Archives Act 1983 (consolidated as of October 3, 2014), Australia, WIPO Lex

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English Archives Act 1983 (consolidated as of October 3, 2014)

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Archives Act (consolidated as of 3 October 2014)

Prepared by the Office of Parliamentary Counsel, Canberra

Archives Act 1983

No. 79, 1983 as amended

Compilation start date: 3 October 2014

Includes amendments up to: Act No. 108, 2014

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About this compilation

This compilation

This is a compilation of the Archives Act 1983 as in force on 3 October 2014. It

includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 8 October 2014.

The notes at the end of this compilation (the endnotes) include information

about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the

compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and

amendments

If the operation of a provision or amendment is affected by an application,

saving or transitional provision that is not included in this compilation, details

are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force,

details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have

effect in accordance with a provision of the law, details are included in the

endnotes.

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Archives Act 1983 i

Contents

Part I—Preliminary 1 1 Short title ...........................................................................................1

2 Commencement.................................................................................1

2A Objects of this Act .............................................................................1

3 Interpretation .....................................................................................1

3A A company no longer established for a public purpose .....................9

3B Commonwealth-controlled companies or associations that

are not authorities of the Commonwealth ..........................................9

3C Director-General may determine archival resources of the

Commonwealth .................................................................................9

4 Extension to Territories ...................................................................10

4A Application of the Criminal Code ...................................................10

Part II—Establishment, functions and powers of the National

Archives of Australia 11 5 Establishment and functions of National Archives of

Australia ..........................................................................................11

6 Powers of Archives..........................................................................13

6A Records that are not part of the archival resources of the

Commonwealth ...............................................................................14

Part III—The Director-General and staff of the Archives 16 7 Director-General..............................................................................16

8 Delegation by Director-General ......................................................16

9 Staff .................................................................................................16

Part IV—National Archives of Australia Advisory Council 17 10 National Archives of Australia Advisory Council ...........................17

11 Functions of Council .......................................................................17

12 Chair and Deputy Chair of Council .................................................18

13 Deputies of members .......................................................................18

14 Remuneration and allowances of members .....................................18

15 Termination of office of member.....................................................19

16 Resignation of member....................................................................19

17 Meetings of the Council ..................................................................19

Part V—Commonwealth records 21

Division 1—Preliminary 21

18 Records of the Parliament................................................................21

19 Court records ...................................................................................21

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ii Archives Act 1983

20 Regulations and arrangements relating to certain records ...............21

21 Archives may be given custody of certain records ..........................22

22 Records of Royal Commissions etc. ................................................22

22A Cabinet notebooks ...........................................................................23

22B Census information..........................................................................24

23 Records of inter-governmental authorities.......................................25

Division 2—Dealings with Commonwealth records 26

24 Disposal, destruction etc. of Commonwealth records......................26

25 Advice to Council on disposal practices ..........................................27

26 Alteration of Commonwealth records..............................................28

27 Transfer of certain Commonwealth records to care of

Archives ..........................................................................................28

28 Archives to have access to records ..................................................29

28A Records of companies or associations that cease to be

authorities of the Commonwealth....................................................29

29 Exemption of certain records...........................................................29

30 Commonwealth records to be available to Commonwealth

institutions .......................................................................................32

30A Non-disclosure of Census information ............................................33

Division 3—Access to Commonwealth records 34

31 Records in open access period to be publicly available ...................34

32 Consultation with States ..................................................................35

33 Exempt records................................................................................35

35 Identification of exempt records ......................................................38

36 Forms of access ...............................................................................39

37 Conditions in respect of proper care of records ...............................40

38 Access to part of exempt record ......................................................41

39 Information as to existence of certain documents............................41

40 Notification of decisions..................................................................42

Division 4—Review of decisions 45

42 Internal reconsideration of decisions ...............................................45

43 Applications to Administrative Appeals Tribunal ...........................45

44 Powers of Tribunal ..........................................................................48

46 Constitution of Tribunal for proceedings about certain

exempt records ................................................................................49

48 Modification of section 42 of the Administrative Appeals

Tribunal Act 1975............................................................................50

50 Parties..............................................................................................51

50A Inspector-General of Intelligence and Security must be

requested to give evidence in certain proceedings...........................51

51 Onus ................................................................................................54

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Archives Act 1983 iii

52 Tribunal to ensure non-disclosure of certain matters .......................54

53 Production of exempt records ..........................................................55

55 Complaints to Ombudsman .............................................................57

55A Automatic stay of certain decisions on appeal.................................57

Division 5—Miscellaneous 59

56 Arrangements for accelerated or special access...............................59

57 Protection against certain actions ....................................................60

58 Access to records apart from Act.....................................................61

59 Security classifications ....................................................................61

60 Transitional provisions relating to access ........................................61

Part VI—Samples of material for the Archives 62 62 Samples of material for Archives ....................................................62

Part VII—Care of material of the Archives 63 63 Location of material of the Archives ...............................................63

64 Custody of material of the Archives other than by Archives ...........63

Part VIII—Registers and guide relating to Archives 65 65 Australian National Register of Records .........................................65

66 Australian National Guide to Archival Material..............................65

67 Australian National Register of Research Involving Archives ........66

Part IX—Miscellaneous 67 68 Annual Report by the Council .........................................................67

69 Certified copies of records...............................................................67

69A Charges for discretionary service for Commonwealth

institutions .......................................................................................67

70 Transitional......................................................................................68

71 Regulations......................................................................................68

Endnotes 70

Endnote 1—About the endnotes 70

Endnote 2—Abbreviation key 72

Endnote 3—Legislation history 73

Endnote 4—Amendment history 81

Endnote 5—Uncommenced amendments [none] 85

Endnote 6—Modifications 86

Archives (Records of the Parliament) Regulations (No. 91, 1995).................86

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iv Archives Act 1983

Endnote 7—Misdescribed amendments [none] 87

Endnote 8—Miscellaneous [none] 87

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Preliminary Part I

Section 1

Archives Act 1983 1

An Act relating to the preservation and use of

archival resources, and for related purposes

Part I—Preliminary

1 Short title

This Act may be cited as the Archives Act 1983.

2 Commencement

The several Parts of this Act shall come into operation on such

respective dates as are fixed by Proclamation.

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.

3 Interpretation

(1) In this Act, unless the contrary intention appears:

Archives means the National Archives of Australia mentioned in

subsection 5(1).

authority of the Commonwealth means:

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2 Archives Act 1983

(a) an authority, body, tribunal or organization, whether

incorporated or unincorporated, established for a public

purpose:

(i) by, or in accordance with the provisions of, an Act,

regulations made under an Act or a law of a Territory

other than the Northern Territory or Norfolk Island;

(ii) by the Governor-General; or

(iii) by, or with the approval of, a Minister;

(b) the holder of a prescribed office under the Commonwealth;

Commonwealth-controlled association;

but does not include:

(d) a court;

(e) the Australian Capital Territory;

(f) a body established by or under an enactment within the

meaning of the Australian Capital Territory

(Self-Government) Act 1988;

(g) the Northern Territory; or

(h) the Administration of an external Territory.

Cabinet notebook means a notebook or other like record that

contains notes of discussions or deliberations taking place in a

meeting of the Cabinet or of a committee of the Cabinet, being

notes made in the course of those discussions or deliberations by,

or under the authority of, the Secretary to the Cabinet.

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.

Census day has the meaning given by section 22B.

Census information means information transferred to the custody

of the Archives under section 8A of the Census and Statistics Act

1905.

Chair means the Chair of the Council.

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Archives Act 1983 3

Commission of inquiry means:

(a) the Commission of inquiry within the meaning of the

Quarantine Act 1908; or

(b) a Commission of inquiry within the meaning of the Offshore

Petroleum and Greenhouse Gas Storage Act 2006.

Commonwealth-controlled association means an association over

which the Commonwealth is in a position to exercise control, but

does not include an association that is declared by the regulations

not to be a Commonwealth-controlled association.

Commonwealth-controlled company means an incorporated

company over which the Commonwealth is in a position to

exercise control, but does not include a company that is declared

by the regulations not to be a Commonwealth-controlled company.

Commonwealth institution means:

(a) the official establishment of the Governor-General;

(b) the Executive Council;

(d) the House of Representatives;

(e) a Department;

(f) a Federal court or a court of a Territory other than the

Northern Territory or Norfolk Island;

(g) an authority of the Commonwealth; or

(h) the Administration of an external Territory other than

Norfolk Island.

Commonwealth record means:

(a) a record that is the property of the Commonwealth or of a

Commonwealth institution; or

(b) a record that is to be deemed to be a Commonwealth record

by virtue of a regulation under subsection (6) or by virtue of

section 22;

but does not include a record that is exempt material or is a register

or guide maintained in accordance with Part VIII.

Council means the National Archives of Australia Advisory

Council mentioned in subsection 10(1).

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4 Archives Act 1983

current Commonwealth record means a Commonwealth record

that is required to be readily available for the purposes of a

Commonwealth institution, other than purposes under this Act.

Department means:

(a) a Department of the Australian Public Service that

corresponds to a Department of State of the Commonwealth;

(b) a Parliamentary Department.

Deputy Chair means the Deputy Chair of the Council.

Director-General means the person for the time being occupying

the office, or performing the duties of the office, of

Director-General of the National Archives of Australia under the

Public Service Act 1999.

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

exempt material means:

(a) material included in the memorial collection within the

meaning of the Australian War Memorial Act 1980, other

than material to which a regulation under subsection (6)

applies; or

(b) material included in the collection of library material

maintained by the National Library of Australia; or

by the National Gallery of Australia; or

(ca) material included in the national collection maintained by the

National Portrait Gallery of Australia; or

(d) material included in the historical material in the possession

of the National Museum of Australia; or

(e) material included in a collection maintained by an institution

declared by the regulations to be a custodial institution for

the purposes of this definition;

other than material (if any) that came to be so included by reason

of a contravention of section 24.

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Archives Act 1983 5

material means records and other objects.

material of the Archives means records in the care of the Archives

(other than current Commonwealth records relating to the

administration of the Archives).

National Witness Protection Program means the Program by that

name established by the Witness Protection Act 1994.

object does not include a building or other structure or a vessel,

aircraft or vehicle, other than a prescribed vessel, aircraft or

vehicle.

open access period, in relation to a record, has the meaning given

by the following provisions:

(a) for a Cabinet notebook—section 22A;

(b) for a record containing Census information—section 22B;

Parliamentary Department means a Department of the Parliament

established under the Parliamentary Service Act 1999.

person includes a Commonwealth institution or an organization.

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 2B of the Acts

Interpretation Act 1901.

responsible Minister, in relation to a Commonwealth record,

means the Minister to whose ministerial responsibilities the record

is most closely related.

Royal Commission means a Commissioner or Commissioners

appointed by the Governor-General in the name of the Queen to

make inquiry and report upon any matter.

Tribunal means the Administrative Appeals Tribunal.

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Part I Preliminary

Section 3

6 Archives Act 1983

(2) For the purposes of this Act, the archival resources of the

Commonwealth consist of such Commonwealth records and other

material as are of national significance or public interest and relate

to:

(a) the history or government of Australia;

(b) the legal basis, origin, development, organization or activities

of the Commonwealth or of a Commonwealth institution;

Commonwealth institution;

(d) the history or government of a Territory; or

(e) an international or other organization the membership of

which includes, or has included, the Commonwealth or a

Commonwealth institution;

but do not include:

(f) material that, in the opinion of the Minister, ought to be in

the archives of another country or in the archives of an

international organization;

(g) material that relates only or principally to the history or

government of a State, the Northern Territory or Norfolk

Island or of a Colony that became part of the

Commonwealth, not being:

(i) Commonwealth records;

(ii) property referred to in section 85 of the Constitution; or

(iii) material transferred to the Commonwealth by a State,

the Northern Territory or Norfolk Island under a law or

agreement;

(h) material, other than Commonwealth records, relating only to

a place that has been, but has ceased to be, a Territory; or

(j) exempt material.

(3) For the purposes of this Act, the Department of Defence shall be

deemed to include:

(a) the Defence Force;

(b) the Australian Army Cadets;

(d) the Australian Air Force Cadets.

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Archives Act 1983 7

(3A) In this Act, a reference to the provision of a discretionary service

for a person is a reference to the doing of an act by the Archives,

being an act that the Archives has power to do and that it does at

the person’s request, other than an act that:

(a) this Act requires the Archives to do; or

(b) it is necessary for the Archives to do for the proper

performance of its functions.

(4) For the purposes of this Act, the Australian Federal Police shall be

deemed to be an authority of the Commonwealth.

(5) For the purposes of this Act, a record held by or on behalf of the

Parliament or a House of the Parliament shall be taken to be the

property of the Commonwealth.

(6) The regulations may make provision under which, in specified

cases or circumstances, records of which the Commonwealth or a

Commonwealth institution has, or is entitled to have, possession

are to be deemed to be Commonwealth records for the purposes of

the provisions, or specified provisions, of this Act.

(7) For the purposes of this Act, subject to sections 22A and 22B,

work out when a record is in the open access period in accordance

with the following table:

Open access period for records

Item If the record came into

existence in any of the

following years (ending on

31 December):

the record is in the open access period

on and after the following day:

1 a year (the creation year)

before 1980

1 January in the year that is 31 years after

the creation year.

Example: A record that came into existence in the year 1979 is in the open access period on and after 1 January 2010.

2 1980 or 1981 1 January 2011.

3 1982 or 1983 1 January 2012.

4 1984 or 1985 1 January 2013.

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8 Archives Act 1983

Open access period for records

Item If the record came into

existence in any of the

following years (ending on

31 December):

the record is in the open access period

on and after the following day:

5 1986 or 1987 1 January 2014.

6 1988 or 1989 1 January 2015.

7 1990 or 1991 1 January 2016.

8 1992 or 1993 1 January 2017.

9 1994 or 1995 1 January 2018.

10 1996 or 1997 1 January 2019.

11 1998 or 1999 1 January 2020.

12 2000 1 January 2021.

13 a year (the creation year) after

2000

1 January in the year that is 21 years after

the creation year.

Example: A record that came into existence in the year 2001 is in the open access period on and after 1 January 2022.

Note: Cabinet notebooks and records containing Census information have

different open access periods (see sections 22A and 22B).

(8) Nothing in this Act shall be taken to confer power on the Archives

to affect the custody of:

(a) material, being Commonwealth records, that was held at the

commencement of Part II by a State, the Northern Territory

or Norfolk Island or by an authority of a State, of the

Northern Territory or of Norfolk Island and has continued

since that time to be so held by that State, that Territory or

that authority; or

(b) material, other than Commonwealth records, that is held at

any time by a State or by a Territory or authority referred to

in paragraph (a);

except with the consent of the State, Territory or authority by

which the material is held.

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Preliminary Part I

Section 3A

Archives Act 1983 9

3A A company no longer established for a public purpose

An authority, body, tribunal or organisation, whether incorporated

or unincorporated, established for a public purpose is to be taken,

for the purposes of this Act, never to have been so established, only

if:

(a) a legislative provision; or

(b) regulations made for the purpose of this section;

expressly provide that, for the purposes of this Act, the authority,

body, tribunal or organisation is to be taken never to have been so

established.

3B Commonwealth-controlled companies or associations that are

not authorities of the Commonwealth

If a company or association was, immediately before the

commencement of this section:

(a) a Commonwealth-controlled company or a

Commonwealth-controlled association that was:

(i) not established for a public purpose; and

(ii) not prescribed under paragraph (c) of the definition of

authority of the Commonwealth as then in force; or

(b) a Commonwealth-controlled company or a

Commonwealth-controlled association that was:

(i) established for a public purpose; but

(ii) taken, under a provision of an Act, never to have been

so established;

then, despite paragraph (c) of the definition of authority of the

Commonwealth, the company or association is to be taken not to

be an authority of the Commonwealth.

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.

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10 Archives Act 1983

Note: The Director-General may specify a record by reference to a class of

records (see subsection 33(3AB) 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.

4 Extension to Territories

This Act extends to every external Territory.

4A Application of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this

Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of

criminal responsibility.

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Establishment, functions and powers of the National Archives of Australia Part II

Section 5

Archives Act 1983 11

Part II—Establishment, functions and powers of

the National Archives of Australia

5 Establishment and functions of National Archives of Australia

(1) There shall be an organization by the name of the National

Archives of Australia.

(1A) For the purposes of the finance law (within the meaning of the

Public Governance, Performance and Accountability Act 2013):

(a) the Archives is a listed entity; and

(b) the Director-General is the accountable authority of the

Archives; and

(i) the Director-General;

(ii) the staff of the Archives referred to in section 9; and

(d) the purposes of the Archives include the functions of the

Archives referred to in subsection (2).

(2) The functions of the Archives are, subject to this Act:

(a) to ensure the conservation and preservation of the existing

and future archival resources of the Commonwealth; and

(b) to encourage and foster the preservation of all other archival

resources relating to Australia; and

Commonwealth institutions, the creation, keeping and

management of current Commonwealth records in an

efficient and economical manner and in a manner that will

facilitate their use as part of the archival resources of the

Commonwealth; and

(d) to determine the material that constitutes the archival

resources of the Commonwealth; and

(e) to have the care and management of Commonwealth records,

other than current Commonwealth records, that:

(i) are part of the archival resources of the Commonwealth;

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Part II Establishment, functions and powers of the National Archives of Australia

Section 5

12 Archives Act 1983

(ii) ought to be examined to determine whether they are part

of those archival resources; or

(iii) are required to be preserved (other than permanently

preserved); and

(f) to seek to obtain, and to have the care and management of,

material (including Commonwealth records) not in the

custody of a Commonwealth institution, that forms part of

the archival resources of the Commonwealth and, in the

opinion of the Director-General, ought to be in the care of the

Archives; and

(g) with the approval of the Minister, to accept and have the care

and management of material that, though not part of the

archival resources of the Commonwealth, forms part of

archival resources relating to Australia and, in the opinion of

the Minister, ought to be in the care of the Archives in order

to ensure its preservation or for any other reason; and

(h) to encourage, facilitate, publicise and sponsor the use of

archival material; and

(j) to make Commonwealth records available for public access

in accordance with this Act and to take part in arrangements

for other access to Commonwealth records; and

(k) to conduct research, and provide advice, in relation to the

management and preservation of records and other archival

material; and

(l) to develop and foster the co-ordination of activities relating

to the preservation and use of the archival resources of the

Commonwealth and other archival resources relating to

Australia; and

(m) with the approval of the Minister, and in accordance with

arrangements made with a person responsible for exempt

material, to perform any of the foregoing functions in relation

to that material as if that material formed part of the archival

resources of the Commonwealth.

(3) Nothing in this Part derogates from the powers and functions of

any other Commonwealth institution in relation to the keeping of

current Commonwealth records.

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Establishment, functions and powers of the National Archives of Australia Part II

Section 6

Archives Act 1983 13

6 Powers of Archives

(1) The Archives may do all things that are necessary or convenient to

be done for or in connection with the performance of its functions

and, in particular, without limiting the generality of the foregoing,

may:

(a) establish and control repositories or other facilities to house

or exhibit material of the Archives and, in association with a

State, the Australian Capital Territory, the Northern Territory

or other person, control repositories or other facilities in

which material of the Archives is housed or exhibited;

(b) undertake the survey, appraisal, accessioning, arrangement,

description and indexing of Commonwealth records;

of, or of copyright in relation to, or arrangements relating to

the custody of, material that forms part of the archival

resources of the Commonwealth;

(d) chronicle and record matters relating to the structure and

functioning of Commonwealth institutions or other matters of

archival significance and make records for the purpose of

adding to the archival resources of the Commonwealth;

(e) make copies, by microfilming or otherwise, of archival

material, but not so as to infringe copyright (other than

material;

(f) arrange for the publication of material forming part of the

archival resources of the Commonwealth or works based on

such material, but not so as to infringe copyright (other than

material or works;

(g) publish indexes of, and other guides to, archival material;

(h) authorize the disposal or destruction of Commonwealth

records;

(j) on request, assist Commonwealth institutions in the training

of persons responsible for the keeping of current

Commonwealth records;

(k) train, or assist in the training of, persons, other than persons

responsible for the keeping of current Commonwealth

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Part II Establishment, functions and powers of the National Archives of Australia

Section 6A

14 Archives Act 1983

records, for work in connection with records and other

archival material;

(l) obtain and maintain equipment for use in retrieving, or

otherwise obtaining, information from records; and

(m) provide information and facilities for persons using the

material of the Archives.

(2) Where, in the performance of its functions, the Archives enters into

arrangements to accept the care of records from a person other than

a Commonwealth institution, those arrangements may provide for

the extent (if any) to which the Archives or other persons are to

have access to those records and any such arrangements have effect

notwithstanding anything contained in Division 3 of Part V.

(3) Where an arrangement entered into by the Archives to accept the

care of records from a person other than a Commonwealth

institution relates to a Commonwealth record, then, to the extent

that that arrangement, in so far as it relates to such a record, is

inconsistent with a provision of Part V, that provision shall prevail.

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:

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

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Establishment, functions and powers of the National Archives of Australia Part II

Section 6A

Archives Act 1983 15

(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.

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Part III The Director-General and staff of the Archives

Section 7

16 Archives Act 1983

Part III—The Director-General and staff of the

Archives

7 Director-General

(1) There shall be a Director-General of the National Archives of

Australia, who shall be a person appointed or engaged under the

Public Service Act 1999.

(2) The Director-General, in addition to exercising powers or

performing duties expressly conferred or imposed on him or her by

this Act, may, in the name of the Archives, exercise any powers

and perform any duties that are by this Act expressed to be

conferred or imposed on the Archives.

(3) The Minister may give directions, not inconsistent with this Act, to

the Director-General in relation to the exercise of his or her

powers, and the performance of his or her duties, under this Act.

8 Delegation by Director-General

(1) The Director-General may, either generally or as otherwise

provided by the instrument of delegation, by writing under his or

her hand, delegate to a person all or any of his or her powers under

this Act, other than this power of delegation.

(2) A power so delegated, when exercised by the delegate, shall, for

the purposes of this Act, be deemed to have been exercised by the

Director-General.

(3) A delegation under this section does not prevent the exercise of a

power by the Director-General.

9 Staff

The staff of the Archives shall be persons engaged under the

Public Service Act 1999.

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National Archives of Australia Advisory Council Part IV

Section 10

Archives Act 1983 17

Part IV—National Archives of Australia Advisory

Council

10 National Archives of Australia Advisory Council

(1) There is established by this Act a Council by the name of the

National Archives of Australia Advisory Council.

(2) The Council shall consist of:

(a) a Senator chosen by the Senate;

(b) a member of the House of Representatives chosen by that

House; and

(3) A member chosen by either House of the Parliament holds office,

subject to this Act, for such period, not exceeding 3 years, as is

fixed by that House at the time of his or her choice.

(4) A member appointed by the Minister holds office, subject to this

Act, for such period, not exceeding 3 years, as the Minister

specifies in the instrument of his or her appointment.

(5) A member chosen by either House of the Parliament or appointed

by the Minister is eligible for further choice or re-appointment.

(6) The performance of the functions of the Council is not affected by

reason of there being a vacancy or vacancies in the membership of

the Council.

11 Functions of Council

(1) The Council shall furnish advice to the Minister and the

Director-General with respect to matters to which the functions of

the Archives relate.

(2) The Minister or the Director-General may refer any matter of the

kind referred to in subsection (1) to the Council for advice and the

Council may, if it thinks fit, consider and advise the Minister or the

Director-General on a matter of that kind of its own motion.

ComLaw Authoritative Act C2014C00683

Part IV National Archives of Australia Advisory Council

Section 12

18 Archives Act 1983

12 Chair and Deputy Chair of Council

The Minister shall appoint a member to be Chair of the Council

and another member to be Deputy Chair of the Council.

13 Deputies of members

(1) A member chosen by the Senate or by the House of

Representatives may appoint a Senator or a member of the House

of Representatives, as the case may be, to be his or her deputy.

(2) The Minister may appoint a person to be a deputy of a member

referred to in paragraph 10(2)(c).

(3) The deputy of a member is, in the event of the absence of the

member from a meeting of the Council, entitled to attend that

meeting and, when so attending, shall be deemed to be a member

of the Council.

14 Remuneration and allowances of members

(1) A member referred to in paragraph 10(2)(c), or the deputy of such

a member, shall be paid such remuneration as is determined by the

Remuneration Tribunal but, if no determination of that

remuneration by the Tribunal is in operation, he or she shall be

paid such remuneration as is prescribed.

(2) A member referred to in paragraph 10(2)(c), or the deputy of such

a member, shall be paid such allowances as are prescribed.

(3) A member referred to in paragraph 10(2)(a) or (b), or the deputy of

such a member, shall be reimbursed such expenses as he or she

reasonably incurs by reason of his or her attendance at meetings of

the Council or of his or her engagement, with the approval of the

Council, on the affairs of the Council.

(4) This section has effect subject to the Remuneration Tribunal Act

1973.

ComLaw Authoritative Act C2014C00683

National Archives of Australia Advisory Council Part IV

Section 15

Archives Act 1983 19

15 Termination of office of member

(1) The Minister may terminate the appointment of a member, being a

member appointed by the Minister, by reason of misbehaviour or

physical or mental incapacity.

(2) If a member appointed by the Minister is absent, except on leave

granted by the Council, from 3 consecutive meetings of the

Council, the Minister may terminate the appointment of the

member.

(3) A member chosen by either House of the Parliament may be

removed from office by that House.

(4) If a member chosen by either House of the Parliament or a deputy

of such a member ceases to be a member of that House, he or she

shall cease to be a member of the Council or a deputy of such a

member.

(5) For the purposes of subsection (4), a member of either House of

the Parliament shall be deemed not to have ceased to be a member

of that House while he or she continues to be entitled to the

Parliamentary allowances that became payable to him or her as

such a member.

16 Resignation of member

(1) A member appointed by the Minister may resign his or her office

by writing signed by him or her and delivered to the Minister.

(2) A member chosen by the Senate may resign his or her office by

writing signed by him or her and delivered to the President of the

Senate.

(3) A member chosen by the House of Representatives may resign his

or her office by writing signed by him or her and delivered to the

Speaker of the House of Representatives.

17 Meetings of the Council

(1) The Council shall hold such meetings as are necessary for the

performance of its functions.

ComLaw Authoritative Act C2014C00683

Part IV National Archives of Australia Advisory Council

Section 17

20 Archives Act 1983

(2) The Chair may at any time convene a meeting of the Council.

(3) The Chair shall, on receipt of a request in writing signed by 2 other

members of the Council, convene a meeting of the Council.

(4) At a meeting of the Council a majority of the members of the

Council constitute a quorum.

(5) The Director-General is entitled to receive notice of meetings of

the Council, and the Director-General, or a member of the staff of

the Archives nominated by him or her, may attend any meeting of

the Council and take such part in the proceedings, not including

voting, as the Council approves.

(6) The Chair shall preside at all meetings of the Council at which he

or she is present.

(7) If, at a meeting of the Council, the Chair is not present but the

Deputy Chair is present, the Deputy Chair shall preside at the

meeting.

(8) If neither the Chair nor the Deputy Chair is present at a meeting of

the Council, the members present shall elect one of their number to

preside at the meeting.

(9) Questions arising at a meeting of the Council shall be determined

by a majority of the votes of the members present and voting.

(10) The member presiding at a meeting of the Council has a

deliberative vote and, in the event of an equality of votes, also has

a casting vote.

(11) In subsections (2) and (3), a reference to the Chair shall, if there is

no Chair or the Chair is absent from Australia or unable to perform

the duties of his or her office, be read as a reference to the Deputy

Chair.

ComLaw Authoritative Act C2014C00683

Commonwealth records Part V

Preliminary Division 1

Section 18

Archives Act 1983 21

Part V—Commonwealth records

Division 1—Preliminary

18 Records of the Parliament

Subject to sections 20 and 21, Divisions 2 and 3 do not apply to

records in the possession of the Senate, the House of

Representatives or a Parliamentary Department.

19 Court records

(1) Subject to sections 20 and 21, Divisions 2 and 3 do not apply to

records in the possession of a court or of a registry of a court.

(2) Divisions 4 and 5 do not apply to records in the possession of a

court or of a registry of a court, other than records that are of an

administrative nature.

20 Regulations and arrangements relating to certain records

(1) Subject to this section, the regulations may provide that all or any

of the provisions of Divisions 2 and 3 are, in such circumstances

and subject to such conditions as are prescribed, to apply to all or

any of the records referred to in section 18 or subsection 19(1), and

may provide that those provisions are so to apply subject to such

modifications as are prescribed.

(2) Regulations shall not be made for the purposes of subsection (1) in

relation to the application of the provisions of Divisions 2 and 3 to

records in the possession of the Senate, the House of

Representatives or a Parliamentary Department, unless there has

been consultation between the Minister and:

(a) in the case of records in the possession of the Senate or of the

Department of the Senate—the President of the Senate;

(b) in the case of records in the possession of the House of

Representatives or of the Department of the House of

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Part V Commonwealth records

Division 1 Preliminary

Section 21

22 Archives Act 1983

Representatives—the Speaker of the House of

Representatives; or

Department other than the Department of the Senate or the

Department of the House of Representatives—both the

President of the Senate and the Speaker of the House of

Representatives;

concerning the application of those provisions to those records.

(3) Regulations shall not be made for the purposes of subsection (1) in

relation to the application of the provisions of Divisions 2 and 3 to

records in the possession of a court or of a registry of a court unless

there has been consultation between the Minister and the Chief

Justice or Chief Judge of that court, or, if there is no Chief Justice

or Chief Judge, the judicial officer of that court whom the Minister

is satisfied has, from time to time, the principal responsibility for

the administration of the business of that court, concerning the

application of those provisions to those records.

21 Archives may be given custody of certain records

(1) Subject to any regulations made in accordance with section 20, a

person having the control of the custody of any records referred to

in section 18 or subsection 19(1) may enter into arrangements with

the Archives with respect to the custody of those records.

(2) Arrangements referred to in subsection (1) relating to the custody

of records may provide for the extent (if any) to which the

Archives or other persons are to have access to those records.

22 Records of Royal Commissions etc.

(1) This section applies to:

(a) the records kept by a Royal Commission, whether the inquiry

commenced or was completed before or after the

commencement of this Part; and

(b) the records kept by a Commission of inquiry.

(2) The Commonwealth is entitled to the possession of records kept by

a Royal Commission, or by a Commission of inquiry, that are no

ComLaw Authoritative Act C2014C00683

Commonwealth records Part V

Preliminary Division 1

Section 22A

Archives Act 1983 23

longer required for the purposes of the Commission, and all such

records shall be deemed to be Commonwealth records for the

purposes of this Act.

(3) Records referred to in subsection (2) shall be kept in such custody

as the responsible Minister directs and the Archives is not entitled

to the care of any such records except in accordance with such a

direction.

(4) A direction given by a Royal Commission, or by a Commission of

inquiry, prohibiting the publication of any document or matter does

not apply to the provision of public access under this Act to any

records that are in the open access period or to the publication by

any person of any records that are available for public access in

accordance with this Act.

(5) For the purposes of this Act:

(a) the Minister administering the Royal Commissions Act 1902

is taken to be the responsible Minister in relation to the

records of a Royal Commission; and

(b) the Minister administering the Quarantine Act 1908 is taken

to be the responsible Minister in relation to the records of the

Commission of inquiry within the meaning of that Act; and

Greenhouse Gas Storage Act 2006 is taken to be the

responsible Minister in relation to the records of a

Commission of inquiry within the meaning of that Act.

(6) Where a Royal Commission has conducted an inquiry by virtue of

a commission issued by the Governor of a State in conjunction

with its inquiry under a commission issued by the

Governor-General, subsections (2) and (3) apply only to such of

the records of the Royal Commission as are determined by

agreement between the Commonwealth and the State.

22A Cabinet notebooks

(1) For the purposes of this Act, work out when a Cabinet notebook is

in the open access period in accordance with the following table:

ComLaw Authoritative Act C2014C00683

Part V Commonwealth records

Division 1 Preliminary

Section 22B

24 Archives Act 1983

Open access period for Cabinet notebooks

Item If the Cabinet notebook came

into existence in any of the

following years (ending on

31 December):

the Cabinet notebook is in the open

access period on and after the

following day:

1 a year (the creation year)

before 1960

1 January in the year that is 51 years after

the creation year.

Example: A Cabinet notebook that came into existence in the year 1959 is in the open access period on and after 1 January 2010.

2 1960, 1961 or 1962 1 January 2011.

3 1963, 1964 or 1965 1 January 2012.

4 1966, 1967 or 1968 1 January 2013.

5 1969, 1970 or 1971 1 January 2014.

6 1972, 1973 or 1974 1 January 2015.

7 1975, 1976 or 1977 1 January 2016.

8 1978, 1979 or 1980 1 January 2017.

9 1981, 1982 or 1983 1 January 2018.

10 1984, 1985 or 1986 1 January 2019.

11 1987, 1988 or 1989 1 January 2020.

12 1990 1 January 2021.

13 a year (the creation year) after

1990

1 January in the year that is 31 years after

the creation year.

Example: A Cabinet notebook that came into existence in the year 1991 is in the open access period on and after 1 January 2022.

Note: Records that are not Cabinet notebooks have different open access

periods (see subsection 3(7) (general records) and section 22B

(records containing Census information)).

(2) Subsection 3(7) does not apply in relation to Cabinet notebooks.

22B Census information

(1) For the purposes of this Act, a record containing Census

information from a particular Census is in the open access period

ComLaw Authoritative Act C2014C00683

Commonwealth records Part V

Preliminary Division 1

Section 23

Archives Act 1983 25

for that Census if a period of 99 years has elapsed since the Census

day for that Census.

(2) Subsection 3(7) and section 56 do not apply to records containing

Census information.

(3) In this Act:

Census day, for a Census, means the day appointed, under

subsection 8(2) of the Census and Statistics Act 1905, as the

Census day for that Census.

23 Records of inter-governmental authorities

The regulations may provide for restricting or excluding the

operation of all or any of the provisions of this Act in relation to all

or any records of or relating to an authority or body established:

(a) for the performance of functions under the law of the

Commonwealth and the law of any State or States, the

Australian Capital Territory, the Northern Territory, Norfolk

Island or another country; or

(b) for the purpose of an agreement between the Commonwealth

and any State or States, the Australian Capital Territory, the

Northern Territory, Norfolk Island or another country;

or to the operations of an authority or body so established.

ComLaw Authoritative Act C2014C00683

Part V Commonwealth records

Division 2 Dealings with Commonwealth records

Section 24

26 Archives Act 1983

Division 2—Dealings with Commonwealth records

24 Disposal, destruction etc. of Commonwealth records

(1) Subject to this Part, a person must not engage in conduct that

results in:

(a) the destruction or other disposal of a Commonwealth record;

(b) the transfer of the custody or ownership of a Commonwealth

record; or

Penalty: 20 penalty units.

(1A) For the purposes of an offence against subsection (1), strict liability

applies to the physical element of circumstance of the offence, that

the record is a Commonwealth record.

Note: For strict liability, see section 6.1 of the Criminal Code.

(2) Subsection (1) does not apply to anything done:

(a) as required by any law;

(b) with the permission of the Archives or in accordance with a

practice or procedure approved by the Archives;

than a practice of a Department or authority of the

Commonwealth of which the Archives has notified the

Department or authority that it disapproves; or

(d) for the purpose of placing Commonwealth records that are

not in the custody of the Commonwealth or of a

Commonwealth institution in the custody of the

Commonwealth or of a Commonwealth institution that is

entitled to custody of the records.

(3) Subsection (1) does not apply to the destruction of a

Commonwealth record, being a record to which subsection 47(1),

70(1) or 107(1) of the Copyright Act 1968 applies, where the

Director-General has declined to consent to the delivery of the

record to the Archives.

ComLaw Authoritative Act C2014C00683

Commonwealth records Part V

Dealings with Commonwealth records Division 2

Section 25

Archives Act 1983 27

(4) This section does not authorize the Archives to permit the

destruction or other disposal of a Commonwealth record that is in

the possession of, or has been transferred to the care of the

Archives by, a Commonwealth institution, without the consent of

that institution or of a Commonwealth institution that has

succeeded to the relevant functions of that institution.

(5) For the purposes of the application of subsection (1) to a record of

a kind used by means of any mechanical or electronic device or

equipment, including a computer, any treatment or modification of

the record that would prevent the obtaining from the record of

information or matter that could previously have been obtained

from the record shall be deemed to be destruction of the record.

25 Advice to Council on disposal practices

(1) The Archives shall:

(a) as soon as practicable after the commencement of this Part,

furnish to the Council a statement in writing setting out

particulars of the practices followed by, or approved by, the

Archives in respect of the destruction or other disposal of

Commonwealth records whether or not those practices have

been agreed upon between the Archives and any particular

Commonwealth institution;

(b) in a case where, after the commencement of this Part, the

Archives alters, or approves any alteration of, any practice of

a kind referred to in paragraph (a), not being a practice

agreed upon between the Archives and a Commonwealth

institution—furnish to the Council a statement setting out

particulars of the alteration to that practice as soon as

practicable after the Archives has decided to alter, or to

approve the alteration of, that practice and, where possible,

before the implementation of the practice as so altered; and

of Commonwealth records are agreed upon at any time after

the commencement of this Part between the Archives and a

Commonwealth institution—furnish to the Council a

statement setting out particulars of those practices as soon as

practicable after those practices have been agreed upon and,

where possible, before the implementation of those practices.

ComLaw Authoritative Act C2014C00683

Part V Commonwealth records

Division 2 Dealings with Commonwealth records

Section 26

28 Archives Act 1983

(2) A reference in subsection (1) to practices agreed upon between the

Archives and a Commonwealth institution includes a reference to

practices so agreed upon that vary practices that have, whether

before or after the commencement of this Part, been previously

agreed upon between the Archives and that institution.

26 Alteration of Commonwealth records

(1) A person is guilty of an offence if:

(a) a Commonwealth record has been in existence for more than

15 years; and

(b) the person engages in conduct; and

of the record.

Penalty: 20 penalty units.

(1A) Strict liability applies to paragraph (1)(a).

Note: For strict liability, see section 6.1 of the Criminal Code.

(2) Subsection (1) does not apply to anything done:

(a) as required by any law; or

(b) with the permission of the Archives or in accordance with a

practice or procedure approved by the Archives.

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:

ComLaw Authoritative Act C2014C00683

Commonwealth records Part V

Dealings with Commonwealth records Division 2

Section 28

Archives Act 1983 29

(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 15 years of the record coming into

existence.

28 Archives to have access to records

Subject to this Part, the Archives is entitled, for the purposes of this

Act, to full and free access, at all reasonable times, to all

Commonwealth records in the custody of a Commonwealth

institution other than the Archives.

Note: In certain circumstances a Commonwealth institution or Minister can

exempt a record from this section (see section 29).

28A Records of companies or associations that cease to be

authorities of the Commonwealth

If a company or association that is an authority of the

Commonwealth ceases, on a particular day, to be such an authority

of the Commonwealth, then, despite the company or association so

ceasing:

(a) the records of the company or association that were in

existence prior to that day continue to be Commonwealth

records; and

(b) the Archives may make arrangements with the company or

association to enable those records of the company or

association to be dealt with in accordance with the provisions

of this Part in the same manner as if the company or

association had not ceased to be an authority of the

Commonwealth.

29 Exemption of certain records

(1) A Commonwealth institution, or a person having authority to act

on behalf of a Commonwealth institution, may, with the

concurrence of the Director-General, determine that a

Commonwealth record, or each record in a class of Commonwealth

records, being a record or class of records in the possession of the

ComLaw Authoritative Act C2014C00683

Part V Commonwealth records

Division 2 Dealings with Commonwealth records

Section 29

30 Archives Act 1983

Commonwealth institution or relating to the functions of the

Commonwealth institution, is:

(a) a record that is not required to be transferred to the care of

the Archives under section 27; or

(b) a record to which the Archives is not to be entitled to have

access under section 28 or is not to be entitled to have access

under that section otherwise than on specified conditions to

be observed by the Archives;

and such a determination has effect for such period as is specified

in the determination but may at any time be revoked by the

Commonwealth institution or a person having authority to act on

behalf of the Commonwealth institution.

(2) Notwithstanding subsection (1), the responsible Minister may

determine that a Commonwealth record, or each record in a class

of Commonwealth records, is:

(a) a record that is not required to be transferred to the care of

the Archives under section 27; or

(b) a record to which the Archives is not to be entitled to have

access under section 28 or is not to be entitled to have access

under that section otherwise than on specified conditions to

be observed by the Archives;

and such a determination takes effect upon its being notified to the

Archives and has effect for such period as is specified in the

determination but may at any time be revoked by the responsible

Minister.

(3) The Archives may agree with a Commonwealth institution that

records accepted into the care of the Archives from that institution

are to be held on certain conditions to be observed by the Archives,

not being conditions inconsistent with this Part.

Note: Arrangements under section 64 for a person (other than the Archives)

to have custody of a Commonwealth record must enable the Archives

to meet its obligations under this subsection.

(4) Where:

(a) the Archives seeks access to a Commonwealth record that is

not in the care of the Archives; and

ComLaw Authoritative Act C2014C00683

Commonwealth records Part V

Dealings with Commonwealth records Division 2

Section 29

Archives Act 1983 31

(b) a person responsible for the custody of the record considers

that it might be appropriate for a determination to be made

under subsection (2) applying paragraph (2)(b) to the record;

the person so responsible may forthwith notify the Archives that he

or she so considers and take appropriate action for enabling

consideration to be given by the responsible Minister to the making

of such a determination.

(5) Where a notification under subsection (4) has been given in respect

of a record, the Archives is not entitled to access to the record for a

period of one month from the date on which the notification was

given, but, if the notification is withdrawn by the person

responsible for the custody of the record before the expiration of

that period, this subsection ceases to have effect in relation to the

record.

(6) A record that is in the open access period is not, by virtue of a

determination under subsection (1), a record to which

paragraph (1)(b) applies unless:

(a) the record is an exempt record for the reason that it contains

information or matter of a kind referred to in

paragraph 33(1)(a) or (b); and

(b) a security classification applies to the record such that access

by the Archives would not be appropriate.

(7) A record that is in the open access period is not, by virtue of a

determination under subsection (2), a record to which

paragraph (2)(b) applies unless:

(a) the record is an exempt record for the reason that it contains

information or matter of a kind referred to in

paragraph 33(1)(a) or (b); and

(b) a security classification applies to the record such that access

by the Archives would not be appropriate.

(8) The concurrence of the Director-General is not required for the

making of a determination under subsection (1) by, or by a person

having authority to act on behalf of, any of the following

Commonwealth institutions, namely:

(a) the Australian Security Intelligence Organisation;

(b) the Australian Secret Intelligence Service;

ComLaw Authoritative Act C2014C00683

Part V Commonwealth records

Division 2 Dealings with Commonwealth records

Section 30

32 Archives Act 1983

(ba) the Australian Geospatial-Intelligence Organisation;

(d) the Defence Intelligence Organisation;

(e) the Office of National Assessments; and

(f) the Inspector-General of Intelligence and Security.

(9) The concurrence of the Director-General is not required for the

making of a determination under subsection (1) by the

Commissioner of the Australian Federal Police in relation to any

record that contains information the release of which would

endanger the safety of a person:

(a) who is, or has been, assessed for inclusion in the National

Witness Protection Program; or

(b) who is, or has been, a witness within the meaning of the

Witness Protection Act 1994 under that Program.

30 Commonwealth records to be available to Commonwealth

institutions

(1) The Archives must ensure that all Commonwealth records

transferred to its care from a Commonwealth institution are made

available, as reasonably required, for use by, or at the direction of:

(a) that institution; or

(b) a Commonwealth institution that has succeeded to the

relevant functions of that institution.

Note: Arrangements under section 64 for a person (other than the Archives)

to have custody of a Commonwealth record must enable the Archives

to meet its obligations under this subsection.

(2) A record that has been in existence for more than 15 years must not

be made available to a Commonwealth institution under

subsection (1) in a manner that involves its leaving the custody of

the person who has the custody of the record, except as necessary

for the proper conduct of the business of the Commonwealth

institution.

ComLaw Authoritative Act C2014C00683

Commonwealth records Part V

Dealings with Commonwealth records Division 2

Section 30A

Archives Act 1983 33

30A Non-disclosure of Census information

Non-disclosure to another person

(1) An Archives officer must not, at any time before a record

containing Census information from a Census is in the open access

period for that Census, divulge or communicate any of that

information to another person (except to another Archives officer

for the purposes of, or in connection with, the performance of that

other officer’s duties under this Act).

Note: Section 70 of the Crimes Act 1914 creates an offence in relation to the

disclosure of information by Commonwealth officers.

Non-disclosure to a court or tribunal

(2) A person who is or has been an Archives officer must not, at any

time before a record containing Census information from a Census

is in the open access period for that Census:

(a) be required to divulge or communicate any of that

information to a court or tribunal; or

(b) voluntarily give any of that information in evidence in

proceedings before a court or tribunal.

Section 58 has no effect on this section

(3) Section 58 does not affect the operation of this section.

Definition

(4) In this section:

Archives officer means the Director-General or a member of the

staff of the Archives.

ComLaw Authoritative Act C2014C00683

Part V Commonwealth records

Division 3 Access to Commonwealth records

Section 31

34 Archives Act 1983

Division 3—Access to Commonwealth records

31 Records in open access period to be publicly available

(1A) This section applies to a Commonwealth record that:

(a) is in the open access period; and

(b) is in the care of the Archives or in the custody of a

Commonwealth institution; and

(1) Subject to this Part, the Archives must cause the record to be made

available for public access.

Note: Arrangements under section 64 for a person (other than the Archives)

to have custody of a Commonwealth record must enable the Archives

to meet its obligations under this subsection.

(2) If the record is in the custody of a Commonwealth institution, the

institution must make such arrangements with the Archives as will

enable the Archives to meet its obligations under subsection (1) in

relation to the record.

Note: If the record is material of the Archives, the arrangements referred to

in subsection (2) must be included in the arrangements under

section 64 for the Commonwealth institution to have custody of the

record.

(3) Subject to any regulations made under section 20, subsection (2)

does not apply to:

(a) the Senate, the House of Representatives or a Parliamentary

Department, in relation to records in the possession of the

Senate, the House of Representatives or the Parliamentary

Department; or

(b) a court, in relation to records in the possession of that court

or of a registry of that court.

(4) The Archives may withhold a Commonwealth record or a class of

Commonwealth records from public access for a reasonable time

pending examination in accordance with section 35.

ComLaw Authoritative Act C2014C00683

Commonwealth records Part V

Access to Commonwealth records Division 3

Section 32

Archives Act 1983 35

32 Consultation with States

(1) Where it appears to the Minister that the Government of a State, of

the Australian Capital Territory or of the Northern Territory, as the

case may be, might reasonably wish to contend that the making

available of a record under section 31 could adversely affect the

interests of that State, of the Australian Capital Territory or of the

Northern Territory, as the case may be, the record shall not be

made available unless there has been consultation between the

Commonwealth and that State, the Australian Capital Territory or

the Northern Territory.

(2) For the purpose of facilitating consultation under subsection (1),

the Commonwealth may enter into such arrangements with a State,

with the Australian Capital Territory or with the Northern Territory

as it thinks appropriate.

33 Exempt records

(1) For the purposes of this Act, a Commonwealth record is an exempt

record if it contains information or matter of any of the following

kinds:

(a) information or matter the disclosure of which under this Act

could reasonably be expected to cause damage to the

security, defence or international relations of the

Commonwealth;

(b) information or matter:

(i) that was communicated in confidence by, or on behalf

of, a foreign government, an authority of a foreign

government or an international organisation (the foreign

entity) to the Government of the Commonwealth, to an

authority of the Commonwealth or to a person who

received the communication on behalf of the

Commonwealth or an authority of the Commonwealth

(the Commonwealth entity); and

(ii) which the foreign entity advises the Commonwealth

entity is still confidential; and

(iii) the confidentiality of which it would be reasonable to

maintain;

ComLaw Authoritative Act C2014C00683

Part V Commonwealth records

Division 3 Access to Commonwealth records

Section 33

36 Archives Act 1983

would have a substantial adverse effect on the financial or

property interests of the Commonwealth or of a

Commonwealth institution and would not, on balance, be in

the public interest;

(d) information or matter the disclosure of which under this Act

would constitute a breach of confidence;

(e) information or matter the disclosure of which under this Act

would, or could reasonably be expected to:

(i) prejudice the conduct of an investigation of a breach, or

possible breach, of the law, or a failure, or possible

failure, to comply with a law relating to taxation or

prejudice the enforcement or proper administration of

the law in a particular instance;

(ii) disclose, or enable a person to ascertain, the existence or

identity of a confidential source of information in

relation to the enforcement or administration of the law;

(iii) endanger the life or physical safety of any person;

(f) information or matter the disclosure of which under this Act

would, or could reasonably be expected to:

(i) prejudice the fair trial of a person or the impartial

adjudication of a particular case;

(ii) disclose lawful methods or procedures for preventing,

detecting, investigating, or dealing with matters arising

out of, breaches or evasions of the law the disclosure of

which would, or would be reasonably likely to,

prejudice the effectiveness of those methods or

procedures; or

(iii) prejudice the maintenance or enforcement of lawful

methods for the protection of public safety;

(g) information or matter the disclosure of which under this Act

would involve the unreasonable disclosure of information

relating to the personal affairs of any person (including a

deceased person);

(h) information or matter relating to trade secrets, or any other

information or matter having a commercial value that would

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Archives Act 1983 37

be, or could reasonably be expected to be, destroyed or

diminished if the information or matter were disclosed;

(j) information or matter (other than information or matter

referred to in paragraph (h)) concerning a person in respect of

his or her business or professional affairs or concerning the

business, commercial or financial affairs of an organization

or undertaking, being information or matter the disclosure of

which would, or could reasonably be expected to,

unreasonably affect that person adversely in respect of his or

her lawful business or professional affairs or that

organization or undertaking in respect of its lawful business,

commercial or financial affairs.

(1A) For the purposes of subparagraph (1)(e)(ii), a confidential source of

information in relation to the enforcement or administration of the

law includes:

(a) a person who is providing, or has provided, confidential

information to the Australian Crime Commission in relation

to such a matter; or

(b) a person who is providing, or has provided, confidential

information to the Australian Federal Police in relation to

such a matter; or

(ba) a person who is providing, or has provided, confidential

information to:

(i) the Integrity Commissioner (within the meaning of the

Law Enforcement Integrity Commissioner Act 2006); or

(ii) a staff member of ACLEI (within the meaning of that

Act); or

(iii) a special investigator for the purposes of Division 4 of

Part 12 of that Act;

in relation to such a matter; or

the Witness Protection Act 1994 under the National Witness

Protection Program.

(2) For the purposes of this Act, a Commonwealth record is an exempt

record if it is of such a nature that:

(a) it would be privileged from production in legal proceedings

on the ground of legal professional privilege; and

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38 Archives Act 1983

(b) disclosure of the record would be contrary to the public

interest.

(3) For the purposes of this Act, a Commonwealth record is an exempt

record if:

(a) it contains information or matter:

(i) that relates to the personal affairs, or the business or

professional affairs, of any person (including a deceased

person); or

(ii) that relates to the business, commercial or financial

affairs of an organization or undertaking; and

(b) there is in force a law relating to taxation that applies

specifically to information or matter of that kind and

prohibits persons referred to in that law from disclosing

information or matter of that kind, whether the prohibition is

absolute or is subject to exceptions or qualifications.

(4) In paragraphs (1)(e) and (f) and subsection (3), law means law of

the Commonwealth or of a State or Territory.

(5) A reference in this section to an undertaking includes a reference to

an undertaking that is carried on by, or by an authority of, the

Commonwealth, a State, the Australian Capital Territory or the

Northern Territory or by a local government authority.

35 Identification of exempt records

(1) The Director-General, in consultation with the responsible Minister

or a person authorized by the responsible Minister, shall make

arrangements for determining the Commonwealth records in the

open access period that are to be treated by the Archives as being

exempt records and may make arrangements for determining the

extent to which access in part to Commonwealth records identified

as exempt records may be given without disclosing the information

or matter by reason of which the records are exempt records.

(2) Except in the case of records exempted from transfer to the care of

the Archives by virtue of a determination under section 29, an

examination of records for the purposes of subsection (1) shall be

conducted on premises of the Archives.

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Archives Act 1983 39

(3) The identification of records as exempt records in accordance with

this section shall be conducted in accordance with programs

approved by the Director-General and may take place before the

records concerned become records in the open access period.

(4) Determinations under subsection (1) in respect of records identified

as exempt records shall be reviewed, in accordance with

arrangements made as referred to in that subsection, at such

intervals as the Director-General thinks appropriate having regard

to the nature of the records concerned and any other relevant

circumstances and whenever necessary for the purposes of

reconsideration of a decision in accordance with section 42.

(5) The functions of the Archives with respect to public access to

Commonwealth records in the open access period shall be

performed in conformity with the determinations made from time

to time under this section, except to the extent that any such

determination is inconsistent with a decision of the Tribunal on a

review under this Act.

36 Forms of access

(1) Where the Archives is required by this Part to cause a record to be

made available for public access, any person is, subject to this Part,

entitled to access to the record.

(2) Access to a record may be given to a person in one or more of the

following forms:

(a) a reasonable opportunity to inspect the record;

(b) on payment of a charge determined in accordance with the

regulations, provision to the person of a copy of the record;

be produced or made available in a particular form by means

of a computer, projector or other equipment, provision, on

payment of a charge determined in accordance with the

regulations, of access to that information or matter by the use

of that equipment;

(d) in the case of a record by which words are recorded in a

manner in which they are capable of being reproduced in the

form of sound or in which words are contained in the form of

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40 Archives Act 1983

shorthand writing or in codified form, provision, on payment

of a charge determined in accordance with the regulations, of

a written transcript of the words recorded or contained in the

record.

(3) Subject to subsection (4), where a person has applied for access in

a particular form, access shall be given in that form.

(4) Where the giving of access under this Part in the form requested by

the person in his or her application for access:

(a) would interfere unreasonably with the operations of the

Archives or of another Commonwealth institution that has

the custody of the record;

(b) would not, having regard to the physical nature of the record,

be appropriate;

(d) would, but for this Act, involve an infringement of copyright

(other than copyright owned by the Commonwealth, a

Commonwealth institution, a State, the Australian Capital

Territory or the Northern Territory) subsisting in matter

contained in the record, being matter that does not relate to

the affairs of a Commonwealth institution;

access in that form may be refused and access given in another

form.

(5) The reference in subsection (4) to copyright owned by a

Commonwealth institution shall not be taken to extend to copyright

owned by the Australian Broadcasting Corporation or the Special

Broadcasting Service Corporation in a work or other subject matter

forming part of its program material.

37 Conditions in respect of proper care of records

(1) The Director-General may, for the purpose of ensuring the safe

custody and proper preservation of any record, determine

reasonable conditions to which access to the record is to be subject,

or determine that the record is to be withheld from public access.

(2) Where a record is withheld in accordance with subsection (1), a

copy shall be provided where, in the opinion of the

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Section 38

Archives Act 1983 41

Director-General, it is practicable to do so without detriment to the

proper preservation or safe custody of the record.

38 Access to part of exempt record

Where a record that would otherwise be required to be made

available for public access under this Part is an exempt record, the

Archives may, where it is reasonably practicable to do so, make

arrangements for part of, or a copy of part of, that record to which

access could be given without disclosing information or matter by

reason of which the record is an exempt record to be made

available for public access in accordance with this Part.

39 Information as to existence of certain documents

(1) Nothing in this Act shall be taken to require the Archives to give

information as to the existence or non-existence of a record where

information as to the existence or non-existence of that record, if

included in a Commonwealth record, would cause that

last-mentioned record to be an exempt record by virtue of

paragraph 33(1)(a), (b) or (e).

(2) Where an application to the Archives for access to a record relates

to a record that is, or if it existed would be, of a kind referred to in

subsection (1), the Archives may give notice in writing to the

applicant that the Archives neither confirms nor denies the

existence, as a Commonwealth record, of such a record but that,

assuming the existence of such a record, it would be an exempt

record, and, where such a notice is given:

(a) section 40 applies as if the decision to give such a notice

were a decision referred to in that section; and

(b) the decision to give the notice shall, for the purposes of

Division 4, be deemed to be a decision of the Archives

refusing to grant the applicant access to the record on the

ground that the record is an exempt record under

paragraph 33(1)(a), (b) or (e), as the case may be.

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Part V Commonwealth records

Division 3 Access to Commonwealth records

Section 40

42 Archives Act 1983

40 Notification of decisions

(1) This section applies in relation to an application to the Archives for

access, or for an extension of partial access, to a record referred to

in section 31, being an application:

(a) in writing;

(b) expressed to be made in accordance with this section;

Act may be sent to the person making the application; and

(d) providing such particulars, if any, concerning the record to

which it relates as are contained in the Australian National

Guide to Archival Material.

(2) The Archives shall give all reasonable assistance to persons to

enable them to make applications complying with paragraph (1)(d).

(3) Where an application to which this section applies is made, the

Archives shall take all reasonable steps to enable the applicant to

be notified of a decision on the application as soon as practicable

but in any case not later than 90 days after the day on which the

application is received by the Archives.

(4) The regulations may make provision that subsection (3) is to have

effect as if a specified shorter period were substituted for the

period of 90 days specified in that subsection.

(5) Where, in relation to an application, a decision is made relating to a

refusal to grant access to a record in accordance with the

application, the decision-maker shall cause the applicant to be

given notice in writing of the decision and the notice shall:

(a) state the findings on any material questions of fact, referring

to the material on which those findings were based, and state

the reasons for the decision;

(b) where the decision is a decision of the Archives—state the

name and designation of the person making the decision; and

(i) his or her rights with respect to a review of the decision;

(ii) his or her rights to make a complaint to the Ombudsman

in relation to the decision; and

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Section 40

Archives Act 1983 43

(iii) the procedure for the exercise of the rights referred to in

subparagraphs (i) and (ii);

including (where applicable) particulars of the manner in

which an application for review under section 42 may be

made.

(6) Section 13 of the Administrative Decisions (Judicial Review) Act

1977 does not apply to a decision of the kind referred to in

subsection (5).

(7) A notice under subsection (5) is not required to contain any matter

that is of such a nature that its inclusion in a record would cause

that record to be an exempt record under section 33.

(8) Where:

(a) an application to which this section applies has been made;

(b) the period of 90 days, or such other period as is applicable in

accordance with regulations under subsection (4), has elapsed

since the day on which the application was received by the

Archives; and

by the applicant;

the Archives shall, for the purpose of enabling an application to be

made to the Tribunal under section 43, be deemed to have made,

on the last day of that period, a decision refusing to grant access to

the record on the ground that the record is an exempt record.

(9) Where a complaint is made to the Ombudsman under the

Ombudsman Act 1976 concerning failure to make and notify to the

applicant a decision on an application (whether the complaint was

made before or after the expiration of the period referred to in

subsection (8)), an application to the Tribunal under section 43 of

this Act by virtue of that subsection shall not be made before the

Ombudsman has informed the applicant of the result of the

complaint in accordance with section 12 of the Ombudsman Act

1976.

(10) Where such a complaint is made before the expiration of the period

referred to in subsection (8), the Ombudsman, after having

investigated the complaint, may, if he or she is of the opinion that

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Division 3 Access to Commonwealth records

Section 40

44 Archives Act 1983

there has been unreasonable delay by the Archives in connection

with the request, grant to the applicant a certificate certifying that

he or she is of that opinion, and, if the Ombudsman does so, the

Archives shall, for the purpose of enabling application to be made

to the Tribunal under section 43, be deemed to have made, on the

day on which the certificate is granted, a decision refusing to grant

access to the record on the ground that the record is an exempt

record.

(11) Where, after an application has been made to the Tribunal by virtue

of subsection (8) but before the Tribunal has finally dealt with the

application, a decision in the matter to which the application relates

is given by the Archives, being a decision that is not satisfactory to

the applicant, the Tribunal may, at the request of the applicant,

treat the proceedings as extending to a review of that decision in

accordance with this Part.

(12) Before dealing further with an application made to it by virtue of

subsection (8), the Tribunal may, on the application of the

Director-General, allow further time to the Archives to deal with

the application for access.

ComLaw Authoritative Act C2014C00683

Commonwealth records Part V

Review of decisions Division 4

Section 42

Archives Act 1983 45

Division 4—Review of decisions

42 Internal reconsideration of decisions

(1) Where a person has made an application to which section 40

applies and is dissatisfied with the decision on the application, he

or she may, within 28 days after the day on which notice of the

decision was given to him or her or within such further period as

the Archives allows, apply in writing to the Archives for a

reconsideration of the decision.

(2) Where an application for reconsideration of a decision is made in

accordance with this section, the Archives shall:

(a) reconsider the decision and for that purpose arrange for any

necessary review under section 35 of a determination under

that section; and

(b) as expeditiously as practicable, give notice to the applicant of

the decision reached on the reconsideration (whether or not

that decision confirms the previous decision).

(3) A decision by the Archives on an application in accordance with

this section for reconsideration of a decision shall be made after

consideration of the application by the Director-General or a

person authorized by him or her to deal with such applications.

(4) The provisions of section 40 extend to a decision made under this

section upon a review of a decision in relation to the provision of

access to a record that is the subject of an application under that

section.

43 Applications to Administrative Appeals Tribunal

(1) Subject to this section, an application may be made to the

Administrative Appeals Tribunal for a review of a decision of the

Archives in respect of access to a record, being:

(a) a decision refusing to grant to the applicant access to the

record on the ground that the record is an exempt record or is

a Commonwealth record to which Division 3 does not apply;

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Division 4 Review of decisions

Section 43

46 Archives Act 1983

(b) a decision refusing to grant an extension of partial access to

the record on the ground that the record is an exempt record

and it is not practicable to make arrangements for giving the

further access desired by the applicant in a form that would

not disclose information or matter by reason of which the

record is an exempt record;

record on the ground that the record has been withheld from

public access pending examination of the record under

section 35;

(d) a decision refusing to grant to the applicant access to the

record on the ground that a determination has been made

under section 37 that the record is to be withheld from public

access or refusing to grant to the applicant access to the

record otherwise than on specified conditions determined

under that section;

(e) a decision refusing to grant to the applicant access to the

record in a particular form by reason of paragraph 36(4)(a),

(b) or (d); or

(f) a decision refusing to allow a further period for making an

application under subsection 42(1) for a reconsideration of a

decision.

(2) Subject to subsection (3), where, in relation to a decision referred

to in subsection (1), a person is or has been entitled to apply under

section 42 for a reconsideration of the decision, that person is not

entitled to make an application under subsection (1) in relation to

that decision, but may make such an application in respect of the

decision made on such a reconsideration.

(3) Subsection (2) does not prevent an application to the Tribunal in

respect of a decision where:

(a) the person concerned has applied under section 42 for a

reconsideration of the decision;

(b) a period of 14 days has elapsed since the day on which that

application was received by the Archives; and

and such an application to the Tribunal may be treated by the

Tribunal as having been made within the time allowed by

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Review of decisions Division 4

Section 43

Archives Act 1983 47

subsection (4) if it appears to the Tribunal that there was no

unreasonable delay in making the application to the Tribunal.

(4) Notwithstanding section 29 of the Administrative Appeals Tribunal

Act 1975, the period within which (subject to any extension

granted by the Tribunal) an application under subsection (1) of this

section is to be made in respect of a decision is:

(a) except where paragraph (b) or (c) applies—the period

commencing on the day on which notice of the decision was

given to the applicant and ending on the sixtieth day after

that day;

(b) where the decision is a decision that is deemed by

subsection 40(8) or (10) to have been made—the period

commencing on the day on which the decision is deemed to

have been made and ending on the sixtieth day after that day;

commencing on the day on which the Ombudsman has

informed the applicant as referred to in that subsection and

ending on the sixtieth day after that day.

(5) If an application to the Tribunal for review of a decision is made

before a reconsideration of the decision in accordance with

section 42 has been completed and the result notified to the

applicant, the Tribunal may, if it is satisfied that further time is

reasonably necessary to enable the reconsideration to be

completed, adjourn the proceedings for such time as it thinks fit.

(6) Section 28 of the Administrative Appeals Tribunal Act 1975 does

not apply in relation to a decision in respect of which an

application may be made to the Tribunal under this section where a

notice under subsection 40(5) of this Act has been given to the

applicant.

(7) If the Tribunal, upon application for a declaration under this

subsection made to it by a person to whom a notice has been

furnished under subsection 40(5), considers that the notice does not

contain adequate particulars of findings on material questions of

fact, an adequate reference to the evidence or other material on

which those findings were based or adequate particulars of the

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Division 4 Review of decisions

Section 44

48 Archives Act 1983

reasons for the decision to which the notice relates, the Tribunal

may make a declaration accordingly, and, where the Tribunal

makes such a declaration, the person responsible for furnishing the

notice shall, as soon as practicable but in any case within 28 days

after the Tribunal makes the declaration, furnish to the applicant an

additional notice or additional notices containing further and better

particulars in relation to matters specified in the declaration with

respect to those findings, that evidence or other material or those

reasons.

44 Powers of Tribunal

(1) Subject to this section, in proceedings under this Division, the

Tribunal has, in addition to any other power, the power to review

any decision of the Archives upon an application for access to a

record and to decide any matter in relation to that application that,

under this Act, could have been or could be decided by the

Archives, and any decision of the Tribunal under this section has

the same effect as a decision of the Archives.

(2) Where an applicant makes an application under section 43 in

respect of a decision of the kind referred to in paragraph (1)(d) of

that section, the Tribunal has power to grant access to the record to

which the application relates, or to grant access to that record on

particular conditions, notwithstanding any determination made by

the Director-General under section 37 in relation to that record.

(3) Where, in proceedings before the Tribunal in pursuance of an

application under section 43, it is established that a record is an

exempt record, the Tribunal does not, except as provided by

subsection (7), have power to decide that access is to be granted to

the record.

(7) On a review in pursuance of an application to the Tribunal under

section 43, the Tribunal may, if it is satisfied that it would be

practicable to give access to, or to a copy of, part of an exempt

record in a form that would not disclose information or matter by

reason of which the record is an exempt record, direct that access

be given accordingly.

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Review of decisions Division 4

Section 46

Archives Act 1983 49

46 Constitution of Tribunal for proceedings about certain exempt

records

(1) If an application is made to the Tribunal for review of a decision

refusing to grant access to a record in accordance with an

application under section 40, being a record that is:

(a) claimed to be an exempt record for the reason that it contains

information or matter of a kind referred to in

paragraph 33(1)(a) or (b); and

(b) not a record of the Australian Security Intelligence

Organisation;

then the Tribunal must be constituted in accordance with

subsection (2) for the purposes of any proceeding in relation to the

application.

Note: Section 21AB of the Administrative Appeals Tribunal Act 1975

contains the requirements for constitution of the Tribunal in

proceedings about a record of the Australian Security Intelligence

Organisation that is claimed to be an exempt record for the reason that

it contains information or matter of a kind referred to in

paragraph 33(1)(a) or (b).

(2) For the purposes of a proceeding referred to in subsection (1), the

Tribunal shall be constituted by:

(a) 3 presidential members; or

(b) a presidential member alone.

(3) In its application to a proceeding referred to in subsection (1),

section 21A of the Administrative Appeals Tribunal Act 1975

applies as if:

(a) subsection (1) of that section were omitted and the following

subsection substituted:

―(1) At any time during the hearing of a proceeding before

the Tribunal constituted in accordance with

subsection 46(2) of the Archives Act 1983 by a

presidential member alone, a party to the proceeding

may make an application to the Tribunal as constituted

for the purposes of that proceeding requesting that the

Tribunal be reconstituted for the purposes of that

proceeding.‖; and

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Division 4 Review of decisions

Section 48

50 Archives Act 1983

(b) subsection (3) of that section were omitted and the following

subsection substituted:

―(3) The President may, after taking the submissions into

account, if he or she considers that the matters to which

the proceeding relates are of such public importance as

to justify him or her in so doing, give a direction

varying the constitution of the Tribunal for the purposes

of that proceeding so that the Tribunal is constituted by

3 presidential members.‖.

(4) In its application to a proceeding referred to in subsection (1),

section 22 of the Administrative Appeals Tribunal Act 1975 applies

as if there were inserted after paragraph (1)(aa) of that section the

following paragraphs:

―(ab) if the Tribunal is constituted by presidential members of

whom at least 2 are Judges and none of whom is the

President—the senior Judge shall preside;

(ac) if the Tribunal is constituted by presidential members none of

whom is a Judge—one of those presidential members who is

directed by the President to do so shall preside;‖.

48 Modification of section 42 of the Administrative Appeals Tribunal

Act 1975

In its application to a proceeding referred to in subsection 46(1) of

this Act, section 42 of the Administrative Appeals Tribunal Act

1975 applies as if subsection (3) of that section were omitted and

the following subsection substituted:

―(3) A question of law arising in a proceeding before the Tribunal

constituted in accordance with subsection 46(2) of the

Archives Act 1983 by 3 presidential members shall:

(a) in a case where one only of those members is a Judge—

be decided according to the opinion of that member; and

(b) in a case where 2 of those members are Judges—be

decided according to the opinion of the majority.‖.

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Commonwealth records Part V

Review of decisions Division 4

Section 50

Archives Act 1983 51

50 Parties

For the purposes of this Part and of the application of the

Administrative Appeals Tribunal Act 1975 in respect of

proceedings under this Part, a decision given by the Archives is

taken to have been given by the Director-General.

50A Inspector-General of Intelligence and Security must be

requested to give evidence in certain proceedings

(1) This section applies in any proceedings before the Tribunal under

this Act in relation to a record that is claimed to be an exempt

record for the reason that it contains information or matter of a

kind referred to in paragraph 33(1)(a) or (b).

(2) Before determining that the record is not an exempt record, the

Tribunal must request the Inspector-General of Intelligence and

Security to appear personally and give evidence on:

(a) the damage that could reasonably be expected to be caused to

the security, defence or international relations of the

Commonwealth if the record were made available for public

access; or

(b) whether it would be reasonable to maintain the

confidentiality of information or matter to which both of the

following apply by not making the record available for public

access:

(i) the information or matter was communicated in

confidence by, or on behalf of, a foreign government, an

authority of a foreign government or an international

organisation (the foreign entity) to the Government of

the Commonwealth, to an authority of the

Commonwealth or to a person who received the

communication on behalf of the Commonwealth or an

authority of the Commonwealth (the Commonwealth

entity);

(ii) the foreign entity advises the Commonwealth entity that

the information or matter is still confidential.

(3) Before determining that part of, or a copy of part of, the record is

to be made available for public access under section 38, the

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Section 50A

52 Archives Act 1983

Tribunal must request the Inspector-General to appear personally

and give evidence on:

(a) whether making that part, or a copy of that part, of the record

available for public access could reasonably be expected to

cause damage to the security, defence or international

relations of the Commonwealth; or

(b) whether it would be reasonable to maintain the

confidentiality of information or matter to which both of the

following apply by not making that part, or a copy of that

part, of the record available for public access:

(i) the information or matter was communicated in

confidence by, or on behalf of, a foreign government, an

authority of a foreign government or an international

organisation (the foreign entity) to the Government of

the Commonwealth, to an authority of the

Commonwealth or to a person who received the

communication on behalf of the Commonwealth or an

authority of the Commonwealth (the Commonwealth

entity);

(ii) the foreign entity advises the Commonwealth entity that

the information or matter is still confidential.

(4) Before hearing the evidence of the Inspector-General, the Tribunal

must hear any evidence to be given or submissions to be made by

or on behalf of:

(a) the Archives; or

(b) the Commonwealth institution of which the record is

property.

(5) The Inspector-General must comply with a request under

subsection (2) or (3) unless, in the opinion of the

Inspector-General, the Inspector-General is not appropriately

qualified to give evidence on the matters in relation to which the

Inspector-General has been requested to give evidence.

(6) For the purposes of enabling the Inspector-General to comply with

a request under subsection (2) or (3):

(a) the Tribunal must allow the Inspector-General to take

possession of, and make copies of or take extracts from, any

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Section 50A

Archives Act 1983 53

record given to the Tribunal for the purposes of the

proceeding; and

(b) the Inspector-General may require the production of the

record that is claimed to be an exempt record for the reason

that it contains information or matter of a kind referred to in

paragraph 33(1)(a) or (b); and

Commonwealth record that relates to the record mentioned in

paragraph (b); and

(d) the Inspector-General may make copies of, or take extracts,

from the records mentioned in paragraphs (b) and (c); and

(e) after such period as is reasonably necessary for the purposes

of giving evidence to the Tribunal, the Inspector-General

must:

(i) return the original of any record to the Tribunal or to the

entity that produced the record; and

(ii) destroy any copies of or extracts taken from any record.

(7) The Inspector-General must permit a person who would be entitled

to inspect a record mentioned in paragraphs (6)(a) to (d) if it were

not in the possession of the Inspector-General to inspect the record

at all reasonable times as the person would be so entitled.

(8) The Tribunal is not bound by any opinion of the Inspector-General

expressed while giving evidence under this section.

(9) The Tribunal must allow the Inspector-General a period within

which to consider the records mentioned in paragraphs (6)(a) to (d)

that is reasonable having regard to:

(a) the nature of the evidence that the Inspector-General has been

requested to give; and

(b) the time required by the Inspector-General to perform the

Inspector-General’s other functions.

(10) The fact that a person is obliged to produce a document under

subsection (6) does not otherwise affect a claim of legal

professional privilege that anyone may make in relation to that

document.

ComLaw Authoritative Act C2014C00683

Part V Commonwealth records

Division 4 Review of decisions

Section 51

54 Archives Act 1983

51 Onus

In proceedings before the Tribunal in pursuance of an application

under section 43:

(a) the Archives has the onus of establishing that a decision

given by the Archives was justified or that the Tribunal

should give a decision adverse to the applicant; and

(b) the Tribunal is not restricted by any determination made at

any time under section 35.

52 Tribunal to ensure non-disclosure of certain matters

(1) In determining whether the Tribunal is satisfied that it is desirable

to make an order or orders under subsection 35(2) of the

Administrative Appeals Tribunal Act 1975 for the purposes of

proceedings in relation to an application under section 43, the

Tribunal must:

(a) have regard to:

(i) the necessity of avoiding the disclosure to the applicant

of matter contained in a record to which the proceedings

relate, being matter by reason of which the record is an

exempt record; and

(ii) the necessity of avoiding the disclosure to the applicant

of information of the kind referred to in

subsection 39(1); and

(b) where the proceedings relate to a record that is claimed to be

an exempt record for the reason that it contains information

or matter of a kind referred to in paragraph 33(1)(a) or (b)—

give particular weight to a submission made by the Archives

that it is desirable to make the order or orders under

subsection 35(2) of the Administrative Appeals Tribunal Act

1975 because the record contains information or matter of

that kind.

(2) Notwithstanding anything contained in the Administrative Appeals

Tribunal Act 1975:

(a) the Tribunal shall not, in its decision, or reasons for a

decision, in a matter arising under this Act, include any

ComLaw Authoritative Act C2014C00683

Commonwealth records Part V

Review of decisions Division 4

Section 53

Archives Act 1983 55

matter or information of a kind referred to in

paragraph (1)(a); and

(b) the Tribunal may receive evidence, or hear argument, in the

absence of the applicant or his or her representative where it

is necessary to do so in order to prevent the disclosure to the

applicant of matter or information of a kind referred to in

paragraph (1)(a).

53 Production of exempt records

(1) Section 37 of the Administrative Appeals Tribunal Act 1975 does

not apply in relation to a record that is claimed to be an exempt

record, but in proceedings before the Tribunal in relation to such a

record, if the Tribunal is not satisfied, by evidence on affidavit or

otherwise, that the record is an exempt record, it may require the

record to be produced for inspection by members of the Tribunal

only.

(1A) If, upon the inspection, the Tribunal is satisfied that the record is an

exempt record, the Tribunal must return the record to the person by

whom it was produced without permitting a person to have access

to the record, or disclosing the contents of the record to a person,

unless the person is:

(a) a member of the Tribunal as constituted for the purposes of

the proceeding; or

(b) a member of the staff of the Tribunal in the course of the

performance of his or her duties as a member of that staff; or

the Inspector-General of Intelligence and Security.

(2) The Tribunal may require the production, for inspection by

members of the Tribunal only, of an exempt record for the purpose

of determining whether, and to what extent, it is practicable for

arrangements to be made in accordance with section 38 and, where

an exempt record is produced by reason of such a requirement, the

Tribunal shall, after inspection of the record by the members of the

Tribunal as constituted for the purposes of the proceeding, return

the record to the person by whom it was produced without

permitting a person to have access to the record or disclosing the

contents of the record to a person, unless the person is:

ComLaw Authoritative Act C2014C00683

Part V Commonwealth records

Division 4 Review of decisions

Section 53

56 Archives Act 1983

(a) a member of the Tribunal as constituted for the purposes of

the proceeding; or

(b) a member of the staff of the Tribunal in the course of the

performance of his or her duties as a member of that staff; or

the Inspector-General of Intelligence and Security.

(5) Subsection (1) or (2) does not operate so as to prevent the Tribunal

from causing a document produced in accordance with that

subsection to be sent to the Federal Court of Australia in

accordance with section 46 of the Administrative Appeals Tribunal

Act 1975, but, where such a document is so sent to the Court, the

Court shall do all things necessary to ensure that the contents of the

document are not disclosed (otherwise than in accordance with this

Act) to any person other than a member of the Court as constituted

for the purpose of the proceeding before the Court or a member of

the staff of the Court in the course of the performance of his or her

duties as a member of that staff.

(6) Subsection (5) does not prevent the Federal Court of Australia

from causing the document concerned to be sent to the Federal

Circuit Court of Australia as mentioned in subparagraph 46(1)(c)(i)

of the Administrative Appeals Tribunal Act 1975.

(7) If a document produced in accordance with subsection (1) or (2) is

sent to the Federal Circuit Court of Australia as mentioned in

subparagraph 46(1)(c)(i) of the Administrative Appeals Tribunal

Act 1975, the Federal Circuit Court of Australia must do all things

necessary to ensure that the contents of the document are not

disclosed (otherwise than in accordance with this Act) to any

person other than:

(a) the Judge who constitutes the Federal Circuit Court of

Australia for the purposes of the proceeding before the

Federal Circuit Court of Australia; or

(b) a member of the staff of the Federal Circuit Court of

Australia in the course of the performance of his or her duties

as a member of that staff.

ComLaw Authoritative Act C2014C00683

Commonwealth records Part V

Review of decisions Division 4

Section 55

Archives Act 1983 57

55 Complaints to Ombudsman

(1) Notwithstanding anything contained in this Act or in

subsection 6(3) of the Ombudsman Act 1976 but subject to

subsection 6(2) of that Act, the exercise of the powers of the

Ombudsman under that Act in respect of matters arising under this

Act is not precluded or restricted by reason of the rights conferred

on persons by this Act to make applications to the Tribunal.

(2) For the purposes of the Ombudsman Act 1976, action taken by the

Archives in respect of an application made to the Archives in

relation to access to a record is declared to be action taken by the

Archives in relation to a matter of administration.

(3) A reference in subsection (2) to action taken by the Archives shall

be read as a reference to all such actions as would, for the purposes

of the Ombudsman Act 1976, be treated as being action taken by

the Archives.

(4) Where a complaint is made to the Ombudsman under the

Ombudsman Act 1976 concerning a decision under this Act, an

application to the Tribunal for a review of the decision shall not be

made before the Ombudsman has informed the applicant of the

result of the complaint in accordance with section 12 of that Act.

(5) Notwithstanding anything contained in the Ombudsman Act 1976,

a report under that Act in respect of a complaint arising out of an

application under this Act shall not contain information of the kind

referred to in subsection 39(1) of this Act.

55A Automatic stay of certain decisions on appeal

(1) This section applies if:

(a) a person applies, under section 43, to the Tribunal for review

of a decision refusing to make a record that is claimed to be

an exempt record available for public access; and

(b) the Tribunal decides that a person may have access to the

record, or part of the record; and

Australia from the decision of the Tribunal.

ComLaw Authoritative Act C2014C00683

Part V Commonwealth records

Division 4 Review of decisions

Section 55A

58 Archives Act 1983

(2) If this section applies to a decision of the Tribunal, the operation of

the decision is stayed by force of this section from the time at

which the appeal is instituted.

(3) If the Archives appeals to the Federal Court of Australia from the

decision of the Tribunal and the appeal in relation to the decision is

determined by the Federal Court of Australia, the stay continues to

have effect until the earlier of:

(a) the time at which the decision of the Federal Court of

Australia on the appeal takes effect; and

(b) the time otherwise determined by the Federal Court of

Australia.

(4) If the Archives appeals to the Federal Court of Australia from the

decision of the Tribunal and the appeal in relation to the decision is

determined by the Federal Circuit Court of Australia, the stay

continues to have effect until the earlier of:

(a) the time at which the decision of the Federal Circuit Court of

Australia on the appeal takes effect; and

(b) the time otherwise determined by the Federal Circuit Court

of Australia.

(5) Nothing in this section affects the power of the Federal Court of

Australia or the Federal Circuit Court of Australia to make orders

under section 44A of the Administrative Appeals Tribunal Act

1975 in relation to matters other than staying the decision of the

Tribunal.

ComLaw Authoritative Act C2014C00683

Commonwealth records Part V

Miscellaneous Division 5

Section 56

Archives Act 1983 59

Division 5—Miscellaneous

56 Arrangements for accelerated or special access

(1) The Minister or a person authorized by him or her may, in

accordance with arrangements approved by the Prime Minister,

cause all records in a particular class of Commonwealth records

not in the open access period to be available for public access.

(2) The Minister or a person authorised by the Minister may, in

accordance with arrangements approved by the Prime Minister,

cause Commonwealth records to be made available to a person in

such circumstances as are specified in the regulations

notwithstanding that the Commonwealth records concerned are not

otherwise available for public access under this Act.

(3) A person is guilty of an offence if:

(a) records are made available to the person under subsection (2)

on conditions to be observed by the person; and

(b) the person engages in conduct; and

Penalty: 20 penalty units.

(4) An arrangement approved by the Prime Minister under

subsection (2) shall be recorded in writing, and the Minister shall

cause a copy of the arrangement to be made available to the

Council.

(5) The Minister shall, not later than 3 months after the

commencement of this Part and thereafter at intervals of not more

than 3 months, cause to be made available to the Council a

statement setting out particulars of:

(a) each request for access to a document under subsection (2)

that is made during the period to which the statement relates;

and

(b) the decision of the Minister or authorized person in relation

to each such request;

ComLaw Authoritative Act C2014C00683

Part V Commonwealth records

Division 5 Miscellaneous

Section 57

60 Archives Act 1983

not being a statement that would reveal the identity of the person

who made the request.

57 Protection against certain actions

(1) Where, in the ordinary course of the administration of this Act,

access is given to a record as being a record required by this Part to

be made available for public access:

(a) no action for defamation, breach of confidence or

infringement of copyright lies, by reason of the authorizing

or giving of the access, against the Commonwealth or any

person concerned in the authorizing or giving of the access;

(b) no action for defamation or breach of confidence in respect

of any publication involved in, or resulting from, the giving

of the access lies against the author of the record or any other

person by reason of that author or other person having

supplied the record to a Commonwealth institution; and

is not guilty of a criminal offence by reason only of the

authorizing or giving of the access.

(1A) Where access to a record is given:

(a) under arrangements of the kind referred to in subsection 6(2);

(b) in good faith in the belief that the record is a record to which

subsection 31(1) applies; or

(i) under subsection 56(1), for public access; or

(ii) under subsection 56(2), to a person;

the access given to the record shall be taken, for the purposes of

subsection (1), to be given to the record as being a record required

by this Part to be made available for public access.

(2) The giving of access to a record (including an exempt record)

under this Act shall not be taken, for the purposes of the law

relating to defamation or breach of confidence, to constitute an

authorization or approval of the publication of the record or of its

contents by the person to whom the access was given.

ComLaw Authoritative Act C2014C00683

Commonwealth records Part V

Miscellaneous Division 5

Section 58

Archives Act 1983 61

58 Access to records apart from Act

Nothing in this Act prevents a person from publishing or otherwise

giving access to records (including exempt records), otherwise than

in pursuance of this Act where he or she can properly do so or is

required by law to do so.

59 Security classifications

Where a record has become available for public access in

accordance with this Part, any security classification applicable to

the record ceases to have effect for any purpose.

60 Transitional provisions relating to access

For the purposes of this Part, where, in accordance with the

administrative arrangements in operation before the

commencement of this Part, a record in the open access period has

been withheld from public access or has been made available for

public access, a determination shall be deemed to have been made

in accordance with section 35 immediately after the

commencement of this Part that the record is to be treated as an

exempt record, or that the record is not to be treated as an exempt

record, as the case may be.

ComLaw Authoritative Act C2014C00683

Part VI Samples of material for the Archives

Section 62

62 Archives Act 1983

Part VI—Samples of material for the Archives

62 Samples of material for Archives

(1) The Minister may, by notice published in the Gazette, declare that

a specified class of objects, not being objects referred to in

subsection (3), (4) or (5), is a class to which subsection (2) applies.

(2) The Archives may require any Commonwealth institution to cause

to be transferred to the care of the Archives samples of objects

included in a class of objects to which this subsection applies that

are the property of the Commonwealth or of the Commonwealth

institution.

(3) The Reserve Bank of Australia shall cause to be transferred to the

care of the Archives such samples as the Archives requires of notes

printed by, or under the authority of, the bank that are legal tender

throughout the Commonwealth.

(4) The Controller of the Royal Australian Mint shall cause to be

transferred to the care of the Archives such samples as the

Archives requires of current coins caused by the Treasurer to be

made.

(5) The Australian Postal Corporation shall cause to be transferred to

the care of the Archives such samples of current postage stamps

issued by the Corporation as the Archives requires.

ComLaw Authoritative Act C2014C00683

Care of material of the Archives Part VII

Section 63

Archives Act 1983 63

Part VII—Care of material of the Archives

63 Location of material of the Archives

(1) Subject to this Part, material of the Archives shall be kept at such

places as the Director-General considers appropriate.

(2) In considering the places at which material of the Archives should

be kept, the Director-General shall take into account:

(a) the convenience of persons who are likely to require access

to the material;

(b) the desirability of keeping related material in the same place;

and

that relates in particular to that State or Territory or to places

in that State or Territory.

(3) Copies of records forming part of the material of the Archives may

be kept in such places as the Director-General considers

appropriate.

64 Custody of material of the Archives other than by Archives

(1) Subject to any other law of the Commonwealth and to the rights of

Commonwealth institutions, the Archives may, if the

Director-General considers it appropriate to do so, make

arrangements with a person for records required to be transferred to

the care of the Archives, or for material of the Archives, to be kept

in the custody of the person.

(2) Such arrangements must:

(a) provide for the care of the material to which the

arrangements relate; and

(b) provide for the regular inspection of that material by the

Archives; and

subsections 29(3), 30(1) and 31(1) in respect of that material;

and

ComLaw Authoritative Act C2014C00683

Part VII Care of material of the Archives

Section 64

64 Archives Act 1983

(d) require the person with the custody of the records to transfer

the custody of the records to the Archives if the

Director-General so directs.

Note: Subsections 29(3), 30(1) and 31(1) deal with the availability of

records.

(3) All material of the Archives that has been delivered to the Archives

in accordance with the Copyright Act 1968, other than

Commonwealth records, shall, subject to the consent of the

Director-General of the National Library of Australia, be deposited

by the Archives with the National Library of Australia.

ComLaw Authoritative Act C2014C00683

Registers and guide relating to Archives Part VIII

Section 65

Archives Act 1983 65

Part VIII—Registers and guide relating to Archives

65 Australian National Register of Records

(1) The Archives shall maintain a register to be known as the

Australian National Register of Records.

(2) The Register shall contain such particulars of the material of the

Archives as the Director-General considers appropriate.

(3) The Register may also contain such particulars as the

Director-General considers appropriate of:

(a) current Commonwealth records;

(b) material in State archives;

(d) other archival resources relating to Australia.

(4) For the purposes of this section, the Archives shall seek the

co-operation of the owners and custodians of material in State

archives and other archives.

66 Australian National Guide to Archival Material

(1) The Archives shall maintain a guide to be known as the Australian

National Guide to Archival Material.

(2) Subject to subsection (4), the Guide shall contain particulars, in

such form as the Director-General considers appropriate, of all

Commonwealth records in the open access period that have been

examined in accordance with subsection 35(1).

(3) Subject to subsection (4), the Guide may also contain copies of

particulars contained in the Australian National Register of

Records.

(4) The Guide shall not include:

(a) particulars that would disclose any information or matter of a

kind referred to in section 33; or

ComLaw Authoritative Act C2014C00683

Part VIII Registers and guide relating to Archives

Section 67

66 Archives Act 1983

(b) particulars the disclosure of which would be contrary to any

arrangements entered into by the Archives in accordance

with this Act.

(5) A copy of the Guide shall be kept at the principal office of the

Archives in each State and Territory in which the Archives

maintains an office and may be kept at such other offices of the

Archives as the Director-General considers appropriate.

(6) A person may inspect the Guide and is entitled, on the payment of

the appropriate charge determined under the regulations, to receive

a copy of the Guide or any part of the Guide.

67 Australian National Register of Research Involving Archives

(1) The Archives shall establish and maintain a register to be known as

the Australian National Register of Research Involving Archives in

which the Archives shall endeavour to list all research that is being,

or has been, conducted in or in relation to Australia and has

involved, or will involve, the use of archival material.

(2) For the purposes of subsection (1), the Archives shall seek the

co-operation of all persons and organizations interested in research

of the kind referred to in that subsection, including the authorities

of the States responsible for State archives and the universities.

(3) A copy of the Register shall be kept at the principal office of the

Archives in each State and Territory in which the Archives

maintains an office and may be kept at such other offices of the

Archives as the Director-General considers appropriate.

(4) A person may inspect the Register and is entitled, on the payment

of the prescribed charge (if any), to receive a copy of an entry in

the Register.

ComLaw Authoritative Act C2014C00683

Miscellaneous Part IX

Section 68

Archives Act 1983 67

Part IX—Miscellaneous

68 Annual Report by the Council

(1) The Council must, as soon as practicable after 30 June in each

year, prepare and give to the Minister a report concerning the

proceedings of the Council during the 12 months ending on that

day.

(2) The Minister must cause a copy of a report given under

subsection (1) to be laid before each House of the Parliament

within 15 sitting days of that House after the report is given.

69 Certified copies of records

(1) The Director-General may give a certificate that a record referred

to in the certificate is a true copy of a record that is in the care of

the Archives and such a certificate is prima facie evidence in all

courts of the matters stated in the certificate.

(2) A writing purporting to be a certificate given under this section

shall, unless the contrary is proved, be deemed to be such a

certificate and to have been duly given.

69A Charges for discretionary service for Commonwealth

institutions

Where:

(a) the Archives provides a discretionary service for a

Commonwealth institution; and

(b) this Act does not otherwise provide for a charge for the

service;

the Archives may make a charge for the service of an amount, or at

a rate, determined in writing by the Director-General.

ComLaw Authoritative Act C2014C00683

Part IX Miscellaneous

Section 70

68 Archives Act 1983

70 Transitional

(1) A reference in any law of the Commonwealth or of a Territory, or

in any agreement or arrangement, made before the commencement

of Part II, to the Commonwealth Archives Office, to the Archival

Authority or to the authority concerned with the preservation of the

archives shall, in respect of any time after the commencement of

Part II, be read as a reference to the Archives.

(2) Notwithstanding Part II, arrangements in operation immediately

before the commencement of Part II relating to the disposal or

custody of Commonwealth records may continue in operation until

the Director-General otherwise directs.

(3) Where, immediately before the commencement of Part II, any

records were in the custody of the establishment known as the

Australian Archives, as existing at that time, under arrangements

by which the custody of the records was accepted from a person

other than a Commonwealth institution by the Commonwealth, or

by an authority or person acting on behalf of the Commonwealth,

those arrangements (including any provision of those arrangements

concerning access to or disposal of those records) have effect from

that commencement as if they were made, after that

commencement, by that person with the Archives, and

subsection 6(2) applies accordingly.

71 Regulations

The Governor-General may make regulations, not inconsistent with

this Act, prescribing all matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act;

including, but without limiting the generality of the foregoing,

regulations making provision for or in relation to the making of, or

the requiring of deposits on account of, charges of amounts, or at

rates, fixed by or in accordance with the regulations in respect of:

access to, or for information contained in, records;

ComLaw Authoritative Act C2014C00683

Miscellaneous Part IX

Section 71

Archives Act 1983 69

(d) the provision of copies or transcripts of records in pursuance

of applications made in accordance with this Act; and

(e) the provision of prescribed discretionary services for persons

other than Commonwealth institutions.

ComLaw Authoritative Act C2014C00683

Endnotes

Endnote 1—About the endnotes

70 Archives Act 1983

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions.

The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word ―none‖ will

appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in

the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that

has amended the compiled law. The information includes commencement

information for amending laws and details of application, saving or transitional

provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at

the provision level. It also includes information about any provisions that have

expired or otherwise ceased to have effect in accordance with a provision of the

compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the

compiled law but the text of the amendments is included in endnote 5.

ComLaw Authoritative Act C2014C00683

Endnotes

Endnote 1—About the endnotes

Archives Act 1983 71

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the

modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment

cannot be incorporated into the text of the compilation. Any misdescribed

amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader

of the compilation.

ComLaw Authoritative Act C2014C00683

Endnotes

Endnote 2—Abbreviation key

72 Archives Act 1983

Endnote 2—Abbreviation key

ad = added or inserted pres = present

am = amended prev = previous

c = clause(s) (prev) = previously

Ch = Chapter(s) Pt = Part(s)

def = definition(s) r = regulation(s)/rule(s)

Dict = Dictionary Reg = Regulation/Regulations

disallowed = disallowed by Parliament reloc = relocated

Div = Division(s) renum = renumbered

exp = expired or ceased to have effect rep = repealed

hdg = heading(s) rs = repealed and substituted

LI = Legislative Instrument s = section(s)

LIA = Legislative Instruments Act 2003 Sch = Schedule(s)

mod = modified/modification Sdiv = Subdivision(s)

No = Number(s) SLI = Select Legislative Instrument

o = order(s) SR = Statutory Rules

Ord = Ordinance Sub-Ch = Sub-Chapter(s)

orig = original SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)

/sub-subparagraph(s)

ComLaw Authoritative Act C2014C00683

Endnotes

Endnote 3—Legislation history

Archives Act 1983 73

Endnote 3—Legislation history

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Archives Act 1983 79, 1983 3 Nov 1983 6 June 1984 (see Gazette

1984, No. S206)

Statute Law

(Miscellaneous

Provisions) Act (No. 2)

1984

165, 1984 25 Oct

1984

s. 3: (a) ss. 2(32) and 6(1)

Statute Law

(Miscellaneous

Provisions) Act (No. 1)

1986

76, 1986 24 June

1986

s. 3: Royal Assent (b) s. 9

Intelligence and Security

(Consequential

Amendments) Act 1986

102, 1986 17 Oct

1986

1 Feb 1987 (see s. 2 and

Gazette 1987, No. S13)

—

Statute Law

(Miscellaneous

Provisions) Act 1988

38, 1988 3 June 1988 s. 3: Royal Assent (c) s. 5(1)

A.C.T. Self-Government

(Consequential

Provisions) Act 1988

109, 1988 6 Dec 1988 s. 32 (in part): 11 May

1989 (see Gazette 1989,

No. S164) (d)

—

Postal Services

Amendment Act 1988

126, 1988 14 Dec

1988

ss. 4, 5, 9–11, 21(2) and

22(1): 1 Jan 1989 (see

Gazette 1988, No. S402)

ss. 12, 21(3) and 22(2):

30 June 1989 (see

Gazette 1989, No. S216)

Remainder: Royal Assent

—

Defence Legislation

Amendment Act 1990

75, 1990 22 Oct

1990

s. 5: Royal Assent (e) —

Administrative Services

Legislation Amendment

Act 1990

80, 1990 23 Oct

1990

23 Oct 1990 —

ComLaw Authoritative Act C2014C00683

Endnotes

Endnote 3—Legislation history

74 Archives Act 1983

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Special Broadcasting

Service Act 1991

180, 1991 25 Nov

1991

s. 116: 23 Dec 1991 (f) —

Qantas Sale Act 1992 196, 1992 21 Dec

1992

Schedule (Part 1): 10 Mar

1993 (see Gazette 1993,

No. GN17) (g)

Schedule (Part 5): 30

Aug 1995 (see Gazette

1995, No. S324) (g)

s. 2(6) (am. by

60, 1993, s. 4;

168, 1994, s. 3)

as amended by

Qantas Sale

Amendment Act 1993

60, 1993 3 Nov 1993 10 Mar 1993 —

Qantas Sale

Amendment Act 1994

168, 1994 16 Dec

1994

s. 3 (item 17): Royal

Assent (h)

—

Prime Minister and

Cabinet (Miscellaneous

Provisions) Act 1994

33, 1994 15 Mar

1994

ss. 3–6: Royal Assent (i) s. 6

Archives Amendment

Act 1995

10, 1995 15 Mar

1995

ss. 1 and 2: Royal Assent

ss. 3(c) and 6–8: (j)

Remainder: 7 June 1995

(see Gazette 1995, No.

S201)

—

Statute Law Revision

Act 1996

43, 1996 25 Oct

1996

Schedule 4 (item 10) and

Schedule 5 (items 16–

18): Royal Assent (k)

—

Parliamentary Service

(Consequential

Amendments) Act 1997

189, 1997 7 Dec 1997 (l) s. 2 (am. by 145,

1999, Sch. 1

[item 2])

as amended by

Parliamentary Service

Act 1999

145, 1999 11 Nov

1999

(m) —

Public Employment

(Consequential and

Transitional)

Amendment Act 1999

146, 1999 11 Nov

1999

Schedule 1 (items 100–

103): 5 Dec 1999 (see

Gazette 1999, No. S584)

(n)

—

ComLaw Authoritative Act C2014C00683

Endnotes

Endnote 3—Legislation history

Archives Act 1983 75

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Australian Security

Intelligence Organisation

Legislation Amendment

Act 1999

161, 1999 10 Dec

1999

Schedule 3 (items 1, 17):

(o)

—

Federal Magistrates

(Consequential

Amendments) Act 1999

194, 1999 23 Dec

1999

Schedule 5: 23 Dec 1999

(p)

—

Australian Federal

Police Legislation

Amendment Act 2000

9, 2000 7 Mar 2000 Schedule 2 (item 2) and

Schedule 3 (items 20, 34,

35): 2 July 2000 (see

Gazette 2000, No. S328)

Sch. 3 (items 20,

34, 35)

Census Information

Legislation Amendment

Act 2000

30, 2000 19 Apr

2000

19 Apr 2000 —

Communications and the

Arts Legislation

Amendment

(Application of Criminal

Code) Act 2001

5, 2001 20 Mar

2001

s. 4 and Schedule 1

(items 1–6): (q)

s. 4

Australian Crime

Commission

Establishment Act 2002

125, 2002 10 Dec

2002

Schedule 2 (item 1): 1

Jan 2003

—

Defence Legislation

Amendment Act 2003

135, 2003 17 Dec

2003

Schedule 2 (items 9–11):

17 June 2004

—

Administrative Appeals

Tribunal Amendment

Act 2005

38, 2005 1 Apr 2005 Schedule 1 (items 203–

205): 16 May 2005

Sch. 1 (item 205)

Intelligence Services

Legislation Amendment

Act 2005

128, 2005 4 Nov 2005 Schedules 1–8: 2 Dec

2005

Remainder: Royal Assent

—

Census Information

Legislation Amendment

Act 2006

10, 2006 23 Mar

2006

Schedules 1 and 2:

20 April 2006

Remainder: Royal Assent

—

ComLaw Authoritative Act C2014C00683

Endnotes

Endnote 3—Legislation history

76 Archives Act 1983

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Law Enforcement

Integrity Commissioner

(Consequential

Amendments) Act 2006

86, 2006 30 June

2006

Schedule 1 (item 2): 30

Dec 2006 (see s. 2(1))

—

Quarantine Amendment

(Commission of Inquiry)

Act 2007

158, 2007 24 Sept

2007

24 Sept 2007 —

Archives Amendment

Act 2008

113, 2008 31 Oct

2008

1 Nov 2008 Sch. 1 (items 6,

24)

Freedom of Information

(Removal of Conclusive

Certificates and Other

Measures) Act 2009

99, 2009 6 Oct 2009 Schedule 2: 7 Oct 2009 Sch. 2 (items 19–

22)

Offshore Petroleum and

Greenhouse Gas Storage

Legislation Amendment

Act 2009

102, 2009 8 Oct 2009 Schedule 1 (items 62E–

62H): 9 Oct 2009

—

Freedom of Information

Amendment (Reform)

Act 2010

51, 2010 31 May

2010

Sch 3 (items 1–6, 35–37,

40) and Sch 7: 1 Nov

2010 (s 2(1) items 4, 6, 7)

Sch 3 (item 40)

and Sch 7

Acts Interpretation

Amendment Act 2011

46, 2011 27 June

2011

Sch 2 (items 75, 76) and

Sch 3 (items 10, 11): 27

Dec 2011 (s 2(1) items 3,

12)

Sch 3 (items 10,

11)

National Portrait Gallery

of Australia

(Consequential and

Transitional Provisions)

Act 2012

149, 2012 6 Nov 2012 Sch 1: 1 July 2013 (s 2(1)

item 2)

—

Federal Circuit Court of

Australia (Consequential

Amendments) Act 2013

13, 2013 14 Mar

2013

Sch 1 (item 28) and Sch 2

(item 2): 12 Apr 2013 (s

2(1) items 2, 3)

—

Statute Law Revision

Act (No. 1) 2014

31, 2014 27 May

2014

Sch 4 (items 1–8):

24 June 2014 (s 2(1)

item 9)

Sch 4 (item 8)

ComLaw Authoritative Act C2014C00683

Endnotes

Endnote 3—Legislation history

Archives Act 1983 77

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Public Governance,

Performance and

Accountability

(Consequential and

Transitional Provisions)

Act 2014

62, 2014 30 June

2014

Sch 6 (items 2, 3), Sch 7

(item 125) and Sch 14

(items 1–4): 1 July 2014

(s 2(1) items 6, 14)

Sch 14 (items 1–

National Security

Legislation Amendment

Act (No. 1) 2014

108, 2014 2 Oct 2014 Sch 7 (items 67, 144,

145): 3 Oct 2014 (s 2(1)

items 3, 5)

Sch 7 (items 144,

145)

(a) The Archives Act 1983 was amended by section 3 only of the Statute Law

(Miscellaneous Provisions) Act (No. 2) 1984, subsections 2(1) and (5) of

which provide as follows:

(1) Subject to this section, this Act shall come into operation on the

twenty-eighth day after the day on which it receives the Royal Assent.

(5) The amendment of subsection 44(3) of the Archives Act 1983 made by

this Act shall be deemed to have come into operation on 6 June 1984.

(b) The Archives Act 1983 was amended by section 3 only of the Statute Law

(Miscellaneous Provisions) Act (No. 1) 1986, subsection 2(1) of which

provides as follows:

(1) Subject to this section, this Act shall come into operation on the day on

which it receives the Royal Assent.

(c) The Archives Act 1983 was amended by section 3 only of the Statute Law

(Miscellaneous Provisions) Act 1988, subsection 2(1) of which provides as

follows:

(1) Subject to this section, this Act commences on the day on which it

receives the Royal Assent.

(d) The Archives Act 1983 was amended by section 32 only of the A.C.T.

Self-Government (Consequential Provisions) Act 1988, subsection 2(3) of

which provides as follows:

(3) The remaining provisions of this Act (including the amendments made

by Schedule 5) commence on a day or days to be fixed by Proclamation.

(e) The Archives Act 1983 was amended by section 5 only of the Defence

Legislation Amendment Act 1990, subsection 2(1) of which provides as

follows:

ComLaw Authoritative Act C2014C00683

Endnotes

Endnote 3—Legislation history

78 Archives Act 1983

(1) Subject to this section, this Act commences on the day on which it

receives the Royal Assent.

(f) The Archives Act 1983 was amended by section 116 only of the Special

Broadcasting Service Act 1991, subsection 2(1) of which provides as follows:

(1) Subject to subsection (2), this Act commences 28 days after the day on

which it receives the Royal Assent.

(g) The Archives Act 1983 was amended by the Schedule (Parts 1 and 5) of the

Qantas Sale Act 1992, subsections 2(2), (3)(a) and (c) of which provide as

follows:

(2) Subject to subsection (3), the remaining provisions of this Act commence

on a day or days to be fixed by Proclamation.

(3) A Proclamation may fix a day that is earlier than the day on which the

Proclamation is published in the Gazette but only if:

(a) in the case of sections 30, 31, 35, 37, 39, 43 and 50 and Parts 1 and 2

of the Schedule—the day is not earlier than the substantial minority

sale day; and

the Schedule—the day is not earlier than the 100% sale day.

(h) The Qantas Sale Act 1992 was amended by section 3 (item 17) only of the

Qantas Sale Amendment Act 1994, subsection 2(1) of which provides as

follows:

(1) Subject to this section, this Act commences on the day on which it

receives the Royal Assent.

(i) The Archives Act 1983 was amended by sections 3–6 only of the Prime

Minister and Cabinet (Miscellaneous Provisions) Act 1994, subsection 2(1)

of which provides as follows:

(1) Except for subsection 15(1), this Act commences on the day on which it

receives the Royal Assent.

(j) The Archives Act 1983 was amended by subsection 3(c) and sections 6–8

only of the Archives Amendment Act 1995, subsection 2(2) of which provides

as follows:

(2) Paragraph 3(c) and sections 6, 7 and 8 are taken to have commenced

immediately after the commencement of the Witness Protection Act

1994.

The Witness Protection Act 1994 came into operation on 18 April 1995.

(k) The Archives Act 1983 was amended by Schedule 4 (item 10) and Schedule 5

(items 16–18) only of the Statute Law Revision Act 1996, subsection 2(1) of

which provides as follows:

(1) Subject to subsections (2) and (3), this Act commences on the day on

which it receives the Royal Assent.

ComLaw Authoritative Act C2014C00683

Endnotes

Endnote 3—Legislation history

Archives Act 1983 79

(l) Section 2 of the Parliamentary Service (Consequential Amendments) Act

1997 provides as follows:

2 This Act commences at the time when the Parliamentary Service Act

1999 commences.

The Parliamentary Service Act 1999 came into operation on the same day as

the Public Service Act 1999, immediately after that Act commenced.

The Public Service Act 1999 came into operation on 5 December 1999 (see

Gazette 1999, No. S584).

(m) Section 2 of the Parliamentary Service Act 1999 provides as follows:

2 This Act commences, or is taken to have commenced, on the same day as

the Public Service Act 1999, immediately after the commencement of

that Act.

The Public Service Act 1999 came into operation of 5 December 1999 (see

Gazette 1999, No. S584).

(n) The Archives Act 1983 was amended by Schedule 1 (items 100–103) only of

the Public Employment (Consequential and Transitional) Amendment Act

1999, subsections 2(1) and (2) of which provide as follows:

(1) In this Act, commencing time means the time when the Public Service

Act 1999 commences.

(2) Subject to this section, this Act commences at the commencing time.

(o) The Archives Act 1983 was amended by Schedule 3 (items 1 and 17) only of

the Australian Security Intelligence Organisation Legislation Amendment Act

1999, subsection 2(2) of which provides as follows:

Schedule 3

(2) Subject to subsections (3) to (6), Schedule 3 commences immediately

after the commencement of the other Schedules to this Act.

The other Schedules to this Act commenced on Royal Assent.

(p) The Archives Act 1983 was amended by Schedule 5 only of the Federal

Magistrates (Consequential Amendments) Act 1999, subsection 2(1) of which

provides as follows:

(1) Subject to this section, this Act commences on the commencement of the

Federal Magistrates Act 1999.

(q) The Archives Act 1983 was amended by Schedule 1 (items 1–6) only of the

Communications and the Arts Legislation Amendment (Application of

Criminal Code) Act 2001, subsection 2(1)(a) of which provides as follows:

(1) Subject to this section, this Act commences at the latest of the following

times:

(a) immediately after the commencement of item 15 of Schedule 1 to the

Criminal Code Amendment (Theft, Fraud, Bribery and Related

Offences) Act 2000;

ComLaw Authoritative Act C2014C00683

Endnotes

Endnote 3—Legislation history

80 Archives Act 1983

Item 15 commenced on 24 May 2001.

ComLaw Authoritative Act C2014C00683

Endnotes

Endnote 4—Amendment history

Archives Act 1983 81

Endnote 4—Amendment history

Provision affected How affected

Part I

s. 2A...............................................ad No. 113, 2008

s 3 ..................................................am No 109, 1988; No 80, 1990; No 196, 1992; No 33, 1994; No 10, 1995;

No 189, 1997 (as am by No 145, 1999); No 146, 1999; No 30, 2000; No 5,

2001; No 135, 2003; No 10, 2006; No 158, 2007; No 113, 2008; No 102,

2009; No 51, 2010; No 46, 2011; No 149, 2012; No 31, 2014

Note to s. 3(7) ................................ad No. 10, 2006

am. No. 51, 2010

ss. 3A, 3B ......................................ad No. 10, 1995

s. 3C...............................................ad No. 113, 2008

Note to s. 3C(1)..............................am No. 46, 2011

s. 4A...............................................ad No. 5, 2001

Part II

Heading to Part II...........................rs No. 30, 2000

Heading to s. 5 ...............................am No. 30, 2000

s. 5 .................................................am No. 30, 2000; No. 113, 2008; No 62, 2014

s. 6 .................................................am No. 109, 1988; No. 113, 2008

s. 6A...............................................ad No. 113, 2008

Part III

s. 7 .................................................am No. 43, 1996; No. 146, 1999; No. 30, 2000

s. 8 .................................................am No. 43, 1996

s. 9 .................................................am No. 146, 1999

Part IV

Heading to Part IV .........................rs No. 30, 2000

Heading to s. 10 .............................rs No. 30, 2000

s. 10 ...............................................am No. 43, 1996; No. 30, 2000

hdg to s 12......................................rs No 31, 2014

s 12 ................................................am No 31, 2014

s 13 ................................................am No. 43, 1996

s 14 ................................................am No. 43, 1996

ComLaw Authoritative Act C2014C00683

Endnotes

Endnote 4—Amendment history

82 Archives Act 1983

Provision affected How affected

s 15 ................................................am No. 43, 1996

s 16 ................................................am No. 43, 1996

s 17 ................................................am No. 43, 1996; No 31, 2014

Part V

Division 1

Heading to s. 22 .............................am No. 158, 2007

s. 22 ...............................................am No. 158, 2007; No. 113, 2008; No. 102, 2009

s. 22A.............................................ad No. 33, 1994

am. No. 51, 2010

s. 22B.............................................ad No. 30, 2000

rs. No. 10, 2006

s. 23 ...............................................am No. 109, 1988

Division 2

s. 24 ...............................................am No. 30, 2000; No. 5, 2001; No. 113, 2008

s. 26 ...............................................am No. 76, 1986; No. 5, 2001; No. 51, 2010

s. 27 ...............................................rs No. 113, 2008

am. No. 51, 2010

Note to s. 28...................................ad No. 113, 2008

s. 28A.............................................ad No. 10, 1995

s. 29 ...............................................am No. 102, 1986; No. 75, 1990; No. 10, 1995; No. 43, 1996; No. 161,

1999; No. 128, 2005; No. 113, 2008; No. 99, 2009; No 108, 2014

Note to s. 29(3) ..............................ad No. 113, 2008

s. 30 ...............................................rs No. 113, 2008

am. No. 51, 2010

Heading to s. 30A ..........................am No. 10, 2006

s. 30A.............................................ad No. 30, 2000

am. No. 10, 2006

Division 3

s. 31 ...............................................am No. 113, 2008

s. 32 ...............................................am No. 109, 1988

s. 33 ...............................................am No. 109, 1988; No. 10, 1995; No. 43, 1996; No. 125, 2002; No. 86,

2006; No. 51, 2010

s. 34 ...............................................am No. 43, 1996; No. 146, 1999

ComLaw Authoritative Act C2014C00683

Endnotes

Endnote 4—Amendment history

Archives Act 1983 83

Provision affected How affected

rep. No. 99, 2009

s. 35 ...............................................am No. 113, 2008

s. 36 ...............................................am No. 109, 1988; No. 180, 1991; No. 43, 1996

s. 40 ...............................................am No. 43, 1996

Division 4

s. 41 ...............................................rep. No. 99, 2009

ss. 42, 43 ........................................am No. 43, 1996

s. 44 ...............................................am No. 165, 1984; No. 99, 2009

s. 45 ...............................................am No. 43, 1996

rep. No. 99, 2009

Heading to s. 46 .............................rs No. 99, 2009

s. 46 ...............................................am No. 43, 1996; No. 99, 2009

s. 47 ...............................................am No. 10, 1995; No. 43, 1996; No. 9, 2000

rep. No. 99, 2009

s. 48 ...............................................am No. 38, 2005

s. 49 ...............................................am No. 43, 1996

rep. No. 99, 2009

s. 50 ...............................................rs No. 99, 2009

s. 50A.............................................ad No. 99, 2009

am. No. 51, 2010

s. 52 ...............................................am No. 43, 1996; No. 99, 2009

s. 53 ...............................................am No. 43, 1996; No. 194, 1999; No. 99, 2009; No. 13, 2013

s. 54 ...............................................rep. No. 99, 2009

s. 55A.............................................ad No. 99, 2009

am. No. 13, 2013

Division 5

s. 56 ...............................................am No. 76, 1986; No. 43, 1996; No. 5, 2001

s. 57 ...............................................am No. 38, 1988

s. 58 ...............................................am No. 43, 1996

Part VI

Heading to Part VI .........................rs No. 113, 2008

s. 61 ...............................................am No. 43, 1996; No. 5, 2001

ComLaw Authoritative Act C2014C00683

Endnotes

Endnote 4—Amendment history

84 Archives Act 1983

Provision affected How affected

rep. No. 113, 2008

s. 62 ...............................................am No. 126, 1988; No. 113, 2008

Part VII

s. 64 ...............................................am No. 113, 2008

Part VIII

s. 66 ...............................................am No. 38, 1988; No. 99, 2009

Part IX

s. 68 ...............................................am No. 43, 1996

rs No 62, 2014

s. 69 ...............................................am No. 113, 2008

s. 69A.............................................ad No. 80, 1990

s. 71 ...............................................am No. 165, 1984; No. 80, 1990

ComLaw Authoritative Act C2014C00683

Endnotes

Endnote 5—Uncommenced amendments [none]

Archives Act 1983 85

Endnote 5—Uncommenced amendments [none]

ComLaw Authoritative Act C2014C00683

Endnotes

Endnote 6—Modifications

86 Archives Act 1983

Endnote 6—Modifications

Archives (Records of the Parliament) Regulations (No. 91, 1995)

ComLaw Authoritative Act C2014C00683

Endnotes

Endnote 7—Misdescribed amendments [none]

Archives Act 1983 87

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]

ComLaw Authoritative Act C2014C00683

Archives Act 1983 (consolidated as of October 3, 2014), Australia

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