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
ComLaw Authoritative Act C2014C00683
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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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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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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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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(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;
or
(c) a Commonwealth-controlled company or a
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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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;
(c) the Senate;
(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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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;
or
(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
(c) material included in the collection of works of art maintained
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;
(c) for any other record—subsection (7) of this section.
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;
(c) a person who is, or has at any time been, associated with a
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;
(c) the Australian Navy Cadets; and
(d) the Australian Air Force Cadets.
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Section 3
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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Section 4
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
(c) the following persons are officials of the Archives:
(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
(c) to promote, by providing advice and other assistance to
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;
or
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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;
(c) make arrangements for the acquisition by the Commonwealth
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
copyright owned by the Commonwealth) subsisting in the
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
copyright owned by the Commonwealth) subsisting in the
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:
(c) if another Commonwealth institution has succeeded to the
relevant functions of the institution—cause the record to be
transferred to the custody of that successor institution, but
only in accordance with arrangements agreed to by that
successor institution; or
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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
(c) 11 other members, appointed by the Minister.
(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.
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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.
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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.
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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.
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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
(c) in the case of records in the possession of a Parliamentary
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
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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
(c) the Minister administering the Offshore Petroleum 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:
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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
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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;
or
(b) the transfer of the custody or ownership of a Commonwealth
record; or
(c) damage to or alteration of a Commonwealth record.
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;
(c) in accordance with a normal administrative practice, other
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.
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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
(c) in a case where practices for the destruction or other disposal
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.
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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
(c) the person’s conduct results in an addition to or an alteration
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:
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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
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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
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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;
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Division 2 Dealings with Commonwealth records
Section 30
32 Archives Act 1983
(ba) the Australian Geospatial-Intelligence Organisation;
(c) the Australian Signals Directorate;
(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.
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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
(c) is not an exempt record.
(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;
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(c) information or matter the disclosure of which under this Act
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;
or
(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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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
(c) a person who is, or has been, a witness within the meaning of
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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(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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(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;
(c) in the case of a record from which information or matter can
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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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;
(c) would be detrimental to the preservation of the record; or
(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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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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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;
(c) specifying an address in Australia at which notices under this
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
(c) give to the applicant appropriate information concerning:
(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
(c) notice of a decision on the application has not been received
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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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
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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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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;
(c) a decision refusing to grant to the applicant access to the
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
(c) he or she has not been informed of the result of the review;
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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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;
or
(c) where subsection 55(4) is applicable—the period
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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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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(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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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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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
ComLaw Authoritative Act C2014C00683
Commonwealth records Part V
Review of decisions Division 4
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
(c) the Inspector-General may require the production of any
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
(c) in the circumstances permitted under paragraph 50A(6)(a)—
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
(c) in the circumstances permitted under paragraph 50A(6)(a)—
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
(c) the Archives institutes an appeal to the Federal Court of
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
(c) the person’s conduct contravenes such a condition.
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
(c) a person concerned in the authorizing or giving of the access
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
(c) by making the record available:
(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
(c) the appropriateness of keeping in a State or Territory material
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
(c) enable the Archives to meet its obligations under
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;
(c) material in other archives, including private archives; and
(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:
(c) searches carried out to comply with applications made for
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–
4)
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
(c) in the case of sections 25, 36, 38, 44 and 51 and Parts 5, 6 and 7 of
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