealth records relating to the administration of the Archives).
4 Subsection 3(1) (definition of record)
Repeal the definition, substitute:
record means a document, or an object, in any form (including any electronic form) that is, or has been, kept by reason of: - (a)
- any information or matter that it contains or that can be obtained from it; or
- (b)
- its connection with any event, person, circumstance or thing.
Note: For the definition of document, see section 25 of the Acts Interpretation Act 1901.
5 After section 3B
Insert:
3C Director-General may determine archival resources of the Commonwealth
(1) The Director-General may, in writing, determine that a specified Commonwealth record or other material is part of the archival resources of the Commonwealth.
Note: The Director-General may specify a record by reference to a class of records (see subsection 46(3) of the Acts Interpretation Act 1901). - (2)
- The Director-General must not make a determination under this section unless he or she is satisfied that the specified Commonwealth record or other material is part of the archival resources of the Commonwealth (within the meaning of subsection 3(2)).
- (3)
- A determination under this section may be set out in the same document as a permission or approval given under paragraph 24(2)(b) or a notice of disapproval given under paragraph 24(2)(c).
- (4)
- A determination under this section is not a legislative instrument.
6 Transitional—section 3C of the Archives Act 1983 - (1)
- This item applies to a Commonwealth record if:
- (a)
- an arrangement by the Director-General relating to the disposal or custody of Commonwealth records is in operation immediately before the commencement of this item; and
- (b)
- the arrangement classified the record as “Retain as National Archives”; and
- (c)
- the record is not covered by a determination made under subitem (3).
- (2)
- The record is, at the commencement of this item, taken to be determined to be part of the archival resources of the Commonwealth under section 3C of the Archives Act 1983.
- (3)
- The Director-General may, by writing, determine that this item does not apply to a record.
- (4)
- A determination made under subitem (3) is not a legislative instrument.
7 Subsection 5(1)
Omit “, within the Department,”.
8 At the end of paragraphs 5(2)(a) and (b)
Add “and”.
9 Paragraph 5(2)(c)
Omit “keeping”, substitute “creation, keeping and management”.
10 At the end of paragraph 5(2)(c)
Add “and”.
11 Paragraph 5(2)(d)
Omit “ascertain”, substitute “determine”.
12 At the end of paragraph 5(2)(d)
Add “and”.
13 Paragraph 5(2)(e)
Omit “custody”, substitute “care”.
14 At the end of subparagraph 5(2)(e)(i)
Add “or”.
15 Subparagraph 5(2)(e)(ii)
Omit “ascertain”, substitute “determine”.
16 Subparagraph 5(2)(e)(iii)
Repeal the subparagraph, substitute:
(iii) are required to be preserved (other than permanently preserved); and
17 Paragraph 5(2)(f)
Omit “custody” (first and third occurring), substitute “care”.
18 At the end of paragraph 5(2)(f)
Add “and”.
19 Paragraph 5(2)(g)
Omit “custody” (wherever occurring), substitute “care”.
20 At the end of paragraphs 5(2)(g), (h), (j) and (k)
Add “and”.
21 Subsection 5(3)
Omit “the Public Service Board or”.
22 Subsections 6(2) and (3)
Omit “custody”, substitute “care”.
23 At the end of Part II
Add:
6A Records that are not part of the archival resources of the Commonwealth
- (1)
- Nothing in this Act requires the Archives to accept the care of a Commonwealth record that has not been determined to be part of the archival resources of the Commonwealth under section 3C.
- (2)
- If:
- (a)
- a Commonwealth institution has transferred a Commonwealth record to the care of the Archives; and
- (b)
- the record has not been determined to be part of the archival
resources of the Commonwealth under section 3C; the Archives may: - (c)
- if another Commonwealth institution has succeeded to the relevant functions of the institution—cause the record to be transferred to the custody of that successor institution, but only in accordance with arrangements agreed to by that successor institution; or
- (d)
- otherwise—cause the record to be transferred to the custody of the institution, but only in accordance with arrangements agreed to by the institution.
24 Application—subsection 6A(2) of the Archives Act 1983
Subsection 6A(2) of the Archives Act 1983, as inserted by this Schedule, applies to Commonwealth records transferred to the care of the Archives before or after the commencement of this item.
25 Subsection 22(3)
Omit “custody” (second occurring), substitute “care”.
26 Subsection 24(4)
Omit “received into the custody of the Archives from”, substitute “transferred to the care of the Archives by”.
27 Section 27
Repeal the section, substitute:
27 Transfer of certain Commonwealth records to care of Archives
(1) This section applies to a Commonwealth record that: - (a)
- is in the custody of a Commonwealth institution other than the Archives; and
- (b)
- has been determined to be part of the archival resources of the Commonwealth under section 3C.
Note: In certain circumstances a Commonwealth institution or Minister can exempt a record from this section (see section 29). - (2)
- The person responsible for the custody of the record must cause the record to be transferred to the care of the Archives in accordance with arrangements approved by the Archives.
- (3)
- The record must be transferred:
- (a)
- if the record ceases to be a current Commonwealth record— as soon as practicable after the record ceases to be a current Commonwealth record; and
- (b)
- in any event—within 25 years of the record coming into existence.
28 At the end of section 28
Add:
Note: In certain circumstances a Commonwealth institution or Minister can exempt a record from this section (see section 29).
29 Paragraphs 29(1)(a) and (2)(a)
Omit “custody”, substitute “care”.
30 Subsection 29(3)
Omit “custody”, substitute “care”.
31 At the end of subsection 29(3)
Add:
Schedule 1—Amendments 3 Archives Act 1983 3 Copyright Act 1968 10 Freedom of Information Act 1982 16 Privacy Act 1988 17
Archives Amendment Act 2008 No. 113, 2008
An Act to amend the Archives Act 1983, and for related purposes
This Act may be cited as the Archives Amendment Act 2008.
This Act commences on the day after it receives the Royal Assent.
Archives Amendment Act 2008 No. 113, 2008
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
1 After section 2
Insert:
The objects of this Act are: 2 Subsection 3(1)
Insert:
care: a record is in the care of the Archives if: 3 Subsection 3(1) (definition of material of the Archives)
Repeal the definition, substitute:
material of the Archives means records in the care of the Archives (other than current Commonwealth records relating to the administration of the Archives).
4 Subsection 3(1) (definition of record)
Repeal the definition, substitute:
record means a document, or an object, in any form (including any electronic form) that is, or has been, kept by reason of: Note: For the definition of document, see section 25 of the Acts Interpretation Act 1901.
5 After section 3B
Insert:
(1) The Director-General may, in writing, determine that a specified Commonwealth record or other material is part of the archival resources of the Commonwealth.
Note: The Director-General may specify a record by reference to a class of records (see subsection 46(3) of the Acts Interpretation Act 1901). 6 Transitional—section 3C of the Archives Act 1983 7 Subsection 5(1)
Omit “, within the Department,”.
8 At the end of paragraphs 5(2)(a) and (b)
Add “and”.
9 Paragraph 5(2)(c)
Omit “keeping”, substitute “creation, keeping and management”.
10 At the end of paragraph 5(2)(c)
Add “and”.
11 Paragraph 5(2)(d)
Omit “ascertain”, substitute “determine”.
12 At the end of paragraph 5(2)(d)
Add “and”.
13 Paragraph 5(2)(e)
Omit “custody”, substitute “care”.
14 At the end of subparagraph 5(2)(e)(i)
Add “or”.
15 Subparagraph 5(2)(e)(ii)
Omit “ascertain”, substitute “determine”.
16 Subparagraph 5(2)(e)(iii)
Repeal the subparagraph, substitute:
(iii) are required to be preserved (other than permanently preserved); and
17 Paragraph 5(2)(f)
Omit “custody” (first and third occurring), substitute “care”.
18 At the end of paragraph 5(2)(f)
Add “and”.
19 Paragraph 5(2)(g)
Omit “custody” (wherever occurring), substitute “care”.
20 At the end of paragraphs 5(2)(g), (h), (j) and (k)
Add “and”.
21 Subsection 5(3)
Omit “the Public Service Board or”.
22 Subsections 6(2) and (3)
Omit “custody”, substitute “care”.
23 At the end of Part II
Add:
resources of the Commonwealth under section 3C; the Archives may: 24 Application—subsection 6A(2) of the Archives Act 1983
Subsection 6A(2) of the Archives Act 1983, as inserted by this Schedule, applies to Commonwealth records transferred to the care of the Archives before or after the commencement of this item.
25 Subsection 22(3)
Omit “custody” (second occurring), substitute “care”.
26 Subsection 24(4)
Omit “received into the custody of the Archives from”, substitute “transferred to the care of the Archives by”.
27 Section 27
Repeal the section, substitute:
(1) This section applies to a Commonwealth record that: Note: In certain circumstances a Commonwealth institution or Minister can exempt a record from this section (see section 29). 28 At the end of section 28
Add:
Note: In certain circumstances a Commonwealth institution or Minister can exempt a record from this section (see section 29).
29 Paragraphs 29(1)(a) and (2)(a)
Omit “custody”, substitute “care”.
30 Subsection 29(3)
Omit “custody”, substitute “care”.
31 At the end of subsection 29(3)
Add:
Archives Amendment Act 2008
No. 113, 2008
[Assented to 31 October 2008] The Parliament of Australia enacts:
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Archives Act 1983
2A Objects of this Act
(iii) overseeing Commonwealth record-keeping, by determining standards and providing advice to Commonwealth institutions; and
3C Director-General may determine archival resources of the Commonwealth
6A Records that are not part of the archival resources of the Commonwealth
27 Transfer of certain Commonwealth records to care of Archives