Federal Register of Legislation - Australian Government

Primary content

Determinations/Other as made
This instrument determines an amount or rate of charge for a discretionary service provided to a Commonwealth institution by the National Archives of Australia.
Administered by: Attorney-General's
Registered 28 Oct 2016
Tabling HistoryDate
Tabled HR07-Nov-2016
Tabled Senate07-Nov-2016

 

EXPLANATORY STATEMENT

 

Issued by the National Archives of Australia

 

Archives Act 1983, section 69A

 

Archives (Discretionary Services Charges – Agency Digitisation) Determination 2016

 

 

 

Purpose

 

The purpose of the Archives (Discretionary Service Charges – Agency Digitisation) Determination 2016 (the Determination) is to determine an amount or rate of charge for a discretionary service provided to a Commonwealth institution by the National Archives of Australia (the Archives).

 

Legislative Basis

 

Section 69A of the Archives Act 1983 (the Act) enables the Director-General of the Archives to make a charge for discretionary services that are provided to a Commonwealth institution. Discretionary services are defined in subsection 3(3A) of the Act as the doing of an act by the Archives, being an act that the Archives has power to do and that it does at the persons 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.

 

The Determination is a legislative instrument within the meaning of the Legislation Act 2003(Cth).

 

Consultation

 

Under subsection 17 of the Legislation Act 2003 consultation was not necessary. The Instrument is of a minor or machinery nature and only applies to Commonwealth institutions. It is also not considered reasonably practicable to consult Commonwealth institutions on this charge. The charge is necessary to ensure that access to digital copies of records can be provided in an efficient and effective manner and to meet the rapidly increasing costs for the Archives in providing this service. The charge will enable a move towards digital lending in a manner that is sustainable for the Archives today and into the future.

 

Regulatory Impact Statement

 

The Attorney-General’s Department, Deregulation Unit has confirmed that a Regulatory Impact Statement is not required in this case.  The charge is covered by the ‘direct financial costs’ exclusion of the current Regulatory Burden Measurement Framework.

 



Commencement

 

The Determination commences on the day after it is registered on the Federal Register of

Legislative Instruments.

 

Statement of Compatibility with Human Rights

 

A statement of compatibility with human rights for the purpose of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out below.

 

The legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

Details of the Archives (Discretionary Service Charges – Agency Digitisation) Determination 2016

 

Clause 1 – Name of Determination

 

Clause 1 of the Determination provides that the name of the instrument is the Archives

(Discretionary Service Charges – Agency Digitisation) Determination 2016.

 

Clause 2 – Commencement

 

Clause 2 provides for the commencement date.

Clause 3 - Authority

Clause 3 of the Determination provides that the legislative instrument is made under section 69A of the Archives Act 1983.

 

Clause 4 - Definitions

 

Clause 4 of the Determination sets out the definitions used in the Determination. In particular, it introduces the concept of a fragile item which is relevant to the rate of charge that applies in Clause 5. The definition of fragile item provides a basis upon which the Archives can charge a different rate to Commonwealth institutions for digitisation. This includes, where one or more factors such as age, paper type, paper size, the manner in which documents have been joined and placed on files, or for some other reason the cost for the Archives to digitise the item is greater than for non-fragile items.

Clause 5 – Charges for Agency Digitisation Service

Clause 5 of the Determination sets out the charges for discretionary services.