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C2023C00142 (C45)
01 July 2023
-
11 August 2023
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Part I—Preliminary
1 Short title
2 Commencement
2A Objects of this Act
3 Interpretation
3A A company no longer established for a public purpose
3B Commonwealth controlled companies or associations that are not authorities of the Commonwealth
3C Director General may determine archival resources of the Commonwealth
4 Extension to Territories
4A Application of the Criminal Code
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Part II—Establishment, functions and powers of the National Archives of Australia
5 Establishment and functions of National Archives of Australia
6 Powers of Archives
6A Records that are not part of the archival resources of the Commonwealth
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Part III—The Director General and staff of the Archives
7 Director General
8 Delegation by Director General
9 Staff
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Part IV—National Archives of Australia Advisory Council
10 National Archives of Australia Advisory Council
11 Functions of Council
12 Chair and Deputy Chair of Council
13 Deputies of members
14 Remuneration and allowances of members
15 Termination of office of member
16 Resignation of member
17 Meetings of the Council
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Part V—Commonwealth records
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Division 1—Preliminary
18 Records of the Parliament
19 Court records
20 Regulations and arrangements relating to certain records
21 Archives may be given custody of certain records
22 Records of Royal Commissions etc.
22A Cabinet notebooks
22B Census information
22C Independent Review documents
23 Records of inter governmental authorities
Division 2—Dealings with Commonwealth records
24 Disposal, destruction etc. of Commonwealth records
25 Advice to Council on disposal practices
26 Alteration of Commonwealth records
27 Transfer of certain Commonwealth records to care of Archives
28 Archives to have access to records
28A Records of companies or associations that cease to be authorities of the Commonwealth
29 Exemption of certain records
30 Commonwealth records to be available to Commonwealth institutions
30A Non disclosure of Census information
Division 3—Access to Commonwealth records
31 Records in open access period to be publicly available
32 Consultation with States
33 Exempt records
35 Identification of exempt records
36 Forms of access
37 Conditions in respect of proper care of records
38 Access to part of exempt record
39 Information as to existence of certain documents
40 Applications for access to records
40A Consideration period for applications for access to records
40B Applications for access to records made by persons acting in concert etc.
Division 4—Review of decisions
42 Internal reconsideration of decisions
43 Applications to Administrative Appeals Tribunal
44 Powers of Tribunal
46 Constitution of Tribunal for proceedings about certain exempt records
48 Modification of section 42 of the Administrative Appeals Tribunal Act 1975
50 Parties
50A Inspector General of Intelligence and Security must be requested to give evidence in certain proceedings
51 Onus
52 Tribunal to ensure non disclosure of certain matters
53 Production of exempt records
55 Complaints to Ombudsman
55A Automatic stay of certain decisions on appeal
Division 5—Miscellaneous
56 Arrangements for accelerated or special access
57 Protection against certain actions
58 Access to records apart from Act
59 Security classifications
60 Transitional provisions relating to access
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Part VI—Samples of material for the Archives
62 Samples of material for Archives
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Part VII—Care of material of the Archives
63 Location of material of the Archives
64 Custody of material of the Archives other than by Archives
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Part IX—Miscellaneous
68 Annual Report by the Council
69 Certified copies of records
69A Charges for discretionary service for Commonwealth institutions
70 Transitional
71 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history