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Primary content

Archives Regulations

Authoritative Version
SR 1984 No. 100 Regulations as amended, taking into account amendments up to Archives Amendment (Charges) Regulations 2017
Administered by: Attorney-General's
Registered 20 Jul 2017
Start Date 04 Jul 2017
Date of repeal 22 Mar 2018
Repealed by Archives Regulations 2018
Table of contents.

Archives Regulations

Statutory Rules No. 100, 1984

made under the

Archives Act 1983

Compilation No. 6

Compilation date:                              4 July 2017

Includes amendments up to:            F2017L00866

Registered:                                         20 July 2017

 

About this compilation

This compilation

This is a compilation of the Archives Regulations that shows the text of the law as amended and in force on 4 July 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Citation................................................................................................ 1

2............ Interpretation....................................................................................... 1

2B......... Authorities of the Commonwealth—Commonwealth Funds Management Limited and subsidiary companies........................................................................................... 1

2C......... Custodial institutions........................................................................... 1

3............ Appraisal of records............................................................................ 2

4............ Notice in relation to dealings with records.......................................... 2

5............ Confirmation of arrangements for dealing with records...................... 3

6............ Consent to destruction or other disposal of certain records................. 3

7............ Confirmation of destruction or other disposal of records.................... 3

7AA...... Australian War Memorial collection: Commonwealth records............ 4

7A......... Relevant offices—paragraph 34(8)(c) of the Act................................ 4

9............ Special access to Commonwealth records—specified circumstances for purposes of subsection 56(2) of the Act................................................................................................. 4

10.......... Discretionary services......................................................................... 5

11.......... Charges............................................................................................... 6

Schedule 1AA—Classes of records to which regulation 7AA does not apply                                                                                                                           8

Schedule 1A—Relevant offices in respect of Commonwealth institutions—delegation by a Minister                                                         9

Schedule 1—Charges for discretionary services                          10

Endnotes                                                                                                                                    12

Endnote 1—About the endnotes                                                                            12

Endnote 2—Abbreviation key                                                                                13

Endnote 3—Legislation history                                                                             14

Endnote 4—Amendment history                                                                           15

 


 

 

1  Citation

                   These regulations may be cited as the Archives Regulations.

2  Interpretation

                   In these regulations, unless the contrary intention appears:

metre, in relation to records, means a linear metre of shelf space occupied by the records.

sentence, in relation to records to be kept at the Archives, means the classification of the records according to the period for which each record is to be kept.

the Act means the Archives Act 1983.

Note:          Words and expressions that are defined in the Act and used in these regulations have the same meaning in these regulations as they do in the Act (see Acts Interpretation Act 1901, s 46(1)(a)). For example, subsection 3(1) of the Act contains a definition of Commonwealth institution and subsection 3(3A) contains a definition of discretionary service.

2B  Authorities of the Commonwealth—Commonwealth Funds Management Limited and subsidiary companies

             (1)  Commonwealth Funds Management Limited is prescribed for the purposes of paragraph (c) of the definition of authority of the Commonwealth in subsection 3(1) of the Act.

             (2)  Each company that is a subsidiary of Commonwealth Funds Management Limited is prescribed for the purposes of paragraph (c) of the definition of authority of the Commonwealth in subsection 3(1) of the Act.

             (3)  In this regulation:

Commonwealth Funds Management Limited and subsidiary have the same meanings, respectively, as in the Commonwealth Funds Management Limited Act 1990.

2C  Custodial institutions

             (1)  The Australian National Maritime Museum established under section 5 of the Australian National Maritime Museum Act 1990 is a custodial institution for the purposes of paragraph (e) of the definition of exempt material in subsection 3(1) of the Act.

             (2)  A Commonwealth record which is transferred under section 24 of the Act to the custody of the Australian National Maritime Museum does not form part of the collection of the Australian National Maritime Museum.

3  Appraisal of records

                   Where, by notice in writing given by the Archives, a Commonwealth institution is requested to furnish information to the Archives in respect of Commonwealth records, or records included in a class of Commonwealth records, in its custody, the Commonwealth institution shall, within such time as is reasonable in the circumstances, provide the information so requested, being information that is reasonably necessary for the purpose of appraising such records including, without limiting the generality of the foregoing, information relating to:

                     (a)  the subject matter of the records;

                     (b)  the purpose of the records in fulfilling the functions of a Commonwealth institution;

                     (c)  the age of the records;

                     (d)  the period to which the records relate;

                     (e)  the physical nature of the records;

                      (f)  the quantity of the records;

                     (g)  the location of the records;

                     (h)  the frequency with which the records are, or will be, used;

                      (j)  the value, or significance, of the records in relation to the functions of a Commonwealth institution;

                     (k)  the record‑keeping system used in relation to the records;

                      (l)  the relationship (if any) between the records and other materials;

                    (m)  the existence of any law, agreement, practice, procedure, arrangement or understanding affecting the disposal or custody of the records.

4  Notice in relation to dealings with records

             (1)  Where:

                     (a)  the permission of the Archives is given to a person in respect of any dealings with Commonwealth records;

                     (b)  a practice or procedure is approved by the Archives, in relation to any dealings with Commonwealth records; or

                     (c)  the Archives notifies a Department or authority of the Commonwealth that it disapproves of a practice of the Department or authority in relation to dealings with Commonwealth records;

such permission, approval or disapproval, as the case may be, shall be given by the Archives by notice in writing, being a notice that complies with subregulation (2).

             (2)  A notice referred to in subregulation (1) shall:

                     (a)  be signed by the Director‑General or an authorized person;

                     (b)  specify the date on which the notice is signed;

                     (c)  specify the matter to which permission, approval or disapproval, relates, as the case may be; and

                     (d)  specify the name and address of the person to whom the notice is to be given.

             (3)  In this regulation, a reference to an authorized person shall be read as a reference to a person authorized in writing by the Director‑General to be an authorized person for the purposes of this regulation.

5  Confirmation of arrangements for dealing with records

                   Where the Archives has given permission relating to the destruction or other disposal of Commonwealth records, or records included in a class of Commonwealth records, by a Commonwealth institution, the institution shall, not later than 90 days after receipt of such permission, inform the Archives in writing either:

                     (a)  that it intends to destroy or otherwise dispose of the records in accordance with that permission; or

                     (b)  that, for the reasons set out, it does not intend to so destroy or otherwise dispose of the records.

6  Consent to destruction or other disposal of certain records

             (1)  Where, the Archives has, by notice in writing, requested the consent of a Commonwealth institution to the destruction or other disposal of prescribed records, that institution shall, within 30 days after receipt of such notice, respond in writing to the Archives by:

                     (a)  consenting to the proposed destruction or other disposal of the records; or

                     (b)  requesting, for the reasons set out, that the Archives retain the records for a further period.

             (2)  In subregulation (1), prescribed records means Commonwealth records, or records included in a class of Commonwealth records that, in accordance with an arrangement approved by the Archives, are being kept temporarily in the custody of the Archives for a period that, at the date of the request referred to in subregulation (1), has expired or will expire within 90 days of that request.

7  Confirmation of destruction or other disposal of records

                   Where a Commonwealth institution has, with the permission of the Archives or in accordance with a practice or procedure approved by the Archives, destroyed or otherwise disposed of Commonwealth records, the Commonwealth institution shall, by notice in writing given to the Archives within 30 days of the destruction or other disposal of those records, inform the Archives that the records have been so destroyed or otherwise disposed of.

7AA  Australian War Memorial collection: Commonwealth records

             (1)  For the purposes of subsection 3(6) of the Act, official records held in the memorial collection of the Australian War Memorial, other than records included in a class of records specified in Schedule 1AA, are taken to be Commonwealth records for the purposes of the following provisions of the Act:

                     (a)  sections 28 and 30;

                     (b)  Division 3 (other than subsections 31(3) and 35(2) of Part V);

                     (c)  Divisions 4 and 5 (other than section 58) of Part V.

             (2)  In subregulation (1), official records means records that, but for being included in the memorial collection within the meaning of the Australian War Memorial Act 1980, would be Commonwealth records.

7A  Relevant offices—paragraph 34(8)(c) of the Act

             (1)  For the purposes of paragraph 34(8)(c) of the Act, an office specified in Column 3 of an item in Schedule 1A is declared to be the relevant office in respect of the Commonwealth institution specified in Column 2 of that item in that Schedule.

             (2)  A reference to an office in Column 3 of an item in Schedule 1A is a reference to that office in the Commonwealth institution specified in Column 2 of that item.

9  Special access to Commonwealth records—specified circumstances for purposes of subsection 56(2) of the Act

             (1)  For the purposes of this regulation, records are, in relation to a person, relevant records in respect of an office formerly held by the person if the records are records that were, or could reasonably be presumed to have been, seen or personally dealt with by the person in the course of the exercise of the duties of that office.

             (2)  The following circumstances are specified as circumstances in which Commonwealth records may, in accordance with subsection 56(2) of the Act, be made available to a person, namely:

                     (a)  where:

                              (i)  the Commonwealth records are, in relation to the person, relevant records in respect of an office formerly held by him or her, being:

                                        (A)  the office of Governor‑General;

                                        (B)  an office of Minister;

                                        (C)  an office of Secretary (within the meaning of the Public Service Act 1922); or

                                        (D)  an office in a Commonwealth institution (other than an office referred to in sub‑subparagraph (C)) that the Prime Minister has, for the purposes of this paragraph, declared in writing to be an approved office in relation to the person; and

                             (ii)  the person desires to refresh his or her memory about the Commonwealth records;

                     (b)  where:

                              (i)  the person is preparing, with the consent of another person or, if that other person has died, the consent of the personal representative of that other person, a biography of that other person; and

                             (ii)  the Commonwealth records are, in relation to the other person, relevant records in respect of an office formerly held by him or her, being:

                                        (A)  an office referred to in sub‑subparagraph (a)(i)(A), (B) or (C); or

                                        (B)  an office in a Commonwealth institution (other than an office referred to in sub‑subparagraph (a)(i)(C)) that the Prime Minister has, for the purposes of this paragraph, declared in writing to be an approved office in relation to the other person;

                     (c)  where:

                              (i)  the person is not a Commonwealth institution; and

                             (ii)  the Archives have the custody and management of the Commonwealth records pursuant to an arrangement entered into by the Archives to accept the custody of the records from that person;

                     (d)  where:

                              (i)  the person is carrying out research for the purpose of preparing a work for publication;

                             (ii)  the Minister or a person authorised by the Minister for the purposes of subsection 56(2) of the Act has, for the purposes of this paragraph, approved the work referred to in subparagraph (i) on the ground that the work is likely to make a substantial contribution to the recording and assessment of events in the political, social, economic, cultural, scientific or other development of Australia, particularly as that development relates to the administration or affairs of the Government of the Commonwealth; and

                            (iii)  the Commonwealth records are relevant to the research being so carried out by the person.

10  Discretionary services

                   For the purposes of paragraph 71(e) of the Act, the following discretionary services are prescribed:

                     (a)  the storage, control, access, preservation or disposal of the records of a person other than a Commonwealth institution under an arrangement between the Archives and the person; and

                     (b)  the services set out in column 2 of Schedule 1.

11  Charges

             (1)  Subregulation (2) applies if a person is given access to a record under paragraph 36(2)(b), (c) or (d) of the Act.

             (2)  The Archives may charge the person an amount equal to, or less than, the cost of giving the person access to the record, including the cost of:

                     (a)  film, microfiche, disk or other article given to the person; and

                     (b)  if the person asked for a copy of the record to be posted or delivered—postage or delivery of the copy.

             (3)  Schedule 1 sets out the charges for discretionary services given to a person other than a Commonwealth institution.

             (4)  If a charge for a service mentioned in Schedule 1 is shown as a rate, and the service is given for a period that is or includes part of the period, the charge must be in proportion to the period that the service is given.

             (5)  The charge that is applicable in respect of the provision of a discretionary service by a member of the staff of the Archives under the arrangement referred to in paragraph 10(a) is the amount of remuneration payable to the member for the period during which he or she renders the service plus 160% of that amount.

             (6)  The Director‑General may waive payment of, or reduce the amount of, a charge under these Regulations if:

                     (a)  payment of the charge would cause financial hardship or provision of the service is of a charitable nature; or

                     (b)  the transaction to which the charge relates is isolated in nature and involves a small amount; or

                     (c)  the Director‑General considers it appropriate to do so in the interests of efficiency and effectiveness in the management of government records; or

                     (d)  it is in the interests of the Commonwealth’s standing in international relations, in its relations with a State or Territory or otherwise in the public interest.

             (7)  An application may be made to the Administrative Appeals Tribunal to review a decision under subregulation (6).

             (8)  Despite section 27 of the Administrative Appeals Tribunal Act 1975, a Commonwealth institution may not make an application under subregulation (7).

             (9)  Where the Director‑General:

                     (a)  refuses to waive payment of, or reduce the amount of, a charge under these Regulations; or

                     (b)  reduces the amount of a charge under these regulations;

the Director‑General must give the person liable to pay that charge notice in writing of the decision and of the reasons for the decision.

           (10)  A notice under subregulation (9) must:

                     (a)  include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made by the person to the Administrative Appeals Tribunal for the review of the decision; and

                     (b)  except where subsection 28(4) of that Act applies—include a statement to the effect that the person may request a statement under section 28 of that Act.

           (11)  The validity of a decision referred to in subregulation (10) is not affected by failure to comply with that subregulation.


Schedule 1AAClasses of records to which regulation 7AA does not apply

(regulation 7AA(1))

  

 

Item

Control number

Title or description

1

AWM 91

Printed records

 

2

AWM 92

Private records

 

3

AWM 167

Art collection

 

4

AWM 195

Maps and aerial photographs

 

5

AWM 196

Special collections

 

6

AWM 197

Photographic collection

 

7

AWM 198

Film collection

 

8

AWM 199

Sound recordings

 

Schedule 1ARelevant offices in respect of Commonwealth institutions—delegation by a Minister

(regulation 7A)

  

 

Column 1
Item

Column 2
Commonwealth institution

Column 3
Office

1.

the Australian Secret Intelligence Service

Director‑General

2.

the Australian Security Intelligence Organization

Director‑General

3.

the Office of National Assessments

Director‑General

Schedule 1Charges for discretionary services

(subregulation 11(3))

  

 

Item

Discretionary service

Amount or rate of charge

1

Sentencing records

$291.50 per metre of records

2

Research conducted by a member of the staff of the Archives ancillary to the sentencing of records

$82.50 per hour

3

Transporting records to the Archives

$38.50 per metre of records

4

Making shelf space available for the storage of records

$11.50 per metre of shelf space per year of storage

5

Making shelf space available in an air‑conditioned repository for the storage of records

$19.50 per metre of shelf space per year of storage

6

Making shelf space available in an air‑conditioned vault for the storage of records

$20.50 per metre of shelf space per year of storage

7

Serviced storage of sentenced records

(a) for the first year of storage—$17.00 per metre of records

(b) for each later year of storage—$11.50 per metre of records

8

Serviced storage of unsentenced records

(a) for the first year of storage—$62.50 per metre of records

(b) for each later year of storage—$57.00 per metre of records

9

Serviced storage of records in an air‑conditioned repository

(a) for the first year of storage—$24.00 per metre of records

(b) for each later year of storage—$19.50 per metre of records

10

Serviced storage of records in an air‑conditioned vault

(a) for the first year of storage—$25.50 per metre of records

(b) for each later year of storage—$20.50 per metre of records

11

Supplying archival containers for storage of records

an amount equal to or less than the cost to the Archives in supplying the containers

12

Searching in normal business hours for a record

$7.00

13

Searching outside normal business hours for a record

$82.50 per hour

14

Destroying records

$9.00 per metre of records

15

Bulk withdrawal of records other than for sentencing

$11.00 per metre of records

16

Training course—full day

$405.00 per person

17

Training course—half day

$220.00 per person


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key 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 (or will amend) the compiled law. The information includes commencement details for amending laws and details of any 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 (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Number and year

FRLI registration or gazettal

Commencement

Application, saving and transitional provisions

1984 No. 100

1 June 1984

1 June 1984

 

1984 No. 290

19 Oct 1984

19 Oct 1984

1986 No. 31

21 Mar 1986

21 Mar 1986

1987 No. 235

14 Oct 1987

14 Oct 1987

1988 No. 256

27 Oct 1988

27 Oct 1988

1988 No. 340

21 Dec 1988

21 Dec 1988

1990 No. 184

29 June 1990

1 July 1990

1990 No. 393

6 Dec 1990

6 Dec 1990

1990 No. 403

17 Dec 1990

17 Dec 1990

1991 No. 159

28 June 1991

1 July 1991

1992 No. 312

7 Oct 1992

7 Oct 1992

1995 No. 260

12 Sept 1995

12 Sept 1995

1998 No. 273

1 Sept 1998

1 Sept 1998

 

Name

Registration

Commencement

Application, saving and transitional provisions

Archives Amendment (Charges) Regulations 2017

3 July 2017 (F2017L00866)

4 July 2017 (s 2(1) item 1)

 

Endnote 4—Amendment history

Provision affected

How affected

r 2.............................................

rs 1990 No 184

 

am 1990 No 393; 1998 No 273

r 2A..........................................

ad 1992 No 312

 

rep Act No 118, 2005

r 2B...........................................

ad 1992 No 312

r 2C...........................................

ad 1992 No 312

r 7AA........................................

ad 1990 No 403

r 7A..........................................

ad 1987 No 235

r 8.............................................

am 1986 No 31; 1988 No 256; 1990 No 184

 

rep 1990 No 393

r 9.............................................

ad 1988 No 340

r 10...........................................

ad 1990 No 393

 

am 1998 No 273

r 11...........................................

ad 1990 No 393

 

am 1998 No 273; F2017L00866

Schedule 1AA...........................

ad 1990 No 403

Schedule 1A..............................

ad 1987 No 235

Schedule 1................................

am 1986 No 31; 1988 No 256; 1990 No 184, 1990; No 393; 1991 No 159; 1995 No 260

 

rs 1998 No 273

Schedule 2................................

am 1984 No 290; 1990 No 184

 

rep 1990 No 393