{"id":"C2004A02796","name":"Archives Act 1983","slug":"archives-act-1983","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"79 of 1983","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":25883,"registerId":"commonwealth-C2004A02796-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part Part I","sectionType":"part","heading":"Preliminary","content":"## Part I Preliminary\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"## 1 Short title\n\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"## 2 Commencement\n\n","sortOrder":2},{"sectionNumber":"2A","sectionType":"section","heading":"Objects of this Act","content":"## 2A Objects of this Act\n\n (iii) overseeing Commonwealth record‑keeping, by determining standards and providing advice to Commonwealth institutions; and\n\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"## 3 Interpretation\n\n (a) an authority, body, tribunal or organization, whether incorporated or unincorporated, established for a public purpose:\n (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;\n (f) a body established by or under an enactment within the meaning of the Australian Capital Territory (Self‑Government) Act 1988;\n\n> 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.\n\n> Census information means information transferred to the custody of the Archives under section 8A of the Census and Statistics Act 1905.\n\n (a) the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); or\n\n> 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.\n\n> 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.\n\n (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;\n\n> 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.\n\n> 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.\n\n (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\n (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;\n\n> Independent Review means the Independent Review into the workplaces of Parliamentarians and their staff conducted under the Australian Human Rights Commission Act 1986 by the Sex Discrimination Commissioner (within the meaning of that Act).\n\n (a) a document given to, or received by, the Independent Review, or a person performing functions in relation to the Review, for the purposes of the Review; or\n (b) a document brought into existence by the Independent Review or a person performing functions in relation to the Review.\n\n> material of the Archives means records in the care of the Archives (other than current Commonwealth records relating to the administration of the Archives).\n\n> object does not include a building or other structure or a vessel, aircraft or vehicle, other than a prescribed vessel, aircraft or vehicle.\n\n (a) a document given to, or received by, any of the following bodies in connection with the performance of the body’s functions:\n (c) a document transferred to the Parliamentary Workplace Support Service under item 4 of Schedule 2 to the Parliamentary Workplace Support Service (Consequential Amendments and Transitional Provisions) Act 2023;\n\n> record means a document, or an object, in any form (including any electronic form) that is, or has been, kept by reason of:\n\n> responsible Minister, in relation to a Commonwealth record, means the Minister to whose ministerial responsibilities the record is most closely related.\n\n> Royal Commission means a Commissioner or Commissioners appointed by the Governor‑General in the name of the Sovereign to make inquiry and report upon any matter.\n\n (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:\n (b) the legal basis, origin, development, organization or activities of the Commonwealth or of a Commonwealth institution;\n (e) an international or other organization the membership of which includes, or has included, the Commonwealth or a Commonwealth institution;\n (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;\n (g) material that relates only or principally to the history or government of a State or the Northern Territory or of a Colony that became part of the Commonwealth, not being:\n (h) material, other than Commonwealth records, relating only to a place that has been, but has ceased to be, a Territory; or\n (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:\n (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.\n (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.\n (7) For the purposes of this Act, subject to sections 22A, 22B and 22C, work out when a record is in the open access period in accordance with the following table:\n\n

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.

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.

\n```\n\n (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\n (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);\n\n","sortOrder":4},{"sectionNumber":"3A","sectionType":"section","heading":"A company no longer established for a public purpose","content":"## 3A A company no longer established for a public purpose\n\n 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:\n 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.\n\n","sortOrder":5},{"sectionNumber":"3B","sectionType":"section","heading":"Commonwealth‑controlled companies or associations that are not authorities of the Commonwealth","content":"## 3B Commonwealth‑controlled companies or associations that are not authorities of the Commonwealth\n\n 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.\n\n","sortOrder":6},{"sectionNumber":"3C","sectionType":"section","heading":"Director‑General may determine archival resources of the Commonwealth","content":"## 3C Director‑General may determine archival resources of the Commonwealth\n\n (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.\n\n> 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).\n\n (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)).\n (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).\n\n","sortOrder":7},{"sectionNumber":"4","sectionType":"section","heading":"Extension to Territories","content":"## 4 Extension to Territories\n\n","sortOrder":8},{"sectionNumber":"4A","sectionType":"section","heading":"Application of the Criminal Code","content":"## 4A Application of the Criminal Code\n\n","sortOrder":9},{"sectionNumber":"Part Part II","sectionType":"part","heading":"Establishment, functions and powers of the National Archives of Australia","content":"## Part II Establishment, functions and powers of the National Archives of Australia\n\n","sortOrder":10},{"sectionNumber":"5","sectionType":"section","heading":"Establishment and functions of National Archives of Australia","content":"## 5 Establishment and functions of National Archives of Australia\n\n (1A) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (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\n (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\n (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\n (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\n (k) to conduct research, and provide advice, in relation to the management and preservation of records and other archival material; and\n (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\n (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.\n (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.\n\n","sortOrder":11},{"sectionNumber":"6","sectionType":"section","heading":"Powers of Archives","content":"## 6 Powers of Archives\n\n (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:\n (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;\n (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;\n (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;\n (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;\n (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;\n (j) on request, assist Commonwealth institutions in the training of persons responsible for the keeping of current Commonwealth records;\n (k) train, or assist in the training of, persons, other than persons responsible for the keeping of current Commonwealth records, for work in connection with records and other archival material;\n (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.\n (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.\n\n","sortOrder":12},{"sectionNumber":"6A","sectionType":"section","heading":"Records that are not part of the archival resources of the Commonwealth","content":"## 6A Records that are not part of the archival resources of the Commonwealth\n\n (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.\n (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\n (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.\n\n","sortOrder":13},{"sectionNumber":"Part Part III","sectionType":"part","heading":"The Director‑General and staff of the Archives","content":"## Part III The Director‑General and staff of the Archives\n\n","sortOrder":14},{"sectionNumber":"7","sectionType":"section","heading":"Director‑General","content":"## 7 Director‑General\n\n (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.\n (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.\n (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.\n\n","sortOrder":15},{"sectionNumber":"8","sectionType":"section","heading":"Delegation by Director‑General","content":"## 8 Delegation by Director‑General\n\n (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.\n (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.\n\n","sortOrder":16},{"sectionNumber":"9","sectionType":"section","heading":"Staff","content":"## 9 Staff\n\n","sortOrder":17},{"sectionNumber":"Part Part IV","sectionType":"part","heading":"National Archives of Australia Advisory Council","content":"## Part IV National Archives of Australia Advisory Council\n\n","sortOrder":18},{"sectionNumber":"10","sectionType":"section","heading":"National Archives of Australia Advisory Council","content":"## 10 National Archives of Australia Advisory Council\n\n (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.\n (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.\n (5) A member chosen by either House of the Parliament or appointed by the Minister is eligible for further choice or re‑appointment.\n (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.\n\n","sortOrder":19},{"sectionNumber":"11","sectionType":"section","heading":"Functions of Council","content":"## 11 Functions of Council\n\n (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.\n (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.\n\n","sortOrder":20},{"sectionNumber":"12","sectionType":"section","heading":"Chair and Deputy Chair of Council","content":"## 12 Chair and Deputy Chair of Council\n\n","sortOrder":21},{"sectionNumber":"13","sectionType":"section","heading":"Deputies of members","content":"## 13 Deputies of members\n\n (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.\n (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.\n\n","sortOrder":22},{"sectionNumber":"14","sectionType":"section","heading":"Remuneration and allowances of members","content":"## 14 Remuneration and allowances of members\n\n (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.\n (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.\n (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.\n\n","sortOrder":23},{"sectionNumber":"15","sectionType":"section","heading":"Termination of office of member","content":"## 15 Termination of office of member\n\n (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.\n (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.\n (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.\n (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.\n\n","sortOrder":24},{"sectionNumber":"16","sectionType":"section","heading":"Resignation of member","content":"## 16 Resignation of member\n\n (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.\n (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.\n (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.\n\n","sortOrder":25},{"sectionNumber":"17","sectionType":"section","heading":"Meetings of the Council","content":"## 17 Meetings of the Council\n\n (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.\n (4) At a meeting of the Council a majority of the members of the Council for the time being holding office constitute a quorum.\n (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.\n (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.\n (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.\n (9) Questions arising at a meeting of the Council shall be determined by a majority of the votes of the members present and voting.\n (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.\n (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.\n\n","sortOrder":26},{"sectionNumber":"Part Part V","sectionType":"part","heading":"Commonwealth records","content":"## Part V Commonwealth records\n\n (iii) overseeing Commonwealth record‑keeping, by determining standards and providing advice to Commonwealth institutions; and\n\n (a) an authority, body, tribunal or organization, whether incorporated or unincorporated, established for a public purpose:\n (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;\n (f) a body established by or under an enactment within the meaning of the Australian Capital Territory (Self‑Government) Act 1988;\n\n> 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.\n\n> Census information means information transferred to the custody of the Archives under section 8A of the Census and Statistics Act 1905.\n\n (a) the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); or\n\n> 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.\n\n> 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.\n\n (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;\n\n> 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.\n\n> 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.\n\n (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\n (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;\n\n> Independent Review means the Independent Review into the workplaces of Parliamentarians and their staff conducted under the Australian Human Rights Commission Act 1986 by the Sex Discrimination Commissioner (within the meaning of that Act).\n\n (a) a document given to, or received by, the Independent Review, or a person performing functions in relation to the Review, for the purposes of the Review; or\n (b) a document brought into existence by the Independent Review or a person performing functions in relation to the Review.\n\n> material of the Archives means records in the care of the Archives (other than current Commonwealth records relating to the administration of the Archives).\n\n> object does not include a building or other structure or a vessel, aircraft or vehicle, other than a prescribed vessel, aircraft or vehicle.\n\n (a) a document given to, or received by, any of the following bodies in connection with the performance of the body’s functions:\n (c) a document transferred to the Parliamentary Workplace Support Service under item 4 of Schedule 2 to the Parliamentary Workplace Support Service (Consequential Amendments and Transitional Provisions) Act 2023;\n\n> record means a document, or an object, in any form (including any electronic form) that is, or has been, kept by reason of:\n\n> responsible Minister, in relation to a Commonwealth record, means the Minister to whose ministerial responsibilities the record is most closely related.\n\n> Royal Commission means a Commissioner or Commissioners appointed by the Governor‑General in the name of the Sovereign to make inquiry and report upon any matter.\n\n (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:\n (b) the legal basis, origin, development, organization or activities of the Commonwealth or of a Commonwealth institution;\n (e) an international or other organization the membership of which includes, or has included, the Commonwealth or a Commonwealth institution;\n (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;\n (g) material that relates only or principally to the history or government of a State or the Northern Territory or of a Colony that became part of the Commonwealth, not being:\n (h) material, other than Commonwealth records, relating only to a place that has been, but has ceased to be, a Territory; or\n (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:\n (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.\n (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.\n (7) For the purposes of this Act, subject to sections 22A, 22B and 22C, work out when a record is in the open access period in accordance with the following table:\n\n

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.

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.

\n```\n\n (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\n (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);\n\n 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:\n 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.\n\n 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.\n\n (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.\n\n> 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).\n\n (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)).\n (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).\n\n (1A) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (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\n (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\n (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\n (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\n (k) to conduct research, and provide advice, in relation to the management and preservation of records and other archival material; and\n (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\n (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.\n (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.\n\n (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:\n (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;\n (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;\n (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;\n (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;\n (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;\n (j) on request, assist Commonwealth institutions in the training of persons responsible for the keeping of current Commonwealth records;\n (k) train, or assist in the training of, persons, other than persons responsible for the keeping of current Commonwealth records, for work in connection with records and other archival material;\n (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.\n (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.\n\n (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.\n (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\n (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.\n\n (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.\n (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.\n (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.\n\n (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.\n (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.\n\n (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.\n (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.\n (5) A member chosen by either House of the Parliament or appointed by the Minister is eligible for further choice or re‑appointment.\n (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.\n\n (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.\n (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.\n\n (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.\n (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.\n\n (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.\n (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.\n (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.\n\n (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.\n (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.\n (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.\n (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.\n\n (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.\n (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.\n (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.\n\n (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.\n (4) At a meeting of the Council a majority of the members of the Council for the time being holding office constitute a quorum.\n (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.\n (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.\n (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.\n (9) Questions arising at a meeting of the Council shall be determined by a majority of the votes of the members present and voting.\n (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.\n (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.\n\n 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.\n\n (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.\n (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.\n\n (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.\n (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:\n (a) in the case of records in the possession of the Senate or of the Department of the Senate—the President of the Senate;\n (b) in the case of records in the possession of the House of Representatives or of the Department of the House of Representatives—the Speaker of the House of Representatives; or\n (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;\n (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.\n\n (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.\n (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.\n\n (a) the records kept by a Royal Commission, whether the inquiry commenced or was completed before or after the commencement of this Part; and\n (2) The Commonwealth is entitled to the possession of records kept by a Royal Commission, or by a Commission of inquiry, that are no 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.\n (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.\n (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.\n (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\n (b) the Agriculture Minister (within the meaning of the Biosecurity Act 2015) is taken to be the responsible Minister in relation to the records of the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); and\n (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.\n (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.\n\n (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:\n\n

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.

\n```\n\n> 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)).\n\n (1) For the purposes of this Act, a record containing Census information from a particular Census is in the open access period for that Census if a period of 99 years has elapsed since the Census day for that Census.\n\n> 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.\n\n (1) For the purposes of this Act, a record that is an Independent Review document or a PWSS document is in the open access period on and after 1 January in the year that is 99 years after the calendar year that the record came into existence.\n (2) Subsection (1) applies in relation to an Independent Review document, whether the Independent Review commenced before or after the commencement of this section.\n (2A) Subsection (1) applies in relation to a PWSS document, whether the document is brought into existence before, on or after the commencement of this subsection.\n\n 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:\n (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 or another country; or\n (b) for the purpose of an agreement between the Commonwealth and any State or States, the Australian Capital Territory, the Northern Territory or another country;\n\n (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.\n\n (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\n (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.\n (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.\n (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.\n (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.\n\n (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;\n (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\n (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.\n (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.\n\n> Note: In certain circumstances a Commonwealth institution or Minister can exempt a record from this section (see section 29).\n\n (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.\n (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\n\n 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.\n\n> Note: In certain circumstances a Commonwealth institution or Minister can exempt a record from this section (see section 29).\n\n 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:\n (a) the records of the company or association that were in existence prior to that day continue to be Commonwealth records; and\n (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.\n\n (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 Commonwealth institution or relating to the functions of the Commonwealth institution, is:\n (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;\n 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.\n (2) Notwithstanding subsection (1), the responsible Minister may determine that a Commonwealth record, or each record in a class of Commonwealth records, is:\n (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;\n 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.\n (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.\n\n> 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.\n\n (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;\n 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.\n (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.\n (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:\n (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) or subsection 33(4A) or (4C); and\n (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:\n (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) or subsection 33(4A) or (4C); and\n (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:\n (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:\n\n (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:\n\n> 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.\n\n (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.\n\n (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).\n\n> Note: Section 122.4 of the Criminal Code creates an offence in relation to the disclosure of information by Commonwealth officers.\n\n (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:\n\n> 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.\n\n (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.\n\n> 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.\n\n (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\n (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.\n\n (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.\n (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.\n\n (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:\n (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;\n (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\n (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;\n (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;\n (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\n (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\n (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);\n (h) information or matter relating to trade secrets, or any other information or matter having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information or matter were disclosed;\n (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.\n (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:\n (a) a person who is providing, or has provided, confidential information to the Australian Crime Commission in relation to such a matter; or\n (b) a person who is providing, or has provided, confidential information to the Australian Federal Police in relation to such a matter; or\n (ba) a person who is providing, or has provided, confidential information to the Inspector of the National Anti‑Corruption Commission, or the National Anti‑Corruption Commissioner or another staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022), in relation to such a matter; or\n (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.\n (i) that relates to the personal affairs, or the business or professional affairs, of any person (including a deceased person); or\n (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.\n (ii) from which the identity of a person referred to in subparagraph (i) could reasonably be inferred, or that could reasonably lead to the identity of such a person being established; and\n (b) the information or matter has not been made public by means of broadcasting or reporting proceedings of the Parliament as authorised by the Parliament;\n unless the Minister administering section 92 of the Australian Security Intelligence Organisation Act 1979 or the Director‑General of Security has consented in writing to the information or matter being made public.\n (a) the consent of the Minister administering section 92 of the Australian Security Intelligence Organisation Act 1979 or the Director‑General of Security has been given in relation to information or a matter for the purposes of that section (before, on or after the commencement of this subsection); and\n (b) that information or matter is substantially the same as the information or matter referred to in subsection (4A) of this section;\n the consent referred to in paragraph (a) of this subsection is taken also to be consent given for the purposes of subsection (4A).\n (i) that identifies a person as being, or having been, a staff member of the Australian Secret Intelligence Service (ASIS) (within the meaning of the Intelligence Services Act 2001) or an agent of ASIS; or\n (ii) from which the identity of a person referred to in subparagraph (i) could reasonably be inferred, or that could reasonably lead to the identity of such a person being established; and\n (b) the information or matter has not been made public by means of broadcasting or reporting proceedings of the Parliament as authorised by the Parliament;\n unless the responsible Minister for ASIS (within the meaning of the Intelligence Services Act 2001) or the Director‑General of ASIS has consented in writing to the information or matter being made public.\n (a) the consent of the responsible Minister for ASIS (within the meaning of the Intelligence Services Act 2001) or the Director‑General of ASIS has been given in relation to information for the purposes of section 41 of that Act (before, on or after the commencement of this subsection); and\n the consent referred to in paragraph (a) of this subsection is taken also to be consent given for the purposes of subsection (4C).\n (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.\n\n> Note: A reference to a Minister mentioned in this section may include a reference to a person acting as that Minister (see subsection 19(4) of the Acts Interpretation Act 1901).\n\n (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.\n (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.\n (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.\n (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.\n (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.\n\n (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.\n (b) on payment of a charge determined in accordance with the regulations, provision to the person of a copy of the record;\n (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;\n (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 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.\n (3) Subject to subsection (4), where a person has applied for access in a particular form, access shall be given in that form.\n (a) would interfere unreasonably with the operations of the Archives or of another Commonwealth institution that has the custody of the record;\n (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;\n (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.\n\n (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.\n (2) Where a record is withheld in accordance with subsection (1), a copy shall be provided where, in the opinion of the Director‑General, it is practicable to do so without detriment to the proper preservation or safe custody of the record.\n\n 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.\n\n (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) or subsection 33(4A) or (4C).\n (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:\n (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) or subsection 33(4A) or (4C), as the case may be.\n\n (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:\n (c) specifying an address in Australia at which notices under this Act may be sent to the person making the application; and\n (d) providing such particulars, if any, concerning the record to which it relates as are contained in any index or guide published by the Archives.\n\n> Note: A determination under section 40B (applications made by persons acting in concert etc.) may have the effect that the application is taken to have been made by someone other than the person who actually made it.\n\n (2) The Archives shall give all reasonable assistance to persons to enable them to make applications complying with paragraph (1)(d).\n (3) The Archives must take all reasonable steps to notify the applicant of a decision on an application to which this section applies:\n (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:\n (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;\n (b) where the decision is a decision of the Archives—state the name and designation of the person making the decision; and\n (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).\n (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.\n 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.\n (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 end of the consideration period for the application under section 40A), an application to the Tribunal under section 43 of this Act by virtue of subsection (8) 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.\n (10) Where such a complaint is made before the end of the consideration period for the application under section 40A, the Ombudsman, after having investigated the complaint, may, if he or she is of the opinion that 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.\n (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.\n (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.\n\n (1) The consideration period for an application to which section 40 applies is the period starting on the day after the application is received by the Archives and ending:\n (b) if the initial period is extended on one or more occasions under this section—at the end of the initial period as so extended.\n (2) The Director‑General may, with the applicant’s written agreement and before the end of the consideration period, by written notice given to the applicant extend the application’s initial period (including that period as previously extended under this section) by a specified number of business days.\n (3) If the Director‑General requests the applicant to enter into an agreement for the purposes of subsection (2), the Director‑General must inform the applicant that he or she is not obliged to comply with the request.\n (4) The Director‑General may, before the end of the consideration period, by written notice given to the applicant extend the application’s initial period (including that period as previously extended under this section) by a specified number of business days, if the Director‑General reasonably believes that:\n (b) the number of items that describe the records covered by those one or more applications exceeds the following number:\n (5) For the purposes of paragraph (4)(b), an item is the smallest discrete unit used by the Archives to describe a record in a series for purposes related to the care, management or retrieval of the record.\n\n (6) A particular extension under subsection (4) must not have the effect that an application’s initial period is extended under that subsection by more than the number of business days worked out using the following formula (rounding up to the nearest whole number):\n ![Start formula Unextended initial period times start fraction Items requested over Application cap end fraction end formula](image.002.png)\n\n> items requested means the number of items that the Director‑General reasonably believes describe the records covered by the one or more applications mentioned in paragraph (4)(b) in relation to the extension.\n\n> unextended initial period means the number of business days in the initial period under subparagraph (1)(a)(i) or (ii), disregarding any extensions under this section.\n\n (7) The Director‑General may vary or revoke an extension under subsection (4) by written notice given to the applicant before the end of the period of the extension. This subsection does not limit subsection 33(3) of the Acts Interpretation Act 1901.\n (8) For the purposes of applying subsection (6) in relation to an extension that is varied under subsection (7), the number of items mentioned in paragraph (4)(b) is to be determined on the basis of applications made by the applicant as at the time of the variation.\n (9) The Director‑General must take into account the matters (if any) prescribed by the regulations for the purposes of this subsection in:\n\n (1) The Director‑General may, by writing, determine that an application to which section 40 applies that was made by a person (the first person) is taken for the purposes of this Act to have been made by another person if the Director‑General reasonably suspects that the first person:\n in accordance with the directions, instructions or wishes of, or in concert with, the other person in relation to the making of such applications.\n (3) The Director‑General must give written notice of the determination to both of the persons mentioned in subsection (1).\n\n (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.\n (a) reconsider the decision and for that purpose arrange for any necessary review under section 35 of a determination under that section; and\n (b) give notice to the applicant of the decision on the reconsideration as soon as practicable, and within 30 business days, after the day the application for the reconsideration is received by the Archives (whether or not that decision confirms the previous decision).\n (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.\n (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.\n\n (1) Subject to this section, an application may be made to the Administrative Review Tribunal for a review of a decision of the Archives in respect of access to a record, being:\n (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;\n (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;\n (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;\n (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;\n (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\n (f) a decision refusing to allow a further period for making an application under subsection 42(1) for a reconsideration of a decision.\n (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.\n and such an application to the Tribunal may be treated by the Tribunal as having been made within the time allowed by subsection (4) if it appears to the Tribunal that there was no unreasonable delay in making the application to the Tribunal.\n (4) Notwithstanding section 18 of the Administrative Review Tribunal Act 2024, 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:\n (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;\n (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\n (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.\n (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.\n (6) Section 268 of the Administrative Review Tribunal Act 2024 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.\n (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 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.\n\n (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.\n (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.\n (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.\n (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.\n\n For the purposes of this Part and of the application of the Administrative Review Tribunal Act 2024 in respect of proceedings under this Part, a decision given by the Archives is taken to have been given by the Director‑General.\n\n (1) This section applies in a proceeding before the Tribunal in relation to review of a decision of the Archives in respect of access to a record that:\n (a) 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\n (i) the performance of the functions or duties, or the exercise of the powers, of a body mentioned in paragraph (a) of the definition of intelligence agency in subsection 3(1) of the Inspector‑General of Intelligence and Security Act 1986; or\n (ii) the performance of an intelligence function (within the meaning of that Act) of a body mentioned in paragraph (b) of that definition; and\n (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:\n (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\n (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:\n (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);\n (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 Tribunal must request the Inspector‑General to appear personally and give evidence on:\n (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\n (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:\n (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);\n (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:\n (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.\n (a) the Tribunal must allow the Inspector‑General to take possession of, and make copies of or take extracts from, any record given to the Tribunal for the purposes of the proceeding; and\n (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\n (c) the Inspector‑General may require the production of any Commonwealth record that relates to the record mentioned in paragraph (b); and\n (d) the Inspector‑General may make copies of, or take extracts, from the records mentioned in paragraphs (b) and (c); and\n (e) after such period as is reasonably necessary for the purposes of giving evidence to the Tribunal, the Inspector‑General must:\n (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.\n (8) The Tribunal is not bound by any opinion of the Inspector‑General expressed while giving evidence under this section.\n (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:\n (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.\n\n (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\n\n (1) In determining whether the Tribunal is satisfied that it is desirable to make an order or orders under subsection 69(3) or 70(1) or (2) of the Administrative Review Tribunal Act 2024 for the purposes of proceedings in relation to an application under section 43, the Tribunal must have regard to:\n (a) 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\n (b) the necessity of avoiding the disclosure to the applicant of information of the kind referred to in subsection 39(1).\n (a) the Tribunal shall not, in its decision, or reasons for a decision, in a matter arising under this Act, include any matter or information of a kind referred to in paragraph (1)(a) or (b); and\n (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) or (b).\n\n (1) Sections 23, 25 and 26 of the Administrative Review Tribunal Act 2024 do 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.\n (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:\n (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\n (1B) If the Tribunal is satisfied as mentioned in subsection (1A), section 27 of the Administrative Review Tribunal Act 2024 does not apply in relation to the document.\n (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:\n (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\n (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 187 of the Administrative Review Tribunal Act 2024, 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.\n (6) Subsection (5) does not prevent the Federal Court of Australia from causing the document concerned to be sent to the Federal Circuit and Family Court of Australia (Division 2) as mentioned in subsection 187(2) of the Administrative Review Tribunal Act 2024.\n (7) If a document produced in accordance with subsection (1) or (2) is sent to the Federal Circuit and Family Court of Australia (Division 2) as mentioned in subsection 187(2) of the Administrative Review Tribunal Act 2024, the Federal Circuit and Family Court of Australia (Division 2) 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:\n (a) the Judge who constitutes the Federal Circuit and Family Court of Australia (Division 2) for the purposes of the proceeding before the Federal Circuit and Family Court of Australia (Division 2); or\n (b) a member of the staff of the Federal Circuit and Family Court of Australia (Division 2) in the course of the performance of his or her duties as a member of that staff.\n\n (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.\n (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.\n (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.\n (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.\n (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.\n\n (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\n (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.\n (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:\n (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 and Family Court of Australia (Division 2), the stay continues to have effect until the earlier of:\n (a) the time at which the decision of the Federal Circuit and Family Court of Australia (Division 2) on the appeal takes effect; and\n (a) prevents a person making from an application under section 123 of the Administrative Review Tribunal Act 2024 for the decision of the Tribunal to be referred to the guidance and appeals panel; or\n (b) affects the power of the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2) to make orders under section 178 of the Administrative Review Tribunal Act 2024 in relation to matters other than staying the decision of the Tribunal.\n\n (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.\n (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.\n\n (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.\n (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:\n (a) each request for access to a document under subsection (2) that is made during the period to which the statement relates; and\n\n (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:\n (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;\n (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\n (c) a person concerned in the authorizing or giving of the access does not commit a criminal offence by reason only of the authorizing or giving of the access.\n 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.\n (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.\n\n 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.\n\n 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.\n\n 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.\n\n (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.\n (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.\n (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.\n (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.\n (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.\n\n (1) Subject to this Part, material of the Archives shall be kept at such places as the Director‑General considers appropriate.\n (2) In considering the places at which material of the Archives should be kept, the Director‑General shall take into account:\n (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.\n (3) Copies of records forming part of the material of the Archives may be kept in such places as the Director‑General considers appropriate.\n\n (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.\n (c) enable the Archives to meet its obligations under subsections 29(3), 30(1) and 31(1) in respect of that material; and\n (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.\n\n (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.\n\n (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.\n (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.\n\n (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.\n (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.\n\n the Archives may make a charge for the service of an amount, or at a rate, determined in writing by the Director‑General.\n\n (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.\n (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.\n (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.\n\n 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:\n\n","sortOrder":27},{"sectionNumber":"Div Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\n (iii) overseeing Commonwealth record‑keeping, by determining standards and providing advice to Commonwealth institutions; and\n\n (a) an authority, body, tribunal or organization, whether incorporated or unincorporated, established for a public purpose:\n (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;\n (f) a body established by or under an enactment within the meaning of the Australian Capital Territory (Self‑Government) Act 1988;\n\n> 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.\n\n> Census information means information transferred to the custody of the Archives under section 8A of the Census and Statistics Act 1905.\n\n (a) the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); or\n\n> 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.\n\n> 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.\n\n (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;\n\n> 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.\n\n> 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.\n\n (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\n (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;\n\n> Independent Review means the Independent Review into the workplaces of Parliamentarians and their staff conducted under the Australian Human Rights Commission Act 1986 by the Sex Discrimination Commissioner (within the meaning of that Act).\n\n (a) a document given to, or received by, the Independent Review, or a person performing functions in relation to the Review, for the purposes of the Review; or\n (b) a document brought into existence by the Independent Review or a person performing functions in relation to the Review.\n\n> material of the Archives means records in the care of the Archives (other than current Commonwealth records relating to the administration of the Archives).\n\n> object does not include a building or other structure or a vessel, aircraft or vehicle, other than a prescribed vessel, aircraft or vehicle.\n\n (a) a document given to, or received by, any of the following bodies in connection with the performance of the body’s functions:\n (c) a document transferred to the Parliamentary Workplace Support Service under item 4 of Schedule 2 to the Parliamentary Workplace Support Service (Consequential Amendments and Transitional Provisions) Act 2023;\n\n> record means a document, or an object, in any form (including any electronic form) that is, or has been, kept by reason of:\n\n> responsible Minister, in relation to a Commonwealth record, means the Minister to whose ministerial responsibilities the record is most closely related.\n\n> Royal Commission means a Commissioner or Commissioners appointed by the Governor‑General in the name of the Sovereign to make inquiry and report upon any matter.\n\n (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:\n (b) the legal basis, origin, development, organization or activities of the Commonwealth or of a Commonwealth institution;\n (e) an international or other organization the membership of which includes, or has included, the Commonwealth or a Commonwealth institution;\n (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;\n (g) material that relates only or principally to the history or government of a State or the Northern Territory or of a Colony that became part of the Commonwealth, not being:\n (h) material, other than Commonwealth records, relating only to a place that has been, but has ceased to be, a Territory; or\n (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:\n (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.\n (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.\n (7) For the purposes of this Act, subject to sections 22A, 22B and 22C, work out when a record is in the open access period in accordance with the following table:\n\n

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.

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.

\n```\n\n (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\n (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);\n\n 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:\n 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.\n\n 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.\n\n (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.\n\n> 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).\n\n (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)).\n (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).\n\n (1A) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (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\n (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\n (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\n (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\n (k) to conduct research, and provide advice, in relation to the management and preservation of records and other archival material; and\n (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\n (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.\n (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.\n\n (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:\n (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;\n (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;\n (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;\n (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;\n (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;\n (j) on request, assist Commonwealth institutions in the training of persons responsible for the keeping of current Commonwealth records;\n (k) train, or assist in the training of, persons, other than persons responsible for the keeping of current Commonwealth records, for work in connection with records and other archival material;\n (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.\n (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.\n\n (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.\n (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\n (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.\n\n (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.\n (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.\n (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.\n\n (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.\n (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.\n\n (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.\n (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.\n (5) A member chosen by either House of the Parliament or appointed by the Minister is eligible for further choice or re‑appointment.\n (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.\n\n (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.\n (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.\n\n (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.\n (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.\n\n (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.\n (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.\n (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.\n\n (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.\n (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.\n (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.\n (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.\n\n (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.\n (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.\n (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.\n\n (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.\n (4) At a meeting of the Council a majority of the members of the Council for the time being holding office constitute a quorum.\n (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.\n (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.\n (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.\n (9) Questions arising at a meeting of the Council shall be determined by a majority of the votes of the members present and voting.\n (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.\n (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.\n\n 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.\n\n (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.\n (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.\n\n (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.\n (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:\n (a) in the case of records in the possession of the Senate or of the Department of the Senate—the President of the Senate;\n (b) in the case of records in the possession of the House of Representatives or of the Department of the House of Representatives—the Speaker of the House of Representatives; or\n (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;\n (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.\n\n (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.\n (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.\n\n (a) the records kept by a Royal Commission, whether the inquiry commenced or was completed before or after the commencement of this Part; and\n (2) The Commonwealth is entitled to the possession of records kept by a Royal Commission, or by a Commission of inquiry, that are no 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.\n (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.\n (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.\n (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\n (b) the Agriculture Minister (within the meaning of the Biosecurity Act 2015) is taken to be the responsible Minister in relation to the records of the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); and\n (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.\n (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.\n\n (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:\n\n

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.

\n```\n\n> 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)).\n\n (1) For the purposes of this Act, a record containing Census information from a particular Census is in the open access period for that Census if a period of 99 years has elapsed since the Census day for that Census.\n\n> 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.\n\n (1) For the purposes of this Act, a record that is an Independent Review document or a PWSS document is in the open access period on and after 1 January in the year that is 99 years after the calendar year that the record came into existence.\n (2) Subsection (1) applies in relation to an Independent Review document, whether the Independent Review commenced before or after the commencement of this section.\n (2A) Subsection (1) applies in relation to a PWSS document, whether the document is brought into existence before, on or after the commencement of this subsection.\n\n 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:\n (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 or another country; or\n (b) for the purpose of an agreement between the Commonwealth and any State or States, the Australian Capital Territory, the Northern Territory or another country;\n\n (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.\n\n (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\n (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.\n (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.\n (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.\n (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.\n\n (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;\n (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\n (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.\n (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.\n\n> Note: In certain circumstances a Commonwealth institution or Minister can exempt a record from this section (see section 29).\n\n (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.\n (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\n\n 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.\n\n> Note: In certain circumstances a Commonwealth institution or Minister can exempt a record from this section (see section 29).\n\n 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:\n (a) the records of the company or association that were in existence prior to that day continue to be Commonwealth records; and\n (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.\n\n (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 Commonwealth institution or relating to the functions of the Commonwealth institution, is:\n (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;\n 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.\n (2) Notwithstanding subsection (1), the responsible Minister may determine that a Commonwealth record, or each record in a class of Commonwealth records, is:\n (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;\n 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.\n (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.\n\n> 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.\n\n (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;\n 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.\n (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.\n (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:\n (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) or subsection 33(4A) or (4C); and\n (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:\n (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) or subsection 33(4A) or (4C); and\n (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:\n (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:\n\n (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:\n\n> 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.\n\n (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.\n\n (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).\n\n> Note: Section 122.4 of the Criminal Code creates an offence in relation to the disclosure of information by Commonwealth officers.\n\n (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:\n\n> 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.\n\n (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.\n\n> 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.\n\n (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\n (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.\n\n (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.\n (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.\n\n (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:\n (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;\n (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\n (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;\n (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;\n (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\n (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\n (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);\n (h) information or matter relating to trade secrets, or any other information or matter having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information or matter were disclosed;\n (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.\n (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:\n (a) a person who is providing, or has provided, confidential information to the Australian Crime Commission in relation to such a matter; or\n (b) a person who is providing, or has provided, confidential information to the Australian Federal Police in relation to such a matter; or\n (ba) a person who is providing, or has provided, confidential information to the Inspector of the National Anti‑Corruption Commission, or the National Anti‑Corruption Commissioner or another staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022), in relation to such a matter; or\n (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.\n (i) that relates to the personal affairs, or the business or professional affairs, of any person (including a deceased person); or\n (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.\n (ii) from which the identity of a person referred to in subparagraph (i) could reasonably be inferred, or that could reasonably lead to the identity of such a person being established; and\n (b) the information or matter has not been made public by means of broadcasting or reporting proceedings of the Parliament as authorised by the Parliament;\n unless the Minister administering section 92 of the Australian Security Intelligence Organisation Act 1979 or the Director‑General of Security has consented in writing to the information or matter being made public.\n (a) the consent of the Minister administering section 92 of the Australian Security Intelligence Organisation Act 1979 or the Director‑General of Security has been given in relation to information or a matter for the purposes of that section (before, on or after the commencement of this subsection); and\n (b) that information or matter is substantially the same as the information or matter referred to in subsection (4A) of this section;\n the consent referred to in paragraph (a) of this subsection is taken also to be consent given for the purposes of subsection (4A).\n (i) that identifies a person as being, or having been, a staff member of the Australian Secret Intelligence Service (ASIS) (within the meaning of the Intelligence Services Act 2001) or an agent of ASIS; or\n (ii) from which the identity of a person referred to in subparagraph (i) could reasonably be inferred, or that could reasonably lead to the identity of such a person being established; and\n (b) the information or matter has not been made public by means of broadcasting or reporting proceedings of the Parliament as authorised by the Parliament;\n unless the responsible Minister for ASIS (within the meaning of the Intelligence Services Act 2001) or the Director‑General of ASIS has consented in writing to the information or matter being made public.\n (a) the consent of the responsible Minister for ASIS (within the meaning of the Intelligence Services Act 2001) or the Director‑General of ASIS has been given in relation to information for the purposes of section 41 of that Act (before, on or after the commencement of this subsection); and\n the consent referred to in paragraph (a) of this subsection is taken also to be consent given for the purposes of subsection (4C).\n (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.\n\n> Note: A reference to a Minister mentioned in this section may include a reference to a person acting as that Minister (see subsection 19(4) of the Acts Interpretation Act 1901).\n\n (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.\n (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.\n (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.\n (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.\n (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.\n\n (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.\n (b) on payment of a charge determined in accordance with the regulations, provision to the person of a copy of the record;\n (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;\n (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 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.\n (3) Subject to subsection (4), where a person has applied for access in a particular form, access shall be given in that form.\n (a) would interfere unreasonably with the operations of the Archives or of another Commonwealth institution that has the custody of the record;\n (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;\n (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.\n\n (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.\n (2) Where a record is withheld in accordance with subsection (1), a copy shall be provided where, in the opinion of the Director‑General, it is practicable to do so without detriment to the proper preservation or safe custody of the record.\n\n 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.\n\n (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) or subsection 33(4A) or (4C).\n (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:\n (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) or subsection 33(4A) or (4C), as the case may be.\n\n (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:\n (c) specifying an address in Australia at which notices under this Act may be sent to the person making the application; and\n (d) providing such particulars, if any, concerning the record to which it relates as are contained in any index or guide published by the Archives.\n\n> Note: A determination under section 40B (applications made by persons acting in concert etc.) may have the effect that the application is taken to have been made by someone other than the person who actually made it.\n\n (2) The Archives shall give all reasonable assistance to persons to enable them to make applications complying with paragraph (1)(d).\n (3) The Archives must take all reasonable steps to notify the applicant of a decision on an application to which this section applies:\n (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:\n (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;\n (b) where the decision is a decision of the Archives—state the name and designation of the person making the decision; and\n (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).\n (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.\n 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.\n (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 end of the consideration period for the application under section 40A), an application to the Tribunal under section 43 of this Act by virtue of subsection (8) 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.\n (10) Where such a complaint is made before the end of the consideration period for the application under section 40A, the Ombudsman, after having investigated the complaint, may, if he or she is of the opinion that 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.\n (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.\n (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.\n\n (1) The consideration period for an application to which section 40 applies is the period starting on the day after the application is received by the Archives and ending:\n (b) if the initial period is extended on one or more occasions under this section—at the end of the initial period as so extended.\n (2) The Director‑General may, with the applicant’s written agreement and before the end of the consideration period, by written notice given to the applicant extend the application’s initial period (including that period as previously extended under this section) by a specified number of business days.\n (3) If the Director‑General requests the applicant to enter into an agreement for the purposes of subsection (2), the Director‑General must inform the applicant that he or she is not obliged to comply with the request.\n (4) The Director‑General may, before the end of the consideration period, by written notice given to the applicant extend the application’s initial period (including that period as previously extended under this section) by a specified number of business days, if the Director‑General reasonably believes that:\n (b) the number of items that describe the records covered by those one or more applications exceeds the following number:\n (5) For the purposes of paragraph (4)(b), an item is the smallest discrete unit used by the Archives to describe a record in a series for purposes related to the care, management or retrieval of the record.\n\n (6) A particular extension under subsection (4) must not have the effect that an application’s initial period is extended under that subsection by more than the number of business days worked out using the following formula (rounding up to the nearest whole number):\n ![Start formula Unextended initial period times start fraction Items requested over Application cap end fraction end formula](image.002.png)\n\n> items requested means the number of items that the Director‑General reasonably believes describe the records covered by the one or more applications mentioned in paragraph (4)(b) in relation to the extension.\n\n> unextended initial period means the number of business days in the initial period under subparagraph (1)(a)(i) or (ii), disregarding any extensions under this section.\n\n (7) The Director‑General may vary or revoke an extension under subsection (4) by written notice given to the applicant before the end of the period of the extension. This subsection does not limit subsection 33(3) of the Acts Interpretation Act 1901.\n (8) For the purposes of applying subsection (6) in relation to an extension that is varied under subsection (7), the number of items mentioned in paragraph (4)(b) is to be determined on the basis of applications made by the applicant as at the time of the variation.\n (9) The Director‑General must take into account the matters (if any) prescribed by the regulations for the purposes of this subsection in:\n\n (1) The Director‑General may, by writing, determine that an application to which section 40 applies that was made by a person (the first person) is taken for the purposes of this Act to have been made by another person if the Director‑General reasonably suspects that the first person:\n in accordance with the directions, instructions or wishes of, or in concert with, the other person in relation to the making of such applications.\n (3) The Director‑General must give written notice of the determination to both of the persons mentioned in subsection (1).\n\n (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.\n (a) reconsider the decision and for that purpose arrange for any necessary review under section 35 of a determination under that section; and\n (b) give notice to the applicant of the decision on the reconsideration as soon as practicable, and within 30 business days, after the day the application for the reconsideration is received by the Archives (whether or not that decision confirms the previous decision).\n (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.\n (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.\n\n (1) Subject to this section, an application may be made to the Administrative Review Tribunal for a review of a decision of the Archives in respect of access to a record, being:\n (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;\n (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;\n (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;\n (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;\n (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\n (f) a decision refusing to allow a further period for making an application under subsection 42(1) for a reconsideration of a decision.\n (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.\n and such an application to the Tribunal may be treated by the Tribunal as having been made within the time allowed by subsection (4) if it appears to the Tribunal that there was no unreasonable delay in making the application to the Tribunal.\n (4) Notwithstanding section 18 of the Administrative Review Tribunal Act 2024, 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:\n (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;\n (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\n (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.\n (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.\n (6) Section 268 of the Administrative Review Tribunal Act 2024 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.\n (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 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.\n\n (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.\n (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.\n (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.\n (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.\n\n For the purposes of this Part and of the application of the Administrative Review Tribunal Act 2024 in respect of proceedings under this Part, a decision given by the Archives is taken to have been given by the Director‑General.\n\n (1) This section applies in a proceeding before the Tribunal in relation to review of a decision of the Archives in respect of access to a record that:\n (a) 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\n (i) the performance of the functions or duties, or the exercise of the powers, of a body mentioned in paragraph (a) of the definition of intelligence agency in subsection 3(1) of the Inspector‑General of Intelligence and Security Act 1986; or\n (ii) the performance of an intelligence function (within the meaning of that Act) of a body mentioned in paragraph (b) of that definition; and\n (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:\n (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\n (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:\n (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);\n (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 Tribunal must request the Inspector‑General to appear personally and give evidence on:\n (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\n (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:\n (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);\n (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:\n (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.\n (a) the Tribunal must allow the Inspector‑General to take possession of, and make copies of or take extracts from, any record given to the Tribunal for the purposes of the proceeding; and\n (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\n (c) the Inspector‑General may require the production of any Commonwealth record that relates to the record mentioned in paragraph (b); and\n (d) the Inspector‑General may make copies of, or take extracts, from the records mentioned in paragraphs (b) and (c); and\n (e) after such period as is reasonably necessary for the purposes of giving evidence to the Tribunal, the Inspector‑General must:\n (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.\n (8) The Tribunal is not bound by any opinion of the Inspector‑General expressed while giving evidence under this section.\n (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:\n (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.\n\n (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\n\n (1) In determining whether the Tribunal is satisfied that it is desirable to make an order or orders under subsection 69(3) or 70(1) or (2) of the Administrative Review Tribunal Act 2024 for the purposes of proceedings in relation to an application under section 43, the Tribunal must have regard to:\n (a) 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\n (b) the necessity of avoiding the disclosure to the applicant of information of the kind referred to in subsection 39(1).\n (a) the Tribunal shall not, in its decision, or reasons for a decision, in a matter arising under this Act, include any matter or information of a kind referred to in paragraph (1)(a) or (b); and\n (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) or (b).\n\n (1) Sections 23, 25 and 26 of the Administrative Review Tribunal Act 2024 do 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.\n (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:\n (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\n (1B) If the Tribunal is satisfied as mentioned in subsection (1A), section 27 of the Administrative Review Tribunal Act 2024 does not apply in relation to the document.\n (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:\n (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\n (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 187 of the Administrative Review Tribunal Act 2024, 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.\n (6) Subsection (5) does not prevent the Federal Court of Australia from causing the document concerned to be sent to the Federal Circuit and Family Court of Australia (Division 2) as mentioned in subsection 187(2) of the Administrative Review Tribunal Act 2024.\n (7) If a document produced in accordance with subsection (1) or (2) is sent to the Federal Circuit and Family Court of Australia (Division 2) as mentioned in subsection 187(2) of the Administrative Review Tribunal Act 2024, the Federal Circuit and Family Court of Australia (Division 2) 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:\n (a) the Judge who constitutes the Federal Circuit and Family Court of Australia (Division 2) for the purposes of the proceeding before the Federal Circuit and Family Court of Australia (Division 2); or\n (b) a member of the staff of the Federal Circuit and Family Court of Australia (Division 2) in the course of the performance of his or her duties as a member of that staff.\n\n (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.\n (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.\n (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.\n (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.\n (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.\n\n (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\n (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.\n (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:\n (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 and Family Court of Australia (Division 2), the stay continues to have effect until the earlier of:\n (a) the time at which the decision of the Federal Circuit and Family Court of Australia (Division 2) on the appeal takes effect; and\n (a) prevents a person making from an application under section 123 of the Administrative Review Tribunal Act 2024 for the decision of the Tribunal to be referred to the guidance and appeals panel; or\n (b) affects the power of the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2) to make orders under section 178 of the Administrative Review Tribunal Act 2024 in relation to matters other than staying the decision of the Tribunal.\n\n (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.\n (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.\n\n (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.\n (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:\n (a) each request for access to a document under subsection (2) that is made during the period to which the statement relates; and\n\n (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:\n (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;\n (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\n (c) a person concerned in the authorizing or giving of the access does not commit a criminal offence by reason only of the authorizing or giving of the access.\n 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.\n (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.\n\n 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.\n\n 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.\n\n 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.\n\n (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.\n (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.\n (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.\n (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.\n (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.\n\n (1) Subject to this Part, material of the Archives shall be kept at such places as the Director‑General considers appropriate.\n (2) In considering the places at which material of the Archives should be kept, the Director‑General shall take into account:\n (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.\n (3) Copies of records forming part of the material of the Archives may be kept in such places as the Director‑General considers appropriate.\n\n (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.\n (c) enable the Archives to meet its obligations under subsections 29(3), 30(1) and 31(1) in respect of that material; and\n (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.\n\n (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.\n\n (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.\n (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.\n\n (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.\n (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.\n\n the Archives may make a charge for the service of an amount, or at a rate, determined in writing by the Director‑General.\n\n (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.\n (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.\n (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.\n\n 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:\n\n","sortOrder":28},{"sectionNumber":"18","sectionType":"section","heading":"Records of the Parliament","content":"## 18 Records of the Parliament\n\n 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.\n\n","sortOrder":29},{"sectionNumber":"19","sectionType":"section","heading":"Court records","content":"## 19 Court records\n\n (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.\n (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.\n\n","sortOrder":30},{"sectionNumber":"20","sectionType":"section","heading":"Regulations and arrangements relating to certain records","content":"## 20 Regulations and arrangements relating to certain records\n\n (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.\n (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:\n (a) in the case of records in the possession of the Senate or of the Department of the Senate—the President of the Senate;\n (b) in the case of records in the possession of the House of Representatives or of the Department of the House of Representatives—the Speaker of the House of Representatives; or\n (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;\n (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.\n\n","sortOrder":31},{"sectionNumber":"21","sectionType":"section","heading":"Archives may be given custody of certain records","content":"## 21 Archives may be given custody of certain records\n\n (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.\n (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.\n\n","sortOrder":32},{"sectionNumber":"22","sectionType":"section","heading":"Records of Royal Commissions etc.","content":"## 22 Records of Royal Commissions etc.\n\n (a) the records kept by a Royal Commission, whether the inquiry commenced or was completed before or after the commencement of this Part; and\n (2) The Commonwealth is entitled to the possession of records kept by a Royal Commission, or by a Commission of inquiry, that are no 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.\n (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.\n (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.\n (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\n (b) the Agriculture Minister (within the meaning of the Biosecurity Act 2015) is taken to be the responsible Minister in relation to the records of the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); and\n (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.\n (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.\n\n","sortOrder":33},{"sectionNumber":"22A","sectionType":"section","heading":"Cabinet notebooks","content":"## 22A Cabinet notebooks\n\n (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:\n\n

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.

\n```\n\n> 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)).\n\n","sortOrder":34},{"sectionNumber":"22B","sectionType":"section","heading":"Census information","content":"## 22B Census information\n\n (1) For the purposes of this Act, a record containing Census information from a particular Census is in the open access period for that Census if a period of 99 years has elapsed since the Census day for that Census.\n\n> 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.\n\n","sortOrder":35},{"sectionNumber":"22C","sectionType":"section","heading":"Independent Review documents and PWSS documents","content":"## 22C Independent Review documents and PWSS documents\n\n (1) For the purposes of this Act, a record that is an Independent Review document or a PWSS document is in the open access period on and after 1 January in the year that is 99 years after the calendar year that the record came into existence.\n (2) Subsection (1) applies in relation to an Independent Review document, whether the Independent Review commenced before or after the commencement of this section.\n (2A) Subsection (1) applies in relation to a PWSS document, whether the document is brought into existence before, on or after the commencement of this subsection.\n\n","sortOrder":36},{"sectionNumber":"23","sectionType":"section","heading":"Records of inter‑governmental authorities","content":"## 23 Records of inter‑governmental authorities\n\n 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:\n (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 or another country; or\n (b) for the purpose of an agreement between the Commonwealth and any State or States, the Australian Capital Territory, the Northern Territory or another country;\n\n","sortOrder":37},{"sectionNumber":"Div Division 2","sectionType":"division","heading":"Dealings with Commonwealth records","content":"## Division 2 Dealings with Commonwealth records\n\n (iii) overseeing Commonwealth record‑keeping, by determining standards and providing advice to Commonwealth institutions; and\n\n (a) an authority, body, tribunal or organization, whether incorporated or unincorporated, established for a public purpose:\n (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;\n (f) a body established by or under an enactment within the meaning of the Australian Capital Territory (Self‑Government) Act 1988;\n\n> 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.\n\n> Census information means information transferred to the custody of the Archives under section 8A of the Census and Statistics Act 1905.\n\n (a) the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); or\n\n> 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.\n\n> 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.\n\n (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;\n\n> 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.\n\n> 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.\n\n (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\n (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;\n\n> Independent Review means the Independent Review into the workplaces of Parliamentarians and their staff conducted under the Australian Human Rights Commission Act 1986 by the Sex Discrimination Commissioner (within the meaning of that Act).\n\n (a) a document given to, or received by, the Independent Review, or a person performing functions in relation to the Review, for the purposes of the Review; or\n (b) a document brought into existence by the Independent Review or a person performing functions in relation to the Review.\n\n> material of the Archives means records in the care of the Archives (other than current Commonwealth records relating to the administration of the Archives).\n\n> object does not include a building or other structure or a vessel, aircraft or vehicle, other than a prescribed vessel, aircraft or vehicle.\n\n (a) a document given to, or received by, any of the following bodies in connection with the performance of the body’s functions:\n (c) a document transferred to the Parliamentary Workplace Support Service under item 4 of Schedule 2 to the Parliamentary Workplace Support Service (Consequential Amendments and Transitional Provisions) Act 2023;\n\n> record means a document, or an object, in any form (including any electronic form) that is, or has been, kept by reason of:\n\n> responsible Minister, in relation to a Commonwealth record, means the Minister to whose ministerial responsibilities the record is most closely related.\n\n> Royal Commission means a Commissioner or Commissioners appointed by the Governor‑General in the name of the Sovereign to make inquiry and report upon any matter.\n\n (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:\n (b) the legal basis, origin, development, organization or activities of the Commonwealth or of a Commonwealth institution;\n (e) an international or other organization the membership of which includes, or has included, the Commonwealth or a Commonwealth institution;\n (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;\n (g) material that relates only or principally to the history or government of a State or the Northern Territory or of a Colony that became part of the Commonwealth, not being:\n (h) material, other than Commonwealth records, relating only to a place that has been, but has ceased to be, a Territory; or\n (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:\n (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.\n (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.\n (7) For the purposes of this Act, subject to sections 22A, 22B and 22C, work out when a record is in the open access period in accordance with the following table:\n\n

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.

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.

\n```\n\n (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\n (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);\n\n 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:\n 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.\n\n 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.\n\n (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.\n\n> 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).\n\n (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)).\n (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).\n\n (1A) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (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\n (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\n (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\n (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\n (k) to conduct research, and provide advice, in relation to the management and preservation of records and other archival material; and\n (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\n (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.\n (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.\n\n (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:\n (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;\n (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;\n (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;\n (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;\n (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;\n (j) on request, assist Commonwealth institutions in the training of persons responsible for the keeping of current Commonwealth records;\n (k) train, or assist in the training of, persons, other than persons responsible for the keeping of current Commonwealth records, for work in connection with records and other archival material;\n (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.\n (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.\n\n (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.\n (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\n (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.\n\n (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.\n (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.\n (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.\n\n (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.\n (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.\n\n (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.\n (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.\n (5) A member chosen by either House of the Parliament or appointed by the Minister is eligible for further choice or re‑appointment.\n (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.\n\n (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.\n (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.\n\n (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.\n (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.\n\n (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.\n (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.\n (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.\n\n (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.\n (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.\n (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.\n (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.\n\n (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.\n (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.\n (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.\n\n (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.\n (4) At a meeting of the Council a majority of the members of the Council for the time being holding office constitute a quorum.\n (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.\n (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.\n (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.\n (9) Questions arising at a meeting of the Council shall be determined by a majority of the votes of the members present and voting.\n (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.\n (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.\n\n 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.\n\n (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.\n (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.\n\n (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.\n (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:\n (a) in the case of records in the possession of the Senate or of the Department of the Senate—the President of the Senate;\n (b) in the case of records in the possession of the House of Representatives or of the Department of the House of Representatives—the Speaker of the House of Representatives; or\n (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;\n (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.\n\n (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.\n (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.\n\n (a) the records kept by a Royal Commission, whether the inquiry commenced or was completed before or after the commencement of this Part; and\n (2) The Commonwealth is entitled to the possession of records kept by a Royal Commission, or by a Commission of inquiry, that are no 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.\n (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.\n (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.\n (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\n (b) the Agriculture Minister (within the meaning of the Biosecurity Act 2015) is taken to be the responsible Minister in relation to the records of the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); and\n (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.\n (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.\n\n (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:\n\n

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.

\n```\n\n> 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)).\n\n (1) For the purposes of this Act, a record containing Census information from a particular Census is in the open access period for that Census if a period of 99 years has elapsed since the Census day for that Census.\n\n> 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.\n\n (1) For the purposes of this Act, a record that is an Independent Review document or a PWSS document is in the open access period on and after 1 January in the year that is 99 years after the calendar year that the record came into existence.\n (2) Subsection (1) applies in relation to an Independent Review document, whether the Independent Review commenced before or after the commencement of this section.\n (2A) Subsection (1) applies in relation to a PWSS document, whether the document is brought into existence before, on or after the commencement of this subsection.\n\n 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:\n (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 or another country; or\n (b) for the purpose of an agreement between the Commonwealth and any State or States, the Australian Capital Territory, the Northern Territory or another country;\n\n (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.\n\n (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\n (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.\n (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.\n (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.\n (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.\n\n (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;\n (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\n (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.\n (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.\n\n> Note: In certain circumstances a Commonwealth institution or Minister can exempt a record from this section (see section 29).\n\n (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.\n (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\n\n 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.\n\n> Note: In certain circumstances a Commonwealth institution or Minister can exempt a record from this section (see section 29).\n\n 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:\n (a) the records of the company or association that were in existence prior to that day continue to be Commonwealth records; and\n (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.\n\n (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 Commonwealth institution or relating to the functions of the Commonwealth institution, is:\n (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;\n 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.\n (2) Notwithstanding subsection (1), the responsible Minister may determine that a Commonwealth record, or each record in a class of Commonwealth records, is:\n (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;\n 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.\n (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.\n\n> 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.\n\n (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;\n 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.\n (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.\n (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:\n (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) or subsection 33(4A) or (4C); and\n (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:\n (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) or subsection 33(4A) or (4C); and\n (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:\n (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:\n\n (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:\n\n> 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.\n\n (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.\n\n (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).\n\n> Note: Section 122.4 of the Criminal Code creates an offence in relation to the disclosure of information by Commonwealth officers.\n\n (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:\n\n> 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.\n\n (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.\n\n> 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.\n\n (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\n (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.\n\n (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.\n (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.\n\n (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:\n (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;\n (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\n (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;\n (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;\n (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\n (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\n (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);\n (h) information or matter relating to trade secrets, or any other information or matter having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information or matter were disclosed;\n (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.\n (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:\n (a) a person who is providing, or has provided, confidential information to the Australian Crime Commission in relation to such a matter; or\n (b) a person who is providing, or has provided, confidential information to the Australian Federal Police in relation to such a matter; or\n (ba) a person who is providing, or has provided, confidential information to the Inspector of the National Anti‑Corruption Commission, or the National Anti‑Corruption Commissioner or another staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022), in relation to such a matter; or\n (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.\n (i) that relates to the personal affairs, or the business or professional affairs, of any person (including a deceased person); or\n (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.\n (ii) from which the identity of a person referred to in subparagraph (i) could reasonably be inferred, or that could reasonably lead to the identity of such a person being established; and\n (b) the information or matter has not been made public by means of broadcasting or reporting proceedings of the Parliament as authorised by the Parliament;\n unless the Minister administering section 92 of the Australian Security Intelligence Organisation Act 1979 or the Director‑General of Security has consented in writing to the information or matter being made public.\n (a) the consent of the Minister administering section 92 of the Australian Security Intelligence Organisation Act 1979 or the Director‑General of Security has been given in relation to information or a matter for the purposes of that section (before, on or after the commencement of this subsection); and\n (b) that information or matter is substantially the same as the information or matter referred to in subsection (4A) of this section;\n the consent referred to in paragraph (a) of this subsection is taken also to be consent given for the purposes of subsection (4A).\n (i) that identifies a person as being, or having been, a staff member of the Australian Secret Intelligence Service (ASIS) (within the meaning of the Intelligence Services Act 2001) or an agent of ASIS; or\n (ii) from which the identity of a person referred to in subparagraph (i) could reasonably be inferred, or that could reasonably lead to the identity of such a person being established; and\n (b) the information or matter has not been made public by means of broadcasting or reporting proceedings of the Parliament as authorised by the Parliament;\n unless the responsible Minister for ASIS (within the meaning of the Intelligence Services Act 2001) or the Director‑General of ASIS has consented in writing to the information or matter being made public.\n (a) the consent of the responsible Minister for ASIS (within the meaning of the Intelligence Services Act 2001) or the Director‑General of ASIS has been given in relation to information for the purposes of section 41 of that Act (before, on or after the commencement of this subsection); and\n the consent referred to in paragraph (a) of this subsection is taken also to be consent given for the purposes of subsection (4C).\n (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.\n\n> Note: A reference to a Minister mentioned in this section may include a reference to a person acting as that Minister (see subsection 19(4) of the Acts Interpretation Act 1901).\n\n (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.\n (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.\n (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.\n (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.\n (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.\n\n (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.\n (b) on payment of a charge determined in accordance with the regulations, provision to the person of a copy of the record;\n (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;\n (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 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.\n (3) Subject to subsection (4), where a person has applied for access in a particular form, access shall be given in that form.\n (a) would interfere unreasonably with the operations of the Archives or of another Commonwealth institution that has the custody of the record;\n (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;\n (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.\n\n (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.\n (2) Where a record is withheld in accordance with subsection (1), a copy shall be provided where, in the opinion of the Director‑General, it is practicable to do so without detriment to the proper preservation or safe custody of the record.\n\n 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.\n\n (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) or subsection 33(4A) or (4C).\n (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:\n (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) or subsection 33(4A) or (4C), as the case may be.\n\n (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:\n (c) specifying an address in Australia at which notices under this Act may be sent to the person making the application; and\n (d) providing such particulars, if any, concerning the record to which it relates as are contained in any index or guide published by the Archives.\n\n> Note: A determination under section 40B (applications made by persons acting in concert etc.) may have the effect that the application is taken to have been made by someone other than the person who actually made it.\n\n (2) The Archives shall give all reasonable assistance to persons to enable them to make applications complying with paragraph (1)(d).\n (3) The Archives must take all reasonable steps to notify the applicant of a decision on an application to which this section applies:\n (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:\n (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;\n (b) where the decision is a decision of the Archives—state the name and designation of the person making the decision; and\n (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).\n (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.\n 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.\n (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 end of the consideration period for the application under section 40A), an application to the Tribunal under section 43 of this Act by virtue of subsection (8) 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.\n (10) Where such a complaint is made before the end of the consideration period for the application under section 40A, the Ombudsman, after having investigated the complaint, may, if he or she is of the opinion that 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.\n (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.\n (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.\n\n (1) The consideration period for an application to which section 40 applies is the period starting on the day after the application is received by the Archives and ending:\n (b) if the initial period is extended on one or more occasions under this section—at the end of the initial period as so extended.\n (2) The Director‑General may, with the applicant’s written agreement and before the end of the consideration period, by written notice given to the applicant extend the application’s initial period (including that period as previously extended under this section) by a specified number of business days.\n (3) If the Director‑General requests the applicant to enter into an agreement for the purposes of subsection (2), the Director‑General must inform the applicant that he or she is not obliged to comply with the request.\n (4) The Director‑General may, before the end of the consideration period, by written notice given to the applicant extend the application’s initial period (including that period as previously extended under this section) by a specified number of business days, if the Director‑General reasonably believes that:\n (b) the number of items that describe the records covered by those one or more applications exceeds the following number:\n (5) For the purposes of paragraph (4)(b), an item is the smallest discrete unit used by the Archives to describe a record in a series for purposes related to the care, management or retrieval of the record.\n\n (6) A particular extension under subsection (4) must not have the effect that an application’s initial period is extended under that subsection by more than the number of business days worked out using the following formula (rounding up to the nearest whole number):\n ![Start formula Unextended initial period times start fraction Items requested over Application cap end fraction end formula](image.002.png)\n\n> items requested means the number of items that the Director‑General reasonably believes describe the records covered by the one or more applications mentioned in paragraph (4)(b) in relation to the extension.\n\n> unextended initial period means the number of business days in the initial period under subparagraph (1)(a)(i) or (ii), disregarding any extensions under this section.\n\n (7) The Director‑General may vary or revoke an extension under subsection (4) by written notice given to the applicant before the end of the period of the extension. This subsection does not limit subsection 33(3) of the Acts Interpretation Act 1901.\n (8) For the purposes of applying subsection (6) in relation to an extension that is varied under subsection (7), the number of items mentioned in paragraph (4)(b) is to be determined on the basis of applications made by the applicant as at the time of the variation.\n (9) The Director‑General must take into account the matters (if any) prescribed by the regulations for the purposes of this subsection in:\n\n (1) The Director‑General may, by writing, determine that an application to which section 40 applies that was made by a person (the first person) is taken for the purposes of this Act to have been made by another person if the Director‑General reasonably suspects that the first person:\n in accordance with the directions, instructions or wishes of, or in concert with, the other person in relation to the making of such applications.\n (3) The Director‑General must give written notice of the determination to both of the persons mentioned in subsection (1).\n\n (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.\n (a) reconsider the decision and for that purpose arrange for any necessary review under section 35 of a determination under that section; and\n (b) give notice to the applicant of the decision on the reconsideration as soon as practicable, and within 30 business days, after the day the application for the reconsideration is received by the Archives (whether or not that decision confirms the previous decision).\n (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.\n (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.\n\n (1) Subject to this section, an application may be made to the Administrative Review Tribunal for a review of a decision of the Archives in respect of access to a record, being:\n (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;\n (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;\n (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;\n (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;\n (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\n (f) a decision refusing to allow a further period for making an application under subsection 42(1) for a reconsideration of a decision.\n (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.\n and such an application to the Tribunal may be treated by the Tribunal as having been made within the time allowed by subsection (4) if it appears to the Tribunal that there was no unreasonable delay in making the application to the Tribunal.\n (4) Notwithstanding section 18 of the Administrative Review Tribunal Act 2024, 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:\n (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;\n (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\n (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.\n (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.\n (6) Section 268 of the Administrative Review Tribunal Act 2024 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.\n (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 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.\n\n (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.\n (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.\n (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.\n (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.\n\n For the purposes of this Part and of the application of the Administrative Review Tribunal Act 2024 in respect of proceedings under this Part, a decision given by the Archives is taken to have been given by the Director‑General.\n\n (1) This section applies in a proceeding before the Tribunal in relation to review of a decision of the Archives in respect of access to a record that:\n (a) 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\n (i) the performance of the functions or duties, or the exercise of the powers, of a body mentioned in paragraph (a) of the definition of intelligence agency in subsection 3(1) of the Inspector‑General of Intelligence and Security Act 1986; or\n (ii) the performance of an intelligence function (within the meaning of that Act) of a body mentioned in paragraph (b) of that definition; and\n (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:\n (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\n (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:\n (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);\n (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 Tribunal must request the Inspector‑General to appear personally and give evidence on:\n (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\n (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:\n (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);\n (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:\n (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.\n (a) the Tribunal must allow the Inspector‑General to take possession of, and make copies of or take extracts from, any record given to the Tribunal for the purposes of the proceeding; and\n (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\n (c) the Inspector‑General may require the production of any Commonwealth record that relates to the record mentioned in paragraph (b); and\n (d) the Inspector‑General may make copies of, or take extracts, from the records mentioned in paragraphs (b) and (c); and\n (e) after such period as is reasonably necessary for the purposes of giving evidence to the Tribunal, the Inspector‑General must:\n (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.\n (8) The Tribunal is not bound by any opinion of the Inspector‑General expressed while giving evidence under this section.\n (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:\n (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.\n\n (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\n\n (1) In determining whether the Tribunal is satisfied that it is desirable to make an order or orders under subsection 69(3) or 70(1) or (2) of the Administrative Review Tribunal Act 2024 for the purposes of proceedings in relation to an application under section 43, the Tribunal must have regard to:\n (a) 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\n (b) the necessity of avoiding the disclosure to the applicant of information of the kind referred to in subsection 39(1).\n (a) the Tribunal shall not, in its decision, or reasons for a decision, in a matter arising under this Act, include any matter or information of a kind referred to in paragraph (1)(a) or (b); and\n (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) or (b).\n\n (1) Sections 23, 25 and 26 of the Administrative Review Tribunal Act 2024 do 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.\n (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:\n (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\n (1B) If the Tribunal is satisfied as mentioned in subsection (1A), section 27 of the Administrative Review Tribunal Act 2024 does not apply in relation to the document.\n (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:\n (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\n (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 187 of the Administrative Review Tribunal Act 2024, 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.\n (6) Subsection (5) does not prevent the Federal Court of Australia from causing the document concerned to be sent to the Federal Circuit and Family Court of Australia (Division 2) as mentioned in subsection 187(2) of the Administrative Review Tribunal Act 2024.\n (7) If a document produced in accordance with subsection (1) or (2) is sent to the Federal Circuit and Family Court of Australia (Division 2) as mentioned in subsection 187(2) of the Administrative Review Tribunal Act 2024, the Federal Circuit and Family Court of Australia (Division 2) 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:\n (a) the Judge who constitutes the Federal Circuit and Family Court of Australia (Division 2) for the purposes of the proceeding before the Federal Circuit and Family Court of Australia (Division 2); or\n (b) a member of the staff of the Federal Circuit and Family Court of Australia (Division 2) in the course of the performance of his or her duties as a member of that staff.\n\n (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.\n (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.\n (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.\n (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.\n (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.\n\n (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\n (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.\n (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:\n (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 and Family Court of Australia (Division 2), the stay continues to have effect until the earlier of:\n (a) the time at which the decision of the Federal Circuit and Family Court of Australia (Division 2) on the appeal takes effect; and\n (a) prevents a person making from an application under section 123 of the Administrative Review Tribunal Act 2024 for the decision of the Tribunal to be referred to the guidance and appeals panel; or\n (b) affects the power of the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2) to make orders under section 178 of the Administrative Review Tribunal Act 2024 in relation to matters other than staying the decision of the Tribunal.\n\n (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.\n (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.\n\n (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.\n (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:\n (a) each request for access to a document under subsection (2) that is made during the period to which the statement relates; and\n\n (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:\n (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;\n (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\n (c) a person concerned in the authorizing or giving of the access does not commit a criminal offence by reason only of the authorizing or giving of the access.\n 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.\n (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.\n\n 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.\n\n 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.\n\n 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.\n\n (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.\n (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.\n (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.\n (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.\n (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.\n\n (1) Subject to this Part, material of the Archives shall be kept at such places as the Director‑General considers appropriate.\n (2) In considering the places at which material of the Archives should be kept, the Director‑General shall take into account:\n (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.\n (3) Copies of records forming part of the material of the Archives may be kept in such places as the Director‑General considers appropriate.\n\n (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.\n (c) enable the Archives to meet its obligations under subsections 29(3), 30(1) and 31(1) in respect of that material; and\n (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.\n\n (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.\n\n (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.\n (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.\n\n (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.\n (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.\n\n the Archives may make a charge for the service of an amount, or at a rate, determined in writing by the Director‑General.\n\n (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.\n (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.\n (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.\n\n 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:\n\n","sortOrder":38},{"sectionNumber":"24","sectionType":"section","heading":"Disposal, destruction etc. of Commonwealth records","content":"## 24 Disposal, destruction etc. of Commonwealth records\n\n (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.\n\n (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\n (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.\n (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.\n (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.\n (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.\n\n","sortOrder":39},{"sectionNumber":"25","sectionType":"section","heading":"Advice to Council on disposal practices","content":"## 25 Advice to Council on disposal practices\n\n (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;\n (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\n (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.\n (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.\n\n","sortOrder":40},{"sectionNumber":"26","sectionType":"section","heading":"Alteration of Commonwealth records","content":"## 26 Alteration of Commonwealth records\n\n","sortOrder":41},{"sectionNumber":"27","sectionType":"section","heading":"Transfer of certain Commonwealth records to care of Archives","content":"## 27 Transfer of certain Commonwealth records to care of Archives\n\n> Note: In certain circumstances a Commonwealth institution or Minister can exempt a record from this section (see section 29).\n\n (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.\n (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\n\n","sortOrder":42},{"sectionNumber":"28","sectionType":"section","heading":"Archives to have access to records","content":"## 28 Archives to have access to records\n\n 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.\n\n> Note: In certain circumstances a Commonwealth institution or Minister can exempt a record from this section (see section 29).\n\n","sortOrder":43},{"sectionNumber":"28A","sectionType":"section","heading":"Records of companies or associations that cease to be authorities of the Commonwealth","content":"## 28A Records of companies or associations that cease to be authorities of the Commonwealth\n\n 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:\n (a) the records of the company or association that were in existence prior to that day continue to be Commonwealth records; and\n (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.\n\n","sortOrder":44},{"sectionNumber":"29","sectionType":"section","heading":"Exemption of certain records","content":"## 29 Exemption of certain records\n\n (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 Commonwealth institution or relating to the functions of the Commonwealth institution, is:\n (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;\n 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.\n (2) Notwithstanding subsection (1), the responsible Minister may determine that a Commonwealth record, or each record in a class of Commonwealth records, is:\n (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;\n 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.\n (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.\n\n> 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.\n\n (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;\n 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.\n (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.\n (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:\n (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) or subsection 33(4A) or (4C); and\n (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:\n (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) or subsection 33(4A) or (4C); and\n (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:\n (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:\n\n","sortOrder":45},{"sectionNumber":"30","sectionType":"section","heading":"Commonwealth records to be available to Commonwealth institutions","content":"## 30 Commonwealth records to be available to Commonwealth institutions\n\n (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:\n\n> 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.\n\n (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.\n\n","sortOrder":46},{"sectionNumber":"30A","sectionType":"section","heading":"Non‑disclosure of Census information","content":"## 30A Non‑disclosure of Census information\n\n (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).\n\n> Note: Section 122.4 of the Criminal Code creates an offence in relation to the disclosure of information by Commonwealth officers.\n\n (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:\n\n","sortOrder":47},{"sectionNumber":"Div Division 3","sectionType":"division","heading":"Access to Commonwealth records","content":"## Division 3 Access to Commonwealth records\n\n (iii) overseeing Commonwealth record‑keeping, by determining standards and providing advice to Commonwealth institutions; and\n\n (a) an authority, body, tribunal or organization, whether incorporated or unincorporated, established for a public purpose:\n (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;\n (f) a body established by or under an enactment within the meaning of the Australian Capital Territory (Self‑Government) Act 1988;\n\n> 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.\n\n> Census information means information transferred to the custody of the Archives under section 8A of the Census and Statistics Act 1905.\n\n (a) the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); or\n\n> 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.\n\n> 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.\n\n (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;\n\n> 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.\n\n> 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.\n\n (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\n (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;\n\n> Independent Review means the Independent Review into the workplaces of Parliamentarians and their staff conducted under the Australian Human Rights Commission Act 1986 by the Sex Discrimination Commissioner (within the meaning of that Act).\n\n (a) a document given to, or received by, the Independent Review, or a person performing functions in relation to the Review, for the purposes of the Review; or\n (b) a document brought into existence by the Independent Review or a person performing functions in relation to the Review.\n\n> material of the Archives means records in the care of the Archives (other than current Commonwealth records relating to the administration of the Archives).\n\n> object does not include a building or other structure or a vessel, aircraft or vehicle, other than a prescribed vessel, aircraft or vehicle.\n\n (a) a document given to, or received by, any of the following bodies in connection with the performance of the body’s functions:\n (c) a document transferred to the Parliamentary Workplace Support Service under item 4 of Schedule 2 to the Parliamentary Workplace Support Service (Consequential Amendments and Transitional Provisions) Act 2023;\n\n> record means a document, or an object, in any form (including any electronic form) that is, or has been, kept by reason of:\n\n> responsible Minister, in relation to a Commonwealth record, means the Minister to whose ministerial responsibilities the record is most closely related.\n\n> Royal Commission means a Commissioner or Commissioners appointed by the Governor‑General in the name of the Sovereign to make inquiry and report upon any matter.\n\n (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:\n (b) the legal basis, origin, development, organization or activities of the Commonwealth or of a Commonwealth institution;\n (e) an international or other organization the membership of which includes, or has included, the Commonwealth or a Commonwealth institution;\n (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;\n (g) material that relates only or principally to the history or government of a State or the Northern Territory or of a Colony that became part of the Commonwealth, not being:\n (h) material, other than Commonwealth records, relating only to a place that has been, but has ceased to be, a Territory; or\n (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:\n (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.\n (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.\n (7) For the purposes of this Act, subject to sections 22A, 22B and 22C, work out when a record is in the open access period in accordance with the following table:\n\n

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.

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.

\n```\n\n (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\n (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);\n\n 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:\n 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.\n\n 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.\n\n (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.\n\n> 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).\n\n (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)).\n (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).\n\n (1A) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (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\n (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\n (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\n (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\n (k) to conduct research, and provide advice, in relation to the management and preservation of records and other archival material; and\n (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\n (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.\n (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.\n\n (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:\n (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;\n (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;\n (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;\n (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;\n (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;\n (j) on request, assist Commonwealth institutions in the training of persons responsible for the keeping of current Commonwealth records;\n (k) train, or assist in the training of, persons, other than persons responsible for the keeping of current Commonwealth records, for work in connection with records and other archival material;\n (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.\n (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.\n\n (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.\n (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\n (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.\n\n (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.\n (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.\n (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.\n\n (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.\n (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.\n\n (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.\n (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.\n (5) A member chosen by either House of the Parliament or appointed by the Minister is eligible for further choice or re‑appointment.\n (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.\n\n (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.\n (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.\n\n (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.\n (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.\n\n (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.\n (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.\n (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.\n\n (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.\n (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.\n (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.\n (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.\n\n (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.\n (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.\n (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.\n\n (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.\n (4) At a meeting of the Council a majority of the members of the Council for the time being holding office constitute a quorum.\n (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.\n (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.\n (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.\n (9) Questions arising at a meeting of the Council shall be determined by a majority of the votes of the members present and voting.\n (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.\n (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.\n\n 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.\n\n (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.\n (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.\n\n (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.\n (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:\n (a) in the case of records in the possession of the Senate or of the Department of the Senate—the President of the Senate;\n (b) in the case of records in the possession of the House of Representatives or of the Department of the House of Representatives—the Speaker of the House of Representatives; or\n (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;\n (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.\n\n (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.\n (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.\n\n (a) the records kept by a Royal Commission, whether the inquiry commenced or was completed before or after the commencement of this Part; and\n (2) The Commonwealth is entitled to the possession of records kept by a Royal Commission, or by a Commission of inquiry, that are no 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.\n (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.\n (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.\n (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\n (b) the Agriculture Minister (within the meaning of the Biosecurity Act 2015) is taken to be the responsible Minister in relation to the records of the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); and\n (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.\n (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.\n\n (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:\n\n

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.

\n```\n\n> 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)).\n\n (1) For the purposes of this Act, a record containing Census information from a particular Census is in the open access period for that Census if a period of 99 years has elapsed since the Census day for that Census.\n\n> 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.\n\n (1) For the purposes of this Act, a record that is an Independent Review document or a PWSS document is in the open access period on and after 1 January in the year that is 99 years after the calendar year that the record came into existence.\n (2) Subsection (1) applies in relation to an Independent Review document, whether the Independent Review commenced before or after the commencement of this section.\n (2A) Subsection (1) applies in relation to a PWSS document, whether the document is brought into existence before, on or after the commencement of this subsection.\n\n 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:\n (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 or another country; or\n (b) for the purpose of an agreement between the Commonwealth and any State or States, the Australian Capital Territory, the Northern Territory or another country;\n\n (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.\n\n (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\n (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.\n (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.\n (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.\n (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.\n\n (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;\n (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\n (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.\n (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.\n\n> Note: In certain circumstances a Commonwealth institution or Minister can exempt a record from this section (see section 29).\n\n (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.\n (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\n\n 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.\n\n> Note: In certain circumstances a Commonwealth institution or Minister can exempt a record from this section (see section 29).\n\n 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:\n (a) the records of the company or association that were in existence prior to that day continue to be Commonwealth records; and\n (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.\n\n (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 Commonwealth institution or relating to the functions of the Commonwealth institution, is:\n (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;\n 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.\n (2) Notwithstanding subsection (1), the responsible Minister may determine that a Commonwealth record, or each record in a class of Commonwealth records, is:\n (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;\n 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.\n (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.\n\n> 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.\n\n (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;\n 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.\n (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.\n (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:\n (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) or subsection 33(4A) or (4C); and\n (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:\n (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) or subsection 33(4A) or (4C); and\n (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:\n (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:\n\n (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:\n\n> 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.\n\n (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.\n\n (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).\n\n> Note: Section 122.4 of the Criminal Code creates an offence in relation to the disclosure of information by Commonwealth officers.\n\n (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:\n\n> 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.\n\n (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.\n\n> 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.\n\n (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\n (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.\n\n (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.\n (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.\n\n (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:\n (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;\n (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\n (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;\n (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;\n (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\n (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\n (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);\n (h) information or matter relating to trade secrets, or any other information or matter having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information or matter were disclosed;\n (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.\n (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:\n (a) a person who is providing, or has provided, confidential information to the Australian Crime Commission in relation to such a matter; or\n (b) a person who is providing, or has provided, confidential information to the Australian Federal Police in relation to such a matter; or\n (ba) a person who is providing, or has provided, confidential information to the Inspector of the National Anti‑Corruption Commission, or the National Anti‑Corruption Commissioner or another staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022), in relation to such a matter; or\n (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.\n (i) that relates to the personal affairs, or the business or professional affairs, of any person (including a deceased person); or\n (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.\n (ii) from which the identity of a person referred to in subparagraph (i) could reasonably be inferred, or that could reasonably lead to the identity of such a person being established; and\n (b) the information or matter has not been made public by means of broadcasting or reporting proceedings of the Parliament as authorised by the Parliament;\n unless the Minister administering section 92 of the Australian Security Intelligence Organisation Act 1979 or the Director‑General of Security has consented in writing to the information or matter being made public.\n (a) the consent of the Minister administering section 92 of the Australian Security Intelligence Organisation Act 1979 or the Director‑General of Security has been given in relation to information or a matter for the purposes of that section (before, on or after the commencement of this subsection); and\n (b) that information or matter is substantially the same as the information or matter referred to in subsection (4A) of this section;\n the consent referred to in paragraph (a) of this subsection is taken also to be consent given for the purposes of subsection (4A).\n (i) that identifies a person as being, or having been, a staff member of the Australian Secret Intelligence Service (ASIS) (within the meaning of the Intelligence Services Act 2001) or an agent of ASIS; or\n (ii) from which the identity of a person referred to in subparagraph (i) could reasonably be inferred, or that could reasonably lead to the identity of such a person being established; and\n (b) the information or matter has not been made public by means of broadcasting or reporting proceedings of the Parliament as authorised by the Parliament;\n unless the responsible Minister for ASIS (within the meaning of the Intelligence Services Act 2001) or the Director‑General of ASIS has consented in writing to the information or matter being made public.\n (a) the consent of the responsible Minister for ASIS (within the meaning of the Intelligence Services Act 2001) or the Director‑General of ASIS has been given in relation to information for the purposes of section 41 of that Act (before, on or after the commencement of this subsection); and\n the consent referred to in paragraph (a) of this subsection is taken also to be consent given for the purposes of subsection (4C).\n (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.\n\n> Note: A reference to a Minister mentioned in this section may include a reference to a person acting as that Minister (see subsection 19(4) of the Acts Interpretation Act 1901).\n\n (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.\n (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.\n (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.\n (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.\n (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.\n\n (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.\n (b) on payment of a charge determined in accordance with the regulations, provision to the person of a copy of the record;\n (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;\n (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 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.\n (3) Subject to subsection (4), where a person has applied for access in a particular form, access shall be given in that form.\n (a) would interfere unreasonably with the operations of the Archives or of another Commonwealth institution that has the custody of the record;\n (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;\n (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.\n\n (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.\n (2) Where a record is withheld in accordance with subsection (1), a copy shall be provided where, in the opinion of the Director‑General, it is practicable to do so without detriment to the proper preservation or safe custody of the record.\n\n 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.\n\n (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) or subsection 33(4A) or (4C).\n (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:\n (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) or subsection 33(4A) or (4C), as the case may be.\n\n (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:\n (c) specifying an address in Australia at which notices under this Act may be sent to the person making the application; and\n (d) providing such particulars, if any, concerning the record to which it relates as are contained in any index or guide published by the Archives.\n\n> Note: A determination under section 40B (applications made by persons acting in concert etc.) may have the effect that the application is taken to have been made by someone other than the person who actually made it.\n\n (2) The Archives shall give all reasonable assistance to persons to enable them to make applications complying with paragraph (1)(d).\n (3) The Archives must take all reasonable steps to notify the applicant of a decision on an application to which this section applies:\n (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:\n (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;\n (b) where the decision is a decision of the Archives—state the name and designation of the person making the decision; and\n (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).\n (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.\n 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.\n (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 end of the consideration period for the application under section 40A), an application to the Tribunal under section 43 of this Act by virtue of subsection (8) 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.\n (10) Where such a complaint is made before the end of the consideration period for the application under section 40A, the Ombudsman, after having investigated the complaint, may, if he or she is of the opinion that 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.\n (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.\n (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.\n\n (1) The consideration period for an application to which section 40 applies is the period starting on the day after the application is received by the Archives and ending:\n (b) if the initial period is extended on one or more occasions under this section—at the end of the initial period as so extended.\n (2) The Director‑General may, with the applicant’s written agreement and before the end of the consideration period, by written notice given to the applicant extend the application’s initial period (including that period as previously extended under this section) by a specified number of business days.\n (3) If the Director‑General requests the applicant to enter into an agreement for the purposes of subsection (2), the Director‑General must inform the applicant that he or she is not obliged to comply with the request.\n (4) The Director‑General may, before the end of the consideration period, by written notice given to the applicant extend the application’s initial period (including that period as previously extended under this section) by a specified number of business days, if the Director‑General reasonably believes that:\n (b) the number of items that describe the records covered by those one or more applications exceeds the following number:\n (5) For the purposes of paragraph (4)(b), an item is the smallest discrete unit used by the Archives to describe a record in a series for purposes related to the care, management or retrieval of the record.\n\n (6) A particular extension under subsection (4) must not have the effect that an application’s initial period is extended under that subsection by more than the number of business days worked out using the following formula (rounding up to the nearest whole number):\n ![Start formula Unextended initial period times start fraction Items requested over Application cap end fraction end formula](image.002.png)\n\n> items requested means the number of items that the Director‑General reasonably believes describe the records covered by the one or more applications mentioned in paragraph (4)(b) in relation to the extension.\n\n> unextended initial period means the number of business days in the initial period under subparagraph (1)(a)(i) or (ii), disregarding any extensions under this section.\n\n (7) The Director‑General may vary or revoke an extension under subsection (4) by written notice given to the applicant before the end of the period of the extension. This subsection does not limit subsection 33(3) of the Acts Interpretation Act 1901.\n (8) For the purposes of applying subsection (6) in relation to an extension that is varied under subsection (7), the number of items mentioned in paragraph (4)(b) is to be determined on the basis of applications made by the applicant as at the time of the variation.\n (9) The Director‑General must take into account the matters (if any) prescribed by the regulations for the purposes of this subsection in:\n\n (1) The Director‑General may, by writing, determine that an application to which section 40 applies that was made by a person (the first person) is taken for the purposes of this Act to have been made by another person if the Director‑General reasonably suspects that the first person:\n in accordance with the directions, instructions or wishes of, or in concert with, the other person in relation to the making of such applications.\n (3) The Director‑General must give written notice of the determination to both of the persons mentioned in subsection (1).\n\n (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.\n (a) reconsider the decision and for that purpose arrange for any necessary review under section 35 of a determination under that section; and\n (b) give notice to the applicant of the decision on the reconsideration as soon as practicable, and within 30 business days, after the day the application for the reconsideration is received by the Archives (whether or not that decision confirms the previous decision).\n (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.\n (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.\n\n (1) Subject to this section, an application may be made to the Administrative Review Tribunal for a review of a decision of the Archives in respect of access to a record, being:\n (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;\n (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;\n (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;\n (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;\n (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\n (f) a decision refusing to allow a further period for making an application under subsection 42(1) for a reconsideration of a decision.\n (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.\n and such an application to the Tribunal may be treated by the Tribunal as having been made within the time allowed by subsection (4) if it appears to the Tribunal that there was no unreasonable delay in making the application to the Tribunal.\n (4) Notwithstanding section 18 of the Administrative Review Tribunal Act 2024, 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:\n (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;\n (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\n (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.\n (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.\n (6) Section 268 of the Administrative Review Tribunal Act 2024 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.\n (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 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.\n\n (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.\n (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.\n (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.\n (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.\n\n For the purposes of this Part and of the application of the Administrative Review Tribunal Act 2024 in respect of proceedings under this Part, a decision given by the Archives is taken to have been given by the Director‑General.\n\n (1) This section applies in a proceeding before the Tribunal in relation to review of a decision of the Archives in respect of access to a record that:\n (a) 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\n (i) the performance of the functions or duties, or the exercise of the powers, of a body mentioned in paragraph (a) of the definition of intelligence agency in subsection 3(1) of the Inspector‑General of Intelligence and Security Act 1986; or\n (ii) the performance of an intelligence function (within the meaning of that Act) of a body mentioned in paragraph (b) of that definition; and\n (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:\n (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\n (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:\n (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);\n (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 Tribunal must request the Inspector‑General to appear personally and give evidence on:\n (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\n (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:\n (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);\n (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:\n (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.\n (a) the Tribunal must allow the Inspector‑General to take possession of, and make copies of or take extracts from, any record given to the Tribunal for the purposes of the proceeding; and\n (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\n (c) the Inspector‑General may require the production of any Commonwealth record that relates to the record mentioned in paragraph (b); and\n (d) the Inspector‑General may make copies of, or take extracts, from the records mentioned in paragraphs (b) and (c); and\n (e) after such period as is reasonably necessary for the purposes of giving evidence to the Tribunal, the Inspector‑General must:\n (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.\n (8) The Tribunal is not bound by any opinion of the Inspector‑General expressed while giving evidence under this section.\n (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:\n (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.\n\n (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\n\n (1) In determining whether the Tribunal is satisfied that it is desirable to make an order or orders under subsection 69(3) or 70(1) or (2) of the Administrative Review Tribunal Act 2024 for the purposes of proceedings in relation to an application under section 43, the Tribunal must have regard to:\n (a) 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\n (b) the necessity of avoiding the disclosure to the applicant of information of the kind referred to in subsection 39(1).\n (a) the Tribunal shall not, in its decision, or reasons for a decision, in a matter arising under this Act, include any matter or information of a kind referred to in paragraph (1)(a) or (b); and\n (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) or (b).\n\n (1) Sections 23, 25 and 26 of the Administrative Review Tribunal Act 2024 do 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.\n (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:\n (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\n (1B) If the Tribunal is satisfied as mentioned in subsection (1A), section 27 of the Administrative Review Tribunal Act 2024 does not apply in relation to the document.\n (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:\n (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\n (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 187 of the Administrative Review Tribunal Act 2024, 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.\n (6) Subsection (5) does not prevent the Federal Court of Australia from causing the document concerned to be sent to the Federal Circuit and Family Court of Australia (Division 2) as mentioned in subsection 187(2) of the Administrative Review Tribunal Act 2024.\n (7) If a document produced in accordance with subsection (1) or (2) is sent to the Federal Circuit and Family Court of Australia (Division 2) as mentioned in subsection 187(2) of the Administrative Review Tribunal Act 2024, the Federal Circuit and Family Court of Australia (Division 2) 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:\n (a) the Judge who constitutes the Federal Circuit and Family Court of Australia (Division 2) for the purposes of the proceeding before the Federal Circuit and Family Court of Australia (Division 2); or\n (b) a member of the staff of the Federal Circuit and Family Court of Australia (Division 2) in the course of the performance of his or her duties as a member of that staff.\n\n (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.\n (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.\n (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.\n (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.\n (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.\n\n (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\n (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.\n (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:\n (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 and Family Court of Australia (Division 2), the stay continues to have effect until the earlier of:\n (a) the time at which the decision of the Federal Circuit and Family Court of Australia (Division 2) on the appeal takes effect; and\n (a) prevents a person making from an application under section 123 of the Administrative Review Tribunal Act 2024 for the decision of the Tribunal to be referred to the guidance and appeals panel; or\n (b) affects the power of the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2) to make orders under section 178 of the Administrative Review Tribunal Act 2024 in relation to matters other than staying the decision of the Tribunal.\n\n (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.\n (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.\n\n (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.\n (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:\n (a) each request for access to a document under subsection (2) that is made during the period to which the statement relates; and\n\n (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:\n (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;\n (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\n (c) a person concerned in the authorizing or giving of the access does not commit a criminal offence by reason only of the authorizing or giving of the access.\n 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.\n (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.\n\n 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.\n\n 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.\n\n 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.\n\n (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.\n (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.\n (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.\n (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.\n (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.\n\n (1) Subject to this Part, material of the Archives shall be kept at such places as the Director‑General considers appropriate.\n (2) In considering the places at which material of the Archives should be kept, the Director‑General shall take into account:\n (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.\n (3) Copies of records forming part of the material of the Archives may be kept in such places as the Director‑General considers appropriate.\n\n (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.\n (c) enable the Archives to meet its obligations under subsections 29(3), 30(1) and 31(1) in respect of that material; and\n (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.\n\n (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.\n\n (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.\n (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.\n\n (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.\n (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.\n\n the Archives may make a charge for the service of an amount, or at a rate, determined in writing by the Director‑General.\n\n (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.\n (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.\n (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.\n\n 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:\n\n","sortOrder":48},{"sectionNumber":"31","sectionType":"section","heading":"Records in open access period to be publicly available","content":"## 31 Records in open access period to be publicly available\n\n> 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.\n\n (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.\n\n> 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.\n\n (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\n (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.\n\n","sortOrder":49},{"sectionNumber":"32","sectionType":"section","heading":"Consultation with States","content":"## 32 Consultation with States\n\n (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.\n (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.\n\n","sortOrder":50},{"sectionNumber":"33","sectionType":"section","heading":"Exempt records","content":"## 33 Exempt records\n\n (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:\n (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;\n (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\n (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;\n (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;\n (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\n (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\n (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);\n (h) information or matter relating to trade secrets, or any other information or matter having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information or matter were disclosed;\n (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.\n (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:\n (a) a person who is providing, or has provided, confidential information to the Australian Crime Commission in relation to such a matter; or\n (b) a person who is providing, or has provided, confidential information to the Australian Federal Police in relation to such a matter; or\n (ba) a person who is providing, or has provided, confidential information to the Inspector of the National Anti‑Corruption Commission, or the National Anti‑Corruption Commissioner or another staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022), in relation to such a matter; or\n (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.\n (i) that relates to the personal affairs, or the business or professional affairs, of any person (including a deceased person); or\n (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.\n (ii) from which the identity of a person referred to in subparagraph (i) could reasonably be inferred, or that could reasonably lead to the identity of such a person being established; and\n (b) the information or matter has not been made public by means of broadcasting or reporting proceedings of the Parliament as authorised by the Parliament;\n unless the Minister administering section 92 of the Australian Security Intelligence Organisation Act 1979 or the Director‑General of Security has consented in writing to the information or matter being made public.\n (a) the consent of the Minister administering section 92 of the Australian Security Intelligence Organisation Act 1979 or the Director‑General of Security has been given in relation to information or a matter for the purposes of that section (before, on or after the commencement of this subsection); and\n (b) that information or matter is substantially the same as the information or matter referred to in subsection (4A) of this section;\n the consent referred to in paragraph (a) of this subsection is taken also to be consent given for the purposes of subsection (4A).\n (i) that identifies a person as being, or having been, a staff member of the Australian Secret Intelligence Service (ASIS) (within the meaning of the Intelligence Services Act 2001) or an agent of ASIS; or\n (ii) from which the identity of a person referred to in subparagraph (i) could reasonably be inferred, or that could reasonably lead to the identity of such a person being established; and\n (b) the information or matter has not been made public by means of broadcasting or reporting proceedings of the Parliament as authorised by the Parliament;\n unless the responsible Minister for ASIS (within the meaning of the Intelligence Services Act 2001) or the Director‑General of ASIS has consented in writing to the information or matter being made public.\n (a) the consent of the responsible Minister for ASIS (within the meaning of the Intelligence Services Act 2001) or the Director‑General of ASIS has been given in relation to information for the purposes of section 41 of that Act (before, on or after the commencement of this subsection); and\n the consent referred to in paragraph (a) of this subsection is taken also to be consent given for the purposes of subsection (4C).\n (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.\n\n> Note: A reference to a Minister mentioned in this section may include a reference to a person acting as that Minister (see subsection 19(4) of the Acts Interpretation Act 1901).\n\n","sortOrder":51},{"sectionNumber":"35","sectionType":"section","heading":"Identification of exempt records","content":"## 35 Identification of exempt records\n\n (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.\n (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.\n (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.\n (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.\n (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.\n\n","sortOrder":52},{"sectionNumber":"36","sectionType":"section","heading":"Forms of access","content":"## 36 Forms of access\n\n (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.\n (b) on payment of a charge determined in accordance with the regulations, provision to the person of a copy of the record;\n (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;\n (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 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.\n (3) Subject to subsection (4), where a person has applied for access in a particular form, access shall be given in that form.\n (a) would interfere unreasonably with the operations of the Archives or of another Commonwealth institution that has the custody of the record;\n (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;\n (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.\n\n","sortOrder":53},{"sectionNumber":"37","sectionType":"section","heading":"Conditions in respect of proper care of records","content":"## 37 Conditions in respect of proper care of records\n\n (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.\n (2) Where a record is withheld in accordance with subsection (1), a copy shall be provided where, in the opinion of the Director‑General, it is practicable to do so without detriment to the proper preservation or safe custody of the record.\n\n","sortOrder":54},{"sectionNumber":"38","sectionType":"section","heading":"Access to part of exempt record","content":"## 38 Access to part of exempt record\n\n 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.\n\n","sortOrder":55},{"sectionNumber":"39","sectionType":"section","heading":"Information as to existence of certain documents","content":"## 39 Information as to existence of certain documents\n\n (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) or subsection 33(4A) or (4C).\n (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:\n (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) or subsection 33(4A) or (4C), as the case may be.\n\n","sortOrder":56},{"sectionNumber":"40","sectionType":"section","heading":"Applications for access to records","content":"## 40 Applications for access to records\n\n (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:\n (c) specifying an address in Australia at which notices under this Act may be sent to the person making the application; and\n (d) providing such particulars, if any, concerning the record to which it relates as are contained in any index or guide published by the Archives.\n\n> Note: A determination under section 40B (applications made by persons acting in concert etc.) may have the effect that the application is taken to have been made by someone other than the person who actually made it.\n\n (2) The Archives shall give all reasonable assistance to persons to enable them to make applications complying with paragraph (1)(d).\n (3) The Archives must take all reasonable steps to notify the applicant of a decision on an application to which this section applies:\n (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:\n (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;\n (b) where the decision is a decision of the Archives—state the name and designation of the person making the decision; and\n (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).\n (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.\n 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.\n (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 end of the consideration period for the application under section 40A), an application to the Tribunal under section 43 of this Act by virtue of subsection (8) 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.\n (10) Where such a complaint is made before the end of the consideration period for the application under section 40A, the Ombudsman, after having investigated the complaint, may, if he or she is of the opinion that 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.\n (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.\n (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.\n\n","sortOrder":57},{"sectionNumber":"40A","sectionType":"section","heading":"Consideration period for applications for access to records","content":"## 40A Consideration period for applications for access to records\n\n (1) The consideration period for an application to which section 40 applies is the period starting on the day after the application is received by the Archives and ending:\n (b) if the initial period is extended on one or more occasions under this section—at the end of the initial period as so extended.\n (2) The Director‑General may, with the applicant’s written agreement and before the end of the consideration period, by written notice given to the applicant extend the application’s initial period (including that period as previously extended under this section) by a specified number of business days.\n (3) If the Director‑General requests the applicant to enter into an agreement for the purposes of subsection (2), the Director‑General must inform the applicant that he or she is not obliged to comply with the request.\n (4) The Director‑General may, before the end of the consideration period, by written notice given to the applicant extend the application’s initial period (including that period as previously extended under this section) by a specified number of business days, if the Director‑General reasonably believes that:\n (b) the number of items that describe the records covered by those one or more applications exceeds the following number:\n (5) For the purposes of paragraph (4)(b), an item is the smallest discrete unit used by the Archives to describe a record in a series for purposes related to the care, management or retrieval of the record.\n\n (6) A particular extension under subsection (4) must not have the effect that an application’s initial period is extended under that subsection by more than the number of business days worked out using the following formula (rounding up to the nearest whole number):\n ![Start formula Unextended initial period times start fraction Items requested over Application cap end fraction end formula](image.002.png)\n\n> items requested means the number of items that the Director‑General reasonably believes describe the records covered by the one or more applications mentioned in paragraph (4)(b) in relation to the extension.\n\n> unextended initial period means the number of business days in the initial period under subparagraph (1)(a)(i) or (ii), disregarding any extensions under this section.\n\n (7) The Director‑General may vary or revoke an extension under subsection (4) by written notice given to the applicant before the end of the period of the extension. This subsection does not limit subsection 33(3) of the Acts Interpretation Act 1901.\n (8) For the purposes of applying subsection (6) in relation to an extension that is varied under subsection (7), the number of items mentioned in paragraph (4)(b) is to be determined on the basis of applications made by the applicant as at the time of the variation.\n (9) The Director‑General must take into account the matters (if any) prescribed by the regulations for the purposes of this subsection in:\n\n","sortOrder":58},{"sectionNumber":"40B","sectionType":"section","heading":"Applications for access to records made by persons acting in concert etc.","content":"## 40B Applications for access to records made by persons acting in concert etc.\n\n (1) The Director‑General may, by writing, determine that an application to which section 40 applies that was made by a person (the first person) is taken for the purposes of this Act to have been made by another person if the Director‑General reasonably suspects that the first person:\n in accordance with the directions, instructions or wishes of, or in concert with, the other person in relation to the making of such applications.\n (3) The Director‑General must give written notice of the determination to both of the persons mentioned in subsection (1).\n\n","sortOrder":59},{"sectionNumber":"Div Division 4","sectionType":"division","heading":"Review of decisions","content":"## Division 4 Review of decisions\n\n (iii) overseeing Commonwealth record‑keeping, by determining standards and providing advice to Commonwealth institutions; and\n\n (a) an authority, body, tribunal or organization, whether incorporated or unincorporated, established for a public purpose:\n (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;\n (f) a body established by or under an enactment within the meaning of the Australian Capital Territory (Self‑Government) Act 1988;\n\n> 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.\n\n> Census information means information transferred to the custody of the Archives under section 8A of the Census and Statistics Act 1905.\n\n (a) the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); or\n\n> 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.\n\n> 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.\n\n (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;\n\n> 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.\n\n> 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.\n\n (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\n (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;\n\n> Independent Review means the Independent Review into the workplaces of Parliamentarians and their staff conducted under the Australian Human Rights Commission Act 1986 by the Sex Discrimination Commissioner (within the meaning of that Act).\n\n (a) a document given to, or received by, the Independent Review, or a person performing functions in relation to the Review, for the purposes of the Review; or\n (b) a document brought into existence by the Independent Review or a person performing functions in relation to the Review.\n\n> material of the Archives means records in the care of the Archives (other than current Commonwealth records relating to the administration of the Archives).\n\n> object does not include a building or other structure or a vessel, aircraft or vehicle, other than a prescribed vessel, aircraft or vehicle.\n\n (a) a document given to, or received by, any of the following bodies in connection with the performance of the body’s functions:\n (c) a document transferred to the Parliamentary Workplace Support Service under item 4 of Schedule 2 to the Parliamentary Workplace Support Service (Consequential Amendments and Transitional Provisions) Act 2023;\n\n> record means a document, or an object, in any form (including any electronic form) that is, or has been, kept by reason of:\n\n> responsible Minister, in relation to a Commonwealth record, means the Minister to whose ministerial responsibilities the record is most closely related.\n\n> Royal Commission means a Commissioner or Commissioners appointed by the Governor‑General in the name of the Sovereign to make inquiry and report upon any matter.\n\n (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:\n (b) the legal basis, origin, development, organization or activities of the Commonwealth or of a Commonwealth institution;\n (e) an international or other organization the membership of which includes, or has included, the Commonwealth or a Commonwealth institution;\n (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;\n (g) material that relates only or principally to the history or government of a State or the Northern Territory or of a Colony that became part of the Commonwealth, not being:\n (h) material, other than Commonwealth records, relating only to a place that has been, but has ceased to be, a Territory; or\n (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:\n (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.\n (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.\n (7) For the purposes of this Act, subject to sections 22A, 22B and 22C, work out when a record is in the open access period in accordance with the following table:\n\n

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.

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.

\n```\n\n (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\n (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);\n\n 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:\n 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.\n\n 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.\n\n (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.\n\n> 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).\n\n (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)).\n (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).\n\n (1A) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (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\n (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\n (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\n (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\n (k) to conduct research, and provide advice, in relation to the management and preservation of records and other archival material; and\n (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\n (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.\n (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.\n\n (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:\n (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;\n (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;\n (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;\n (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;\n (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;\n (j) on request, assist Commonwealth institutions in the training of persons responsible for the keeping of current Commonwealth records;\n (k) train, or assist in the training of, persons, other than persons responsible for the keeping of current Commonwealth records, for work in connection with records and other archival material;\n (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.\n (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.\n\n (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.\n (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\n (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.\n\n (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.\n (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.\n (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.\n\n (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.\n (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.\n\n (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.\n (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.\n (5) A member chosen by either House of the Parliament or appointed by the Minister is eligible for further choice or re‑appointment.\n (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.\n\n (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.\n (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.\n\n (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.\n (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.\n\n (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.\n (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.\n (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.\n\n (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.\n (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.\n (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.\n (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.\n\n (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.\n (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.\n (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.\n\n (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.\n (4) At a meeting of the Council a majority of the members of the Council for the time being holding office constitute a quorum.\n (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.\n (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.\n (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.\n (9) Questions arising at a meeting of the Council shall be determined by a majority of the votes of the members present and voting.\n (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.\n (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.\n\n 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.\n\n (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.\n (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.\n\n (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.\n (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:\n (a) in the case of records in the possession of the Senate or of the Department of the Senate—the President of the Senate;\n (b) in the case of records in the possession of the House of Representatives or of the Department of the House of Representatives—the Speaker of the House of Representatives; or\n (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;\n (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.\n\n (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.\n (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.\n\n (a) the records kept by a Royal Commission, whether the inquiry commenced or was completed before or after the commencement of this Part; and\n (2) The Commonwealth is entitled to the possession of records kept by a Royal Commission, or by a Commission of inquiry, that are no 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.\n (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.\n (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.\n (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\n (b) the Agriculture Minister (within the meaning of the Biosecurity Act 2015) is taken to be the responsible Minister in relation to the records of the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); and\n (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.\n (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.\n\n (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:\n\n

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.

\n```\n\n> 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)).\n\n (1) For the purposes of this Act, a record containing Census information from a particular Census is in the open access period for that Census if a period of 99 years has elapsed since the Census day for that Census.\n\n> 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.\n\n (1) For the purposes of this Act, a record that is an Independent Review document or a PWSS document is in the open access period on and after 1 January in the year that is 99 years after the calendar year that the record came into existence.\n (2) Subsection (1) applies in relation to an Independent Review document, whether the Independent Review commenced before or after the commencement of this section.\n (2A) Subsection (1) applies in relation to a PWSS document, whether the document is brought into existence before, on or after the commencement of this subsection.\n\n 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:\n (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 or another country; or\n (b) for the purpose of an agreement between the Commonwealth and any State or States, the Australian Capital Territory, the Northern Territory or another country;\n\n (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.\n\n (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\n (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.\n (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.\n (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.\n (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.\n\n (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;\n (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\n (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.\n (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.\n\n> Note: In certain circumstances a Commonwealth institution or Minister can exempt a record from this section (see section 29).\n\n (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.\n (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\n\n 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.\n\n> Note: In certain circumstances a Commonwealth institution or Minister can exempt a record from this section (see section 29).\n\n 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:\n (a) the records of the company or association that were in existence prior to that day continue to be Commonwealth records; and\n (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.\n\n (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 Commonwealth institution or relating to the functions of the Commonwealth institution, is:\n (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;\n 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.\n (2) Notwithstanding subsection (1), the responsible Minister may determine that a Commonwealth record, or each record in a class of Commonwealth records, is:\n (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;\n 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.\n (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.\n\n> 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.\n\n (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;\n 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.\n (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.\n (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:\n (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) or subsection 33(4A) or (4C); and\n (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:\n (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) or subsection 33(4A) or (4C); and\n (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:\n (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:\n\n (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:\n\n> 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.\n\n (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.\n\n (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).\n\n> Note: Section 122.4 of the Criminal Code creates an offence in relation to the disclosure of information by Commonwealth officers.\n\n (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:\n\n> 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.\n\n (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.\n\n> 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.\n\n (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\n (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.\n\n (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.\n (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.\n\n (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:\n (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;\n (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\n (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;\n (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;\n (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\n (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\n (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);\n (h) information or matter relating to trade secrets, or any other information or matter having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information or matter were disclosed;\n (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.\n (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:\n (a) a person who is providing, or has provided, confidential information to the Australian Crime Commission in relation to such a matter; or\n (b) a person who is providing, or has provided, confidential information to the Australian Federal Police in relation to such a matter; or\n (ba) a person who is providing, or has provided, confidential information to the Inspector of the National Anti‑Corruption Commission, or the National Anti‑Corruption Commissioner or another staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022), in relation to such a matter; or\n (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.\n (i) that relates to the personal affairs, or the business or professional affairs, of any person (including a deceased person); or\n (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.\n (ii) from which the identity of a person referred to in subparagraph (i) could reasonably be inferred, or that could reasonably lead to the identity of such a person being established; and\n (b) the information or matter has not been made public by means of broadcasting or reporting proceedings of the Parliament as authorised by the Parliament;\n unless the Minister administering section 92 of the Australian Security Intelligence Organisation Act 1979 or the Director‑General of Security has consented in writing to the information or matter being made public.\n (a) the consent of the Minister administering section 92 of the Australian Security Intelligence Organisation Act 1979 or the Director‑General of Security has been given in relation to information or a matter for the purposes of that section (before, on or after the commencement of this subsection); and\n (b) that information or matter is substantially the same as the information or matter referred to in subsection (4A) of this section;\n the consent referred to in paragraph (a) of this subsection is taken also to be consent given for the purposes of subsection (4A).\n (i) that identifies a person as being, or having been, a staff member of the Australian Secret Intelligence Service (ASIS) (within the meaning of the Intelligence Services Act 2001) or an agent of ASIS; or\n (ii) from which the identity of a person referred to in subparagraph (i) could reasonably be inferred, or that could reasonably lead to the identity of such a person being established; and\n (b) the information or matter has not been made public by means of broadcasting or reporting proceedings of the Parliament as authorised by the Parliament;\n unless the responsible Minister for ASIS (within the meaning of the Intelligence Services Act 2001) or the Director‑General of ASIS has consented in writing to the information or matter being made public.\n (a) the consent of the responsible Minister for ASIS (within the meaning of the Intelligence Services Act 2001) or the Director‑General of ASIS has been given in relation to information for the purposes of section 41 of that Act (before, on or after the commencement of this subsection); and\n the consent referred to in paragraph (a) of this subsection is taken also to be consent given for the purposes of subsection (4C).\n (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.\n\n> Note: A reference to a Minister mentioned in this section may include a reference to a person acting as that Minister (see subsection 19(4) of the Acts Interpretation Act 1901).\n\n (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.\n (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.\n (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.\n (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.\n (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.\n\n (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.\n (b) on payment of a charge determined in accordance with the regulations, provision to the person of a copy of the record;\n (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;\n (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 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.\n (3) Subject to subsection (4), where a person has applied for access in a particular form, access shall be given in that form.\n (a) would interfere unreasonably with the operations of the Archives or of another Commonwealth institution that has the custody of the record;\n (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;\n (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.\n\n (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.\n (2) Where a record is withheld in accordance with subsection (1), a copy shall be provided where, in the opinion of the Director‑General, it is practicable to do so without detriment to the proper preservation or safe custody of the record.\n\n 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.\n\n (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) or subsection 33(4A) or (4C).\n (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:\n (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) or subsection 33(4A) or (4C), as the case may be.\n\n (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:\n (c) specifying an address in Australia at which notices under this Act may be sent to the person making the application; and\n (d) providing such particulars, if any, concerning the record to which it relates as are contained in any index or guide published by the Archives.\n\n> Note: A determination under section 40B (applications made by persons acting in concert etc.) may have the effect that the application is taken to have been made by someone other than the person who actually made it.\n\n (2) The Archives shall give all reasonable assistance to persons to enable them to make applications complying with paragraph (1)(d).\n (3) The Archives must take all reasonable steps to notify the applicant of a decision on an application to which this section applies:\n (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:\n (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;\n (b) where the decision is a decision of the Archives—state the name and designation of the person making the decision; and\n (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).\n (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.\n 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.\n (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 end of the consideration period for the application under section 40A), an application to the Tribunal under section 43 of this Act by virtue of subsection (8) 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.\n (10) Where such a complaint is made before the end of the consideration period for the application under section 40A, the Ombudsman, after having investigated the complaint, may, if he or she is of the opinion that 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.\n (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.\n (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.\n\n (1) The consideration period for an application to which section 40 applies is the period starting on the day after the application is received by the Archives and ending:\n (b) if the initial period is extended on one or more occasions under this section—at the end of the initial period as so extended.\n (2) The Director‑General may, with the applicant’s written agreement and before the end of the consideration period, by written notice given to the applicant extend the application’s initial period (including that period as previously extended under this section) by a specified number of business days.\n (3) If the Director‑General requests the applicant to enter into an agreement for the purposes of subsection (2), the Director‑General must inform the applicant that he or she is not obliged to comply with the request.\n (4) The Director‑General may, before the end of the consideration period, by written notice given to the applicant extend the application’s initial period (including that period as previously extended under this section) by a specified number of business days, if the Director‑General reasonably believes that:\n (b) the number of items that describe the records covered by those one or more applications exceeds the following number:\n (5) For the purposes of paragraph (4)(b), an item is the smallest discrete unit used by the Archives to describe a record in a series for purposes related to the care, management or retrieval of the record.\n\n (6) A particular extension under subsection (4) must not have the effect that an application’s initial period is extended under that subsection by more than the number of business days worked out using the following formula (rounding up to the nearest whole number):\n ![Start formula Unextended initial period times start fraction Items requested over Application cap end fraction end formula](image.002.png)\n\n> items requested means the number of items that the Director‑General reasonably believes describe the records covered by the one or more applications mentioned in paragraph (4)(b) in relation to the extension.\n\n> unextended initial period means the number of business days in the initial period under subparagraph (1)(a)(i) or (ii), disregarding any extensions under this section.\n\n (7) The Director‑General may vary or revoke an extension under subsection (4) by written notice given to the applicant before the end of the period of the extension. This subsection does not limit subsection 33(3) of the Acts Interpretation Act 1901.\n (8) For the purposes of applying subsection (6) in relation to an extension that is varied under subsection (7), the number of items mentioned in paragraph (4)(b) is to be determined on the basis of applications made by the applicant as at the time of the variation.\n (9) The Director‑General must take into account the matters (if any) prescribed by the regulations for the purposes of this subsection in:\n\n (1) The Director‑General may, by writing, determine that an application to which section 40 applies that was made by a person (the first person) is taken for the purposes of this Act to have been made by another person if the Director‑General reasonably suspects that the first person:\n in accordance with the directions, instructions or wishes of, or in concert with, the other person in relation to the making of such applications.\n (3) The Director‑General must give written notice of the determination to both of the persons mentioned in subsection (1).\n\n (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.\n (a) reconsider the decision and for that purpose arrange for any necessary review under section 35 of a determination under that section; and\n (b) give notice to the applicant of the decision on the reconsideration as soon as practicable, and within 30 business days, after the day the application for the reconsideration is received by the Archives (whether or not that decision confirms the previous decision).\n (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.\n (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.\n\n (1) Subject to this section, an application may be made to the Administrative Review Tribunal for a review of a decision of the Archives in respect of access to a record, being:\n (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;\n (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;\n (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;\n (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;\n (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\n (f) a decision refusing to allow a further period for making an application under subsection 42(1) for a reconsideration of a decision.\n (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.\n and such an application to the Tribunal may be treated by the Tribunal as having been made within the time allowed by subsection (4) if it appears to the Tribunal that there was no unreasonable delay in making the application to the Tribunal.\n (4) Notwithstanding section 18 of the Administrative Review Tribunal Act 2024, 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:\n (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;\n (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\n (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.\n (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.\n (6) Section 268 of the Administrative Review Tribunal Act 2024 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.\n (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 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.\n\n (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.\n (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.\n (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.\n (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.\n\n For the purposes of this Part and of the application of the Administrative Review Tribunal Act 2024 in respect of proceedings under this Part, a decision given by the Archives is taken to have been given by the Director‑General.\n\n (1) This section applies in a proceeding before the Tribunal in relation to review of a decision of the Archives in respect of access to a record that:\n (a) 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\n (i) the performance of the functions or duties, or the exercise of the powers, of a body mentioned in paragraph (a) of the definition of intelligence agency in subsection 3(1) of the Inspector‑General of Intelligence and Security Act 1986; or\n (ii) the performance of an intelligence function (within the meaning of that Act) of a body mentioned in paragraph (b) of that definition; and\n (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:\n (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\n (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:\n (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);\n (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 Tribunal must request the Inspector‑General to appear personally and give evidence on:\n (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\n (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:\n (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);\n (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:\n (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.\n (a) the Tribunal must allow the Inspector‑General to take possession of, and make copies of or take extracts from, any record given to the Tribunal for the purposes of the proceeding; and\n (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\n (c) the Inspector‑General may require the production of any Commonwealth record that relates to the record mentioned in paragraph (b); and\n (d) the Inspector‑General may make copies of, or take extracts, from the records mentioned in paragraphs (b) and (c); and\n (e) after such period as is reasonably necessary for the purposes of giving evidence to the Tribunal, the Inspector‑General must:\n (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.\n (8) The Tribunal is not bound by any opinion of the Inspector‑General expressed while giving evidence under this section.\n (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:\n (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.\n\n (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\n\n (1) In determining whether the Tribunal is satisfied that it is desirable to make an order or orders under subsection 69(3) or 70(1) or (2) of the Administrative Review Tribunal Act 2024 for the purposes of proceedings in relation to an application under section 43, the Tribunal must have regard to:\n (a) 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\n (b) the necessity of avoiding the disclosure to the applicant of information of the kind referred to in subsection 39(1).\n (a) the Tribunal shall not, in its decision, or reasons for a decision, in a matter arising under this Act, include any matter or information of a kind referred to in paragraph (1)(a) or (b); and\n (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) or (b).\n\n (1) Sections 23, 25 and 26 of the Administrative Review Tribunal Act 2024 do 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.\n (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:\n (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\n (1B) If the Tribunal is satisfied as mentioned in subsection (1A), section 27 of the Administrative Review Tribunal Act 2024 does not apply in relation to the document.\n (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:\n (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\n (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 187 of the Administrative Review Tribunal Act 2024, 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.\n (6) Subsection (5) does not prevent the Federal Court of Australia from causing the document concerned to be sent to the Federal Circuit and Family Court of Australia (Division 2) as mentioned in subsection 187(2) of the Administrative Review Tribunal Act 2024.\n (7) If a document produced in accordance with subsection (1) or (2) is sent to the Federal Circuit and Family Court of Australia (Division 2) as mentioned in subsection 187(2) of the Administrative Review Tribunal Act 2024, the Federal Circuit and Family Court of Australia (Division 2) 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:\n (a) the Judge who constitutes the Federal Circuit and Family Court of Australia (Division 2) for the purposes of the proceeding before the Federal Circuit and Family Court of Australia (Division 2); or\n (b) a member of the staff of the Federal Circuit and Family Court of Australia (Division 2) in the course of the performance of his or her duties as a member of that staff.\n\n (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.\n (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.\n (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.\n (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.\n (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.\n\n (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\n (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.\n (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:\n (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 and Family Court of Australia (Division 2), the stay continues to have effect until the earlier of:\n (a) the time at which the decision of the Federal Circuit and Family Court of Australia (Division 2) on the appeal takes effect; and\n (a) prevents a person making from an application under section 123 of the Administrative Review Tribunal Act 2024 for the decision of the Tribunal to be referred to the guidance and appeals panel; or\n (b) affects the power of the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2) to make orders under section 178 of the Administrative Review Tribunal Act 2024 in relation to matters other than staying the decision of the Tribunal.\n\n (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.\n (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.\n\n (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.\n (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:\n (a) each request for access to a document under subsection (2) that is made during the period to which the statement relates; and\n\n (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:\n (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;\n (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\n (c) a person concerned in the authorizing or giving of the access does not commit a criminal offence by reason only of the authorizing or giving of the access.\n 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.\n (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.\n\n 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.\n\n 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.\n\n 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.\n\n (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.\n (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.\n (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.\n (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.\n (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.\n\n (1) Subject to this Part, material of the Archives shall be kept at such places as the Director‑General considers appropriate.\n (2) In considering the places at which material of the Archives should be kept, the Director‑General shall take into account:\n (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.\n (3) Copies of records forming part of the material of the Archives may be kept in such places as the Director‑General considers appropriate.\n\n (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.\n (c) enable the Archives to meet its obligations under subsections 29(3), 30(1) and 31(1) in respect of that material; and\n (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.\n\n (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.\n\n (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.\n (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.\n\n (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.\n (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.\n\n the Archives may make a charge for the service of an amount, or at a rate, determined in writing by the Director‑General.\n\n (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.\n (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.\n (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.\n\n 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:\n\n","sortOrder":60},{"sectionNumber":"42","sectionType":"section","heading":"Internal reconsideration of decisions","content":"## 42 Internal reconsideration of decisions\n\n (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.\n (a) reconsider the decision and for that purpose arrange for any necessary review under section 35 of a determination under that section; and\n (b) give notice to the applicant of the decision on the reconsideration as soon as practicable, and within 30 business days, after the day the application for the reconsideration is received by the Archives (whether or not that decision confirms the previous decision).\n (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.\n (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.\n\n","sortOrder":61},{"sectionNumber":"43","sectionType":"section","heading":"Applications to Administrative Review Tribunal","content":"## 43 Applications to Administrative Review Tribunal\n\n (1) Subject to this section, an application may be made to the Administrative Review Tribunal for a review of a decision of the Archives in respect of access to a record, being:\n (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;\n (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;\n (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;\n (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;\n (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\n (f) a decision refusing to allow a further period for making an application under subsection 42(1) for a reconsideration of a decision.\n (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.\n and such an application to the Tribunal may be treated by the Tribunal as having been made within the time allowed by subsection (4) if it appears to the Tribunal that there was no unreasonable delay in making the application to the Tribunal.\n (4) Notwithstanding section 18 of the Administrative Review Tribunal Act 2024, 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:\n (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;\n (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\n (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.\n (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.\n (6) Section 268 of the Administrative Review Tribunal Act 2024 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.\n (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 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.\n\n","sortOrder":62},{"sectionNumber":"44","sectionType":"section","heading":"Powers of Tribunal","content":"## 44 Powers of Tribunal\n\n (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.\n (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.\n (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.\n (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.\n\n","sortOrder":63},{"sectionNumber":"50","sectionType":"section","heading":"Parties","content":"## 50 Parties\n\n For the purposes of this Part and of the application of the Administrative Review Tribunal Act 2024 in respect of proceedings under this Part, a decision given by the Archives is taken to have been given by the Director‑General.\n\n","sortOrder":64},{"sectionNumber":"50A","sectionType":"section","heading":"Inspector‑General of Intelligence and Security must be requested to give evidence in certain proceedings","content":"## 50A Inspector‑General of Intelligence and Security must be requested to give evidence in certain proceedings\n\n (1) This section applies in a proceeding before the Tribunal in relation to review of a decision of the Archives in respect of access to a record that:\n (a) 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\n (i) the performance of the functions or duties, or the exercise of the powers, of a body mentioned in paragraph (a) of the definition of intelligence agency in subsection 3(1) of the Inspector‑General of Intelligence and Security Act 1986; or\n (ii) the performance of an intelligence function (within the meaning of that Act) of a body mentioned in paragraph (b) of that definition; and\n (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:\n (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\n (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:\n (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);\n (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 Tribunal must request the Inspector‑General to appear personally and give evidence on:\n (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\n (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:\n (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);\n (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:\n (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.\n (a) the Tribunal must allow the Inspector‑General to take possession of, and make copies of or take extracts from, any record given to the Tribunal for the purposes of the proceeding; and\n (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\n (c) the Inspector‑General may require the production of any Commonwealth record that relates to the record mentioned in paragraph (b); and\n (d) the Inspector‑General may make copies of, or take extracts, from the records mentioned in paragraphs (b) and (c); and\n (e) after such period as is reasonably necessary for the purposes of giving evidence to the Tribunal, the Inspector‑General must:\n (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.\n (8) The Tribunal is not bound by any opinion of the Inspector‑General expressed while giving evidence under this section.\n (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:\n (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.\n\n","sortOrder":65},{"sectionNumber":"51","sectionType":"section","heading":"Onus","content":"## 51 Onus\n\n (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\n\n","sortOrder":66},{"sectionNumber":"52","sectionType":"section","heading":"Tribunal to ensure non‑disclosure of certain matters","content":"## 52 Tribunal to ensure non‑disclosure of certain matters\n\n (1) In determining whether the Tribunal is satisfied that it is desirable to make an order or orders under subsection 69(3) or 70(1) or (2) of the Administrative Review Tribunal Act 2024 for the purposes of proceedings in relation to an application under section 43, the Tribunal must have regard to:\n (a) 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\n (b) the necessity of avoiding the disclosure to the applicant of information of the kind referred to in subsection 39(1).\n (a) the Tribunal shall not, in its decision, or reasons for a decision, in a matter arising under this Act, include any matter or information of a kind referred to in paragraph (1)(a) or (b); and\n (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) or (b).\n\n","sortOrder":67},{"sectionNumber":"53","sectionType":"section","heading":"Production of exempt records","content":"## 53 Production of exempt records\n\n (1) Sections 23, 25 and 26 of the Administrative Review Tribunal Act 2024 do 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.\n (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:\n (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\n (1B) If the Tribunal is satisfied as mentioned in subsection (1A), section 27 of the Administrative Review Tribunal Act 2024 does not apply in relation to the document.\n (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:\n (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\n (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 187 of the Administrative Review Tribunal Act 2024, 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.\n (6) Subsection (5) does not prevent the Federal Court of Australia from causing the document concerned to be sent to the Federal Circuit and Family Court of Australia (Division 2) as mentioned in subsection 187(2) of the Administrative Review Tribunal Act 2024.\n (7) If a document produced in accordance with subsection (1) or (2) is sent to the Federal Circuit and Family Court of Australia (Division 2) as mentioned in subsection 187(2) of the Administrative Review Tribunal Act 2024, the Federal Circuit and Family Court of Australia (Division 2) 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:\n (a) the Judge who constitutes the Federal Circuit and Family Court of Australia (Division 2) for the purposes of the proceeding before the Federal Circuit and Family Court of Australia (Division 2); or\n (b) a member of the staff of the Federal Circuit and Family Court of Australia (Division 2) in the course of the performance of his or her duties as a member of that staff.\n\n","sortOrder":68},{"sectionNumber":"55","sectionType":"section","heading":"Complaints to Ombudsman","content":"## 55 Complaints to Ombudsman\n\n (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.\n (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.\n (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.\n (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.\n (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.\n\n","sortOrder":69},{"sectionNumber":"55A","sectionType":"section","heading":"Automatic stay of certain decisions on appeal","content":"## 55A Automatic stay of certain decisions on appeal\n\n (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\n (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.\n (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:\n (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 and Family Court of Australia (Division 2), the stay continues to have effect until the earlier of:\n (a) the time at which the decision of the Federal Circuit and Family Court of Australia (Division 2) on the appeal takes effect; and\n (a) prevents a person making from an application under section 123 of the Administrative Review Tribunal Act 2024 for the decision of the Tribunal to be referred to the guidance and appeals panel; or\n (b) affects the power of the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2) to make orders under section 178 of the Administrative Review Tribunal Act 2024 in relation to matters other than staying the decision of the Tribunal.\n\n","sortOrder":70},{"sectionNumber":"Div Division 5","sectionType":"division","heading":"Miscellaneous","content":"## Division 5 Miscellaneous\n\n (iii) overseeing Commonwealth record‑keeping, by determining standards and providing advice to Commonwealth institutions; and\n\n (a) an authority, body, tribunal or organization, whether incorporated or unincorporated, established for a public purpose:\n (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;\n (f) a body established by or under an enactment within the meaning of the Australian Capital Territory (Self‑Government) Act 1988;\n\n> 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.\n\n> Census information means information transferred to the custody of the Archives under section 8A of the Census and Statistics Act 1905.\n\n (a) the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); or\n\n> 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.\n\n> 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.\n\n (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;\n\n> 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.\n\n> 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.\n\n (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\n (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;\n\n> Independent Review means the Independent Review into the workplaces of Parliamentarians and their staff conducted under the Australian Human Rights Commission Act 1986 by the Sex Discrimination Commissioner (within the meaning of that Act).\n\n (a) a document given to, or received by, the Independent Review, or a person performing functions in relation to the Review, for the purposes of the Review; or\n (b) a document brought into existence by the Independent Review or a person performing functions in relation to the Review.\n\n> material of the Archives means records in the care of the Archives (other than current Commonwealth records relating to the administration of the Archives).\n\n> object does not include a building or other structure or a vessel, aircraft or vehicle, other than a prescribed vessel, aircraft or vehicle.\n\n (a) a document given to, or received by, any of the following bodies in connection with the performance of the body’s functions:\n (c) a document transferred to the Parliamentary Workplace Support Service under item 4 of Schedule 2 to the Parliamentary Workplace Support Service (Consequential Amendments and Transitional Provisions) Act 2023;\n\n> record means a document, or an object, in any form (including any electronic form) that is, or has been, kept by reason of:\n\n> responsible Minister, in relation to a Commonwealth record, means the Minister to whose ministerial responsibilities the record is most closely related.\n\n> Royal Commission means a Commissioner or Commissioners appointed by the Governor‑General in the name of the Sovereign to make inquiry and report upon any matter.\n\n (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:\n (b) the legal basis, origin, development, organization or activities of the Commonwealth or of a Commonwealth institution;\n (e) an international or other organization the membership of which includes, or has included, the Commonwealth or a Commonwealth institution;\n (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;\n (g) material that relates only or principally to the history or government of a State or the Northern Territory or of a Colony that became part of the Commonwealth, not being:\n (h) material, other than Commonwealth records, relating only to a place that has been, but has ceased to be, a Territory; or\n (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:\n (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.\n (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.\n (7) For the purposes of this Act, subject to sections 22A, 22B and 22C, work out when a record is in the open access period in accordance with the following table:\n\n

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.

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.

\n```\n\n (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\n (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);\n\n 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:\n 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.\n\n 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.\n\n (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.\n\n> 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).\n\n (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)).\n (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).\n\n (1A) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n (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\n (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\n (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\n (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\n (k) to conduct research, and provide advice, in relation to the management and preservation of records and other archival material; and\n (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\n (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.\n (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.\n\n (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:\n (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;\n (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;\n (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;\n (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;\n (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;\n (j) on request, assist Commonwealth institutions in the training of persons responsible for the keeping of current Commonwealth records;\n (k) train, or assist in the training of, persons, other than persons responsible for the keeping of current Commonwealth records, for work in connection with records and other archival material;\n (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.\n (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.\n\n (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.\n (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\n (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.\n\n (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.\n (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.\n (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.\n\n (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.\n (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.\n\n (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.\n (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.\n (5) A member chosen by either House of the Parliament or appointed by the Minister is eligible for further choice or re‑appointment.\n (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.\n\n (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.\n (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.\n\n (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.\n (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.\n\n (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.\n (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.\n (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.\n\n (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.\n (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.\n (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.\n (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.\n\n (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.\n (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.\n (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.\n\n (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.\n (4) At a meeting of the Council a majority of the members of the Council for the time being holding office constitute a quorum.\n (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.\n (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.\n (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.\n (9) Questions arising at a meeting of the Council shall be determined by a majority of the votes of the members present and voting.\n (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.\n (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.\n\n 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.\n\n (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.\n (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.\n\n (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.\n (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:\n (a) in the case of records in the possession of the Senate or of the Department of the Senate—the President of the Senate;\n (b) in the case of records in the possession of the House of Representatives or of the Department of the House of Representatives—the Speaker of the House of Representatives; or\n (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;\n (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.\n\n (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.\n (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.\n\n (a) the records kept by a Royal Commission, whether the inquiry commenced or was completed before or after the commencement of this Part; and\n (2) The Commonwealth is entitled to the possession of records kept by a Royal Commission, or by a Commission of inquiry, that are no 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.\n (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.\n (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.\n (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\n (b) the Agriculture Minister (within the meaning of the Biosecurity Act 2015) is taken to be the responsible Minister in relation to the records of the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); and\n (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.\n (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.\n\n (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:\n\n

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.

\n```\n\n> 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)).\n\n (1) For the purposes of this Act, a record containing Census information from a particular Census is in the open access period for that Census if a period of 99 years has elapsed since the Census day for that Census.\n\n> 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.\n\n (1) For the purposes of this Act, a record that is an Independent Review document or a PWSS document is in the open access period on and after 1 January in the year that is 99 years after the calendar year that the record came into existence.\n (2) Subsection (1) applies in relation to an Independent Review document, whether the Independent Review commenced before or after the commencement of this section.\n (2A) Subsection (1) applies in relation to a PWSS document, whether the document is brought into existence before, on or after the commencement of this subsection.\n\n 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:\n (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 or another country; or\n (b) for the purpose of an agreement between the Commonwealth and any State or States, the Australian Capital Territory, the Northern Territory or another country;\n\n (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.\n\n (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\n (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.\n (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.\n (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.\n (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.\n\n (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;\n (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\n (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.\n (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.\n\n> Note: In certain circumstances a Commonwealth institution or Minister can exempt a record from this section (see section 29).\n\n (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.\n (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\n\n 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.\n\n> Note: In certain circumstances a Commonwealth institution or Minister can exempt a record from this section (see section 29).\n\n 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:\n (a) the records of the company or association that were in existence prior to that day continue to be Commonwealth records; and\n (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.\n\n (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 Commonwealth institution or relating to the functions of the Commonwealth institution, is:\n (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;\n 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.\n (2) Notwithstanding subsection (1), the responsible Minister may determine that a Commonwealth record, or each record in a class of Commonwealth records, is:\n (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;\n 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.\n (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.\n\n> 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.\n\n (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;\n 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.\n (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.\n (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:\n (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) or subsection 33(4A) or (4C); and\n (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:\n (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) or subsection 33(4A) or (4C); and\n (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:\n (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:\n\n (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:\n\n> 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.\n\n (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.\n\n (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).\n\n> Note: Section 122.4 of the Criminal Code creates an offence in relation to the disclosure of information by Commonwealth officers.\n\n (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:\n\n> 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.\n\n (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.\n\n> 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.\n\n (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\n (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.\n\n (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.\n (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.\n\n (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:\n (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;\n (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\n (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;\n (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;\n (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\n (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\n (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);\n (h) information or matter relating to trade secrets, or any other information or matter having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information or matter were disclosed;\n (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.\n (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:\n (a) a person who is providing, or has provided, confidential information to the Australian Crime Commission in relation to such a matter; or\n (b) a person who is providing, or has provided, confidential information to the Australian Federal Police in relation to such a matter; or\n (ba) a person who is providing, or has provided, confidential information to the Inspector of the National Anti‑Corruption Commission, or the National Anti‑Corruption Commissioner or another staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022), in relation to such a matter; or\n (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.\n (i) that relates to the personal affairs, or the business or professional affairs, of any person (including a deceased person); or\n (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.\n (ii) from which the identity of a person referred to in subparagraph (i) could reasonably be inferred, or that could reasonably lead to the identity of such a person being established; and\n (b) the information or matter has not been made public by means of broadcasting or reporting proceedings of the Parliament as authorised by the Parliament;\n unless the Minister administering section 92 of the Australian Security Intelligence Organisation Act 1979 or the Director‑General of Security has consented in writing to the information or matter being made public.\n (a) the consent of the Minister administering section 92 of the Australian Security Intelligence Organisation Act 1979 or the Director‑General of Security has been given in relation to information or a matter for the purposes of that section (before, on or after the commencement of this subsection); and\n (b) that information or matter is substantially the same as the information or matter referred to in subsection (4A) of this section;\n the consent referred to in paragraph (a) of this subsection is taken also to be consent given for the purposes of subsection (4A).\n (i) that identifies a person as being, or having been, a staff member of the Australian Secret Intelligence Service (ASIS) (within the meaning of the Intelligence Services Act 2001) or an agent of ASIS; or\n (ii) from which the identity of a person referred to in subparagraph (i) could reasonably be inferred, or that could reasonably lead to the identity of such a person being established; and\n (b) the information or matter has not been made public by means of broadcasting or reporting proceedings of the Parliament as authorised by the Parliament;\n unless the responsible Minister for ASIS (within the meaning of the Intelligence Services Act 2001) or the Director‑General of ASIS has consented in writing to the information or matter being made public.\n (a) the consent of the responsible Minister for ASIS (within the meaning of the Intelligence Services Act 2001) or the Director‑General of ASIS has been given in relation to information for the purposes of section 41 of that Act (before, on or after the commencement of this subsection); and\n the consent referred to in paragraph (a) of this subsection is taken also to be consent given for the purposes of subsection (4C).\n (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.\n\n> Note: A reference to a Minister mentioned in this section may include a reference to a person acting as that Minister (see subsection 19(4) of the Acts Interpretation Act 1901).\n\n (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.\n (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.\n (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.\n (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.\n (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.\n\n (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.\n (b) on payment of a charge determined in accordance with the regulations, provision to the person of a copy of the record;\n (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;\n (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 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.\n (3) Subject to subsection (4), where a person has applied for access in a particular form, access shall be given in that form.\n (a) would interfere unreasonably with the operations of the Archives or of another Commonwealth institution that has the custody of the record;\n (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;\n (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.\n\n (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.\n (2) Where a record is withheld in accordance with subsection (1), a copy shall be provided where, in the opinion of the Director‑General, it is practicable to do so without detriment to the proper preservation or safe custody of the record.\n\n 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.\n\n (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) or subsection 33(4A) or (4C).\n (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:\n (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) or subsection 33(4A) or (4C), as the case may be.\n\n (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:\n (c) specifying an address in Australia at which notices under this Act may be sent to the person making the application; and\n (d) providing such particulars, if any, concerning the record to which it relates as are contained in any index or guide published by the Archives.\n\n> Note: A determination under section 40B (applications made by persons acting in concert etc.) may have the effect that the application is taken to have been made by someone other than the person who actually made it.\n\n (2) The Archives shall give all reasonable assistance to persons to enable them to make applications complying with paragraph (1)(d).\n (3) The Archives must take all reasonable steps to notify the applicant of a decision on an application to which this section applies:\n (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:\n (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;\n (b) where the decision is a decision of the Archives—state the name and designation of the person making the decision; and\n (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).\n (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.\n 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.\n (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 end of the consideration period for the application under section 40A), an application to the Tribunal under section 43 of this Act by virtue of subsection (8) 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.\n (10) Where such a complaint is made before the end of the consideration period for the application under section 40A, the Ombudsman, after having investigated the complaint, may, if he or she is of the opinion that 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.\n (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.\n (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.\n\n (1) The consideration period for an application to which section 40 applies is the period starting on the day after the application is received by the Archives and ending:\n (b) if the initial period is extended on one or more occasions under this section—at the end of the initial period as so extended.\n (2) The Director‑General may, with the applicant’s written agreement and before the end of the consideration period, by written notice given to the applicant extend the application’s initial period (including that period as previously extended under this section) by a specified number of business days.\n (3) If the Director‑General requests the applicant to enter into an agreement for the purposes of subsection (2), the Director‑General must inform the applicant that he or she is not obliged to comply with the request.\n (4) The Director‑General may, before the end of the consideration period, by written notice given to the applicant extend the application’s initial period (including that period as previously extended under this section) by a specified number of business days, if the Director‑General reasonably believes that:\n (b) the number of items that describe the records covered by those one or more applications exceeds the following number:\n (5) For the purposes of paragraph (4)(b), an item is the smallest discrete unit used by the Archives to describe a record in a series for purposes related to the care, management or retrieval of the record.\n\n (6) A particular extension under subsection (4) must not have the effect that an application’s initial period is extended under that subsection by more than the number of business days worked out using the following formula (rounding up to the nearest whole number):\n ![Start formula Unextended initial period times start fraction Items requested over Application cap end fraction end formula](image.002.png)\n\n> items requested means the number of items that the Director‑General reasonably believes describe the records covered by the one or more applications mentioned in paragraph (4)(b) in relation to the extension.\n\n> unextended initial period means the number of business days in the initial period under subparagraph (1)(a)(i) or (ii), disregarding any extensions under this section.\n\n (7) The Director‑General may vary or revoke an extension under subsection (4) by written notice given to the applicant before the end of the period of the extension. This subsection does not limit subsection 33(3) of the Acts Interpretation Act 1901.\n (8) For the purposes of applying subsection (6) in relation to an extension that is varied under subsection (7), the number of items mentioned in paragraph (4)(b) is to be determined on the basis of applications made by the applicant as at the time of the variation.\n (9) The Director‑General must take into account the matters (if any) prescribed by the regulations for the purposes of this subsection in:\n\n (1) The Director‑General may, by writing, determine that an application to which section 40 applies that was made by a person (the first person) is taken for the purposes of this Act to have been made by another person if the Director‑General reasonably suspects that the first person:\n in accordance with the directions, instructions or wishes of, or in concert with, the other person in relation to the making of such applications.\n (3) The Director‑General must give written notice of the determination to both of the persons mentioned in subsection (1).\n\n (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.\n (a) reconsider the decision and for that purpose arrange for any necessary review under section 35 of a determination under that section; and\n (b) give notice to the applicant of the decision on the reconsideration as soon as practicable, and within 30 business days, after the day the application for the reconsideration is received by the Archives (whether or not that decision confirms the previous decision).\n (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.\n (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.\n\n (1) Subject to this section, an application may be made to the Administrative Review Tribunal for a review of a decision of the Archives in respect of access to a record, being:\n (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;\n (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;\n (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;\n (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;\n (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\n (f) a decision refusing to allow a further period for making an application under subsection 42(1) for a reconsideration of a decision.\n (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.\n and such an application to the Tribunal may be treated by the Tribunal as having been made within the time allowed by subsection (4) if it appears to the Tribunal that there was no unreasonable delay in making the application to the Tribunal.\n (4) Notwithstanding section 18 of the Administrative Review Tribunal Act 2024, 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:\n (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;\n (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\n (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.\n (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.\n (6) Section 268 of the Administrative Review Tribunal Act 2024 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.\n (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 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.\n\n (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.\n (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.\n (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.\n (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.\n\n For the purposes of this Part and of the application of the Administrative Review Tribunal Act 2024 in respect of proceedings under this Part, a decision given by the Archives is taken to have been given by the Director‑General.\n\n (1) This section applies in a proceeding before the Tribunal in relation to review of a decision of the Archives in respect of access to a record that:\n (a) 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\n (i) the performance of the functions or duties, or the exercise of the powers, of a body mentioned in paragraph (a) of the definition of intelligence agency in subsection 3(1) of the Inspector‑General of Intelligence and Security Act 1986; or\n (ii) the performance of an intelligence function (within the meaning of that Act) of a body mentioned in paragraph (b) of that definition; and\n (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:\n (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\n (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:\n (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);\n (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 Tribunal must request the Inspector‑General to appear personally and give evidence on:\n (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\n (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:\n (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);\n (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:\n (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.\n (a) the Tribunal must allow the Inspector‑General to take possession of, and make copies of or take extracts from, any record given to the Tribunal for the purposes of the proceeding; and\n (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\n (c) the Inspector‑General may require the production of any Commonwealth record that relates to the record mentioned in paragraph (b); and\n (d) the Inspector‑General may make copies of, or take extracts, from the records mentioned in paragraphs (b) and (c); and\n (e) after such period as is reasonably necessary for the purposes of giving evidence to the Tribunal, the Inspector‑General must:\n (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.\n (8) The Tribunal is not bound by any opinion of the Inspector‑General expressed while giving evidence under this section.\n (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:\n (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.\n\n (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\n\n (1) In determining whether the Tribunal is satisfied that it is desirable to make an order or orders under subsection 69(3) or 70(1) or (2) of the Administrative Review Tribunal Act 2024 for the purposes of proceedings in relation to an application under section 43, the Tribunal must have regard to:\n (a) 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\n (b) the necessity of avoiding the disclosure to the applicant of information of the kind referred to in subsection 39(1).\n (a) the Tribunal shall not, in its decision, or reasons for a decision, in a matter arising under this Act, include any matter or information of a kind referred to in paragraph (1)(a) or (b); and\n (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) or (b).\n\n (1) Sections 23, 25 and 26 of the Administrative Review Tribunal Act 2024 do 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.\n (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:\n (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\n (1B) If the Tribunal is satisfied as mentioned in subsection (1A), section 27 of the Administrative Review Tribunal Act 2024 does not apply in relation to the document.\n (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:\n (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\n (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 187 of the Administrative Review Tribunal Act 2024, 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.\n (6) Subsection (5) does not prevent the Federal Court of Australia from causing the document concerned to be sent to the Federal Circuit and Family Court of Australia (Division 2) as mentioned in subsection 187(2) of the Administrative Review Tribunal Act 2024.\n (7) If a document produced in accordance with subsection (1) or (2) is sent to the Federal Circuit and Family Court of Australia (Division 2) as mentioned in subsection 187(2) of the Administrative Review Tribunal Act 2024, the Federal Circuit and Family Court of Australia (Division 2) 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:\n (a) the Judge who constitutes the Federal Circuit and Family Court of Australia (Division 2) for the purposes of the proceeding before the Federal Circuit and Family Court of Australia (Division 2); or\n (b) a member of the staff of the Federal Circuit and Family Court of Australia (Division 2) in the course of the performance of his or her duties as a member of that staff.\n\n (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.\n (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.\n (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.\n (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.\n (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.\n\n (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\n (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.\n (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:\n (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 and Family Court of Australia (Division 2), the stay continues to have effect until the earlier of:\n (a) the time at which the decision of the Federal Circuit and Family Court of Australia (Division 2) on the appeal takes effect; and\n (a) prevents a person making from an application under section 123 of the Administrative Review Tribunal Act 2024 for the decision of the Tribunal to be referred to the guidance and appeals panel; or\n (b) affects the power of the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2) to make orders under section 178 of the Administrative Review Tribunal Act 2024 in relation to matters other than staying the decision of the Tribunal.\n\n (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.\n (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.\n\n (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.\n (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:\n (a) each request for access to a document under subsection (2) that is made during the period to which the statement relates; and\n\n (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:\n (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;\n (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\n (c) a person concerned in the authorizing or giving of the access does not commit a criminal offence by reason only of the authorizing or giving of the access.\n 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.\n (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.\n\n 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.\n\n 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.\n\n 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.\n\n (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.\n (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.\n (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.\n (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.\n (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.\n\n (1) Subject to this Part, material of the Archives shall be kept at such places as the Director‑General considers appropriate.\n (2) In considering the places at which material of the Archives should be kept, the Director‑General shall take into account:\n (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.\n (3) Copies of records forming part of the material of the Archives may be kept in such places as the Director‑General considers appropriate.\n\n (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.\n (c) enable the Archives to meet its obligations under subsections 29(3), 30(1) and 31(1) in respect of that material; and\n (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.\n\n (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.\n\n (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.\n (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.\n\n (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.\n (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.\n\n the Archives may make a charge for the service of an amount, or at a rate, determined in writing by the Director‑General.\n\n (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.\n (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.\n (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.\n\n 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:\n\n","sortOrder":71},{"sectionNumber":"56","sectionType":"section","heading":"Arrangements for accelerated or special access","content":"## 56 Arrangements for accelerated or special access\n\n (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.\n (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.\n\n (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.\n (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:\n (a) each request for access to a document under subsection (2) that is made during the period to which the statement relates; and\n\n","sortOrder":72},{"sectionNumber":"57","sectionType":"section","heading":"Protection against certain actions","content":"## 57 Protection against certain actions\n\n (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:\n (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;\n (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\n (c) a person concerned in the authorizing or giving of the access does not commit a criminal offence by reason only of the authorizing or giving of the access.\n 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.\n (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.\n\n","sortOrder":73},{"sectionNumber":"58","sectionType":"section","heading":"Access to records apart from Act","content":"## 58 Access to records apart from Act\n\n 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.\n\n","sortOrder":74},{"sectionNumber":"59","sectionType":"section","heading":"Security classifications","content":"## 59 Security classifications\n\n 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.\n\n","sortOrder":75},{"sectionNumber":"60","sectionType":"section","heading":"Transitional provisions relating to access","content":"## 60 Transitional provisions relating to access\n\n 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.\n\n","sortOrder":76},{"sectionNumber":"Part Part VI","sectionType":"part","heading":"Samples of material for the Archives","content":"## Part VI Samples of material for the Archives\n\n","sortOrder":77},{"sectionNumber":"62","sectionType":"section","heading":"Samples of material for Archives","content":"## 62 Samples of material for Archives\n\n (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.\n (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.\n (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.\n (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.\n (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.\n\n","sortOrder":78},{"sectionNumber":"Part Part VII","sectionType":"part","heading":"Care of material of the Archives","content":"## Part VII Care of material of the Archives\n\n","sortOrder":79},{"sectionNumber":"63","sectionType":"section","heading":"Location of material of the Archives","content":"## 63 Location of material of the Archives\n\n (1) Subject to this Part, material of the Archives shall be kept at such places as the Director‑General considers appropriate.\n (2) In considering the places at which material of the Archives should be kept, the Director‑General shall take into account:\n (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.\n (3) Copies of records forming part of the material of the Archives may be kept in such places as the Director‑General considers appropriate.\n\n","sortOrder":80},{"sectionNumber":"64","sectionType":"section","heading":"Custody of material of the Archives other than by Archives","content":"## 64 Custody of material of the Archives other than by Archives\n\n (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.\n (c) enable the Archives to meet its obligations under subsections 29(3), 30(1) and 31(1) in respect of that material; and\n (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.\n\n (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.\n\n","sortOrder":81},{"sectionNumber":"Part Part IX","sectionType":"part","heading":"Miscellaneous","content":"## Part IX Miscellaneous\n\n","sortOrder":82},{"sectionNumber":"68","sectionType":"section","heading":"Annual Report by the Council","content":"## 68 Annual Report by the Council\n\n (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.\n (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.\n\n","sortOrder":83},{"sectionNumber":"69","sectionType":"section","heading":"Certified copies of records","content":"## 69 Certified copies of records\n\n (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.\n (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.\n\n","sortOrder":84},{"sectionNumber":"69A","sectionType":"section","heading":"Charges for discretionary service for Commonwealth institutions","content":"## 69A Charges for discretionary service for Commonwealth institutions\n\n the Archives may make a charge for the service of an amount, or at a rate, determined in writing by the Director‑General.\n\n","sortOrder":85},{"sectionNumber":"70","sectionType":"section","heading":"Transitional","content":"## 70 Transitional\n\n (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.\n (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.\n (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.\n\n","sortOrder":86},{"sectionNumber":"71","sectionType":"section","heading":"Regulations","content":"## 71 Regulations\n\n 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:","sortOrder":87}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.6","source":"moonshot-batch-reanalyse","citationCount":21,"completionTokens":2250},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded beyond its original core purpose of establishing the National Archives and managing general Commonwealth records. It now incorporates highly specific regimes for distinct record types such as Cabinet notebooks, Census information (99-year closure), the 2021 Independent Review into parliamentary workplaces, and Parliamentary Workplace Support Service documents. It also contains increasingly detailed national security exemptions (ASIO, ASIS, etc.) and complex procedural rules for Administrative Review Tribunal proceedings that extend the Act well beyond simple archival administration."},"complexity_factors":["Extensive definition section with over 20 defined terms and multiple nested exclusions (e.g., 'authority of the Commonwealth', 'exempt material')","Multiple staggered open access period tables for general records, Cabinet notebooks, Census information, Independent Review documents, and PWSS documents, creating date-based conditional logic","Detailed exemption categories in section 33 with nested conditions (e.g., intelligence officer identities requiring ministerial consent)","Cross-references to numerous other Commonwealth Acts including the Criminal Code, ASIO Act, Intelligence Services Act, and Administrative Review Tribunal Act","Layered procedural rules for access applications, internal reconsideration, Tribunal review, and Ombudsman complaints","Special handling rules for sensitive institutions such as Parliament, courts, Royal Commissions, and intelligence agencies"],"plain_english_summary":"The **Archives Act 1983** creates the **National Archives of Australia** and sets the rules for how the Australian Government and its agencies must keep, manage, and eventually share their official records with the public.\n\n**What it does**\n- **Preserves the nation’s history**: It requires Commonwealth agencies (like government departments, the Governor‑General’s office, and many statutory bodies) to identify and protect records of national importance.\n- **Controls destruction**: It makes it illegal to destroy, damage, or alter a Commonwealth record without permission from the Archives. Records that are no longer needed for current business must generally be transferred to the National Archives.\n- **Opens records to the public**: Most records become available after an **open access period**. The wait time depends on when the record was created and what type it is. For example, ordinary records created after 2000 generally become open 21 years after creation, while **Cabinet notebooks** have longer waiting periods, and **Census information** or certain parliamentary workplace documents are locked away for **99 years**.\n- **Protects sensitive information**: Even after the open access period, a record can be kept secret if releasing it would harm national security, international relations, law enforcement, personal privacy, trade secrets, or reveal the identities of intelligence officers (ASIO/ASIS).\n- **Provides review rights**: If someone is refused access, they can ask the Archives to reconsider and, if still unhappy, can apply to the **Administrative Review Tribunal** for an independent review.\n\n**Who it affects**\n- **Commonwealth institutions**: Government departments, agencies, courts, and the Parliament must comply with strict record‑keeping and transfer obligations.\n- **The public**: Researchers, journalists, and citizens can apply to access historical government records.\n- **The National Archives**: The agency responsible for caring for the records, deciding what is exempt, and processing access requests.\n\n**Why it matters**\nThe Act ensures Australia keeps an accurate, lasting record of government decisions and activities. It balances transparency and public accountability against the need to protect sensitive personal, commercial, and security information."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1983 Act was focused on establishing the Archives, preserving Commonwealth records, and providing a framework for public access. Over time, its scope has meaningfully expanded through amendments to include: special access regimes for Census information (with a 99-year embargo), Cabinet notebooks (50-year embargo), Independent Review documents related to parliamentary workplace conduct (a 2021 review), and PWSS documents connected to the Parliamentary Workplace Support Service and the Independent Parliamentary Standards Commission. These additions reflect a broadening of the Act beyond its original archival management purpose to also serve as a vehicle for managing sensitive records arising from specific government accountability and workplace integrity processes."},"complexity_factors":["Multiple tiered open access period tables with different rules for different record types and different creation years, requiring careful cross-referencing","Numerous defined terms with technical distinctions (e.g., 'Commonwealth record', 'exempt material', 'archival resources', 'current Commonwealth record', 'care') that interact in non-obvious ways","Special carve-outs and exceptions for Cabinet notebooks, Census information, Independent Review documents, PWSS documents, court records, parliamentary records, and Royal Commission records — each with their own regime","Cross-references to many other Acts (Public Service Act, PGPA Act, Australian Security Intelligence Organisation Act, Witness Protection Act, Census and Statistics Act, Remuneration Tribunal Act, Criminal Code, Parliamentary Workplace Support Service Act, etc.)","Complex institutional scope — defining which bodies are 'authorities of the Commonwealth' involves layered inclusions and exclusions, including provisions for companies that have changed public purpose status","Transitional provisions (sections 3A and 3B) dealing with entities that were previously public purpose bodies, requiring historical analysis","Interplay between federal-state relationships, including limitations on the Archives' power over records held by states or territories","The duplicate content in the provided text (Part I and II appear twice) adds confusion, though this appears to be a formatting artefact rather than a legal complexity"],"plain_english_summary":"## What is the Archives Act 1983?\n\nThis law sets up and governs the **National Archives of Australia** — the body responsible for collecting, preserving, and eventually making public the official records of the Australian government.\n\n### Who does it affect?\n\n- **Everyday Australians** — you have the right to access historical government records once enough time has passed (see below)\n- **Government departments and agencies** — they must properly manage and hand over their records\n- **Researchers, historians, journalists** — they can access old government records through the Archives\n- **The Archives itself** — it must follow strict rules about what it keeps, what it releases, and what it can destroy\n\n### What does it actually do?\n\n**1. Establishes the National Archives**\nCreates the National Archives of Australia as an official body, headed by a Director-General, with an Advisory Council (including members of parliament and ministerially-appointed members) to provide guidance.\n\n**2. Preserves government records**\nGovernment departments must properly keep their records, and eventually hand them over to the Archives. The Archives decides which records are significant enough to keep permanently.\n\n**3. Opens old records to the public — but not immediately**\nThe key rule: government records become publicly available after a waiting period. For most records created **after 2000**, that's **21 years** after the record was created. Older records had longer waiting periods (up to 31 years). Special categories have even longer waits:\n- **Cabinet notebooks** (notes of secret government meetings) — **50 years**\n- **Census information** — released only after **99 years**, to protect individual privacy\n- **Records from the Parliamentary workplace review (PWSS documents and Independent Review documents)** — have their own special rules\n\n**4. Controls destruction of records**\nGovernment agencies cannot just throw away their records — the Archives must authorise any destruction.\n\n**5. Protects sensitive material**\nSome records can be withheld from public access even after the waiting period if they contain sensitive information (such as national security, personal privacy, etc.).\n\n**6. Carves out special cases**\nCertain records are treated differently or excluded entirely:\n- Court records\n- Parliamentary records\n- Records held by the War Memorial, National Library, National Gallery, National Museum, or National Portrait Gallery\n- Records of Royal Commissions and other official inquiries\n\n### Why does it matter to you?\n\nIf you've ever wondered what the government was really doing decades ago — Cabinet discussions, departmental decisions, policy debates — this law is what eventually lets you find out. It's the legal backbone of government transparency and historical accountability in Australia."},"issue_detection":{"absurdities":[{"type":"other","section":"s 3(7) Table, Items 1-13","severity":"medium","reasoning":"Item 1 establishes a 31-year rule for records created before 1980. Item 2 applies the same open access date (1 January 2011) to both 1980 and 1981 records. A record created on 31 December 1981 therefore has a closure period of approximately 29 years, while a record created on 1 January 1979 has a closure period of 31 years. The catch-up table compresses multiple years into single open-access dates, producing materially unequal treatment of records created in adjacent years with no stated policy rationale distinguishing them.","confidence":0.82,"description":"The open access period table contains a structural gap: records created in the year 2000 are expressly covered by Item 12 (open from 1 January 2021), and records created after 2000 are covered by Item 13 (21 years after creation year). However, under Item 13, a record created in 2000 would also yield 1 January 2021. The year 2000 is therefore covered by two separate items producing the same result, which is redundant but not fatal. More significantly, the transition from a 31-year rule (pre-1980 records) to compressed catch-up rows (Items 2-12) means records created in 1980 and 1981 both become open on 1 January 2011 — giving an 1981 record only 30 years of closure rather than 31, and a 1980 record only 31 years. The regime is internally inconsistent across the transition period."},{"type":"circular_definition","section":"s 5(2)(d) and s 3C","severity":"low","reasoning":"The drafting creates conceptual confusion about whether the determination power belongs to the Archives as an institution or to the Director-General personally. While s 7(2) bridges this in practice, the co-existence of an institutional function and a personal statutory power without clear delineation of when each applies introduces interpretive ambiguity.","confidence":0.65,"description":"Section 5(2)(d) confers on the Archives the function of 'determining the material that constitutes the archival resources of the Commonwealth.' Section 3C gives this power to the Director-General personally. Section 7(2) allows the Director-General to exercise powers conferred on the Archives. This creates a circular attribution: the Archives' function is exercised by the Director-General acting in the name of the Archives, but section 3C separately and directly confers the power on the Director-General, making the institutional attribution in s 5(2)(d) potentially superfluous or duplicative."},{"type":"other","section":"s 3A","severity":"low","reasoning":"Under the Acts Interpretation Act 1901 s 13, headings form part of the Act and may be used to interpret provisions. A heading referring only to 'a company' when the operative text covers all incorporated and unincorporated bodies creates a textual inconsistency that could mislead a reader about the provision's application.","confidence":0.88,"description":"Section 3A is titled 'A company no longer established for a public purpose' but its text applies to 'an authority, body, tribunal or organisation, whether incorporated or unincorporated' — which is far broader than just companies. The section heading is therefore actively misleading as to the scope of the provision."},{"type":"self_contradicting","section":"s 6(1)(h) and s 5(2)(a)","severity":"medium","reasoning":"While disposal/destruction powers are common in archives legislation and are typically exercised for non-archival records, the Act does not expressly limit s 6(1)(h) to records that are not part of the archival resources. On its face, the Archives could authorise the destruction of material it is simultaneously obliged to preserve. The limiting language in s 5(2)(e) (care of records 'that are part of the archival resources') provides some implicit constraint, but s 6(1)(h) contains no such restriction.","confidence":0.72,"description":"Section 5(2)(a) imposes a function on the Archives to 'ensure the conservation and preservation' of archival resources, but section 6(1)(h) grants the Archives the power to 'authorise the disposal or destruction of Commonwealth records.' The Archives is thus simultaneously required to preserve archival resources and empowered to authorise their destruction."},{"type":"other","section":"s 10(6) and s 17(4)","severity":"low","reasoning":"The interaction between s 10(6) (vacancies don't impair function) and s 17(4) (quorum = majority of current holders) means that as vacancies accumulate, the quorum threshold collapses proportionally. A Council of 13 could theoretically function with 2 members present if only 3 hold office, which undermines the deliberative purpose of a multi-member advisory body.","confidence":0.75,"description":"Section 10(6) states that the performance of the Council's functions is not affected by vacancies in membership. However, section 17(4) requires 'a majority of the members of the Council for the time being holding office' to constitute a quorum. If vacancies reduce membership sufficiently, the majority-of-current-members quorum could be achieved by a very small number of people (e.g., 2 members if only 3 hold office), potentially allowing consequential decisions to be made by a rump group that does not represent the Council's intended composition of 13 members."},{"type":"self_contradicting","section":"s 22(3) and s 5(2)(e)","severity":"medium","reasoning":"The Archives' core preservation function under s 5(2)(e) can be frustrated indefinitely for an entire category of potentially significant records (Royal Commission records) simply by Ministerial inaction — no direction need ever be given. This creates a structural loophole where the preservation mandate of the Act is subordinated to executive discretion with no time limit or obligation to act.","confidence":0.78,"description":"Section 5(2)(e) gives the Archives the function of having care and management of non-current Commonwealth records that are part of the archival resources. However, section 22(3) provides that records of Royal Commissions '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.' This means Royal Commission records — which may plainly be part of the archival resources — are carved out from the Archives' core function at the unilateral discretion of a Minister, potentially allowing indefinite ministerial retention of historically significant records."},{"type":"circular_definition","section":"s 3 definition of 'Commonwealth record' and s 3 definition of 'exempt material'","severity":"high","reasoning":"The logical structure is: Commonwealth record excludes exempt material → s 24 only applies to Commonwealth records → exempt material cannot contravene s 24 → the proviso 'other than material that came to be so included by reason of a contravention of section 24' can never apply to exempt material → the proviso is a legal nullity. The circularity means there is no operative mechanism by which material can lose its exempt status via the s 24 proviso.","confidence":0.85,"description":"The definition of 'Commonwealth record' excludes 'exempt material.' However, exempt material under s 3(1) includes material in collections maintained by institutions such as the National Library or National Gallery. The proviso to the exempt material definition states that material which 'came to be so included by reason of a contravention of section 24' is not exempt. Section 24 regulates disposal of Commonwealth records. But if the material is exempt material, it is not a Commonwealth record, meaning section 24 cannot apply to it, meaning the proviso can never be triggered — rendering the proviso logically void."},{"type":"circular_definition","section":"s 2 (Commencement)","severity":"low","reasoning":"This is a classic commencement clause absurdity. If Part I does not commence until Proclamation, then the commencement provision itself (which is in Part I) has no legal force until Part I commences — but Part I cannot commence without the commencement provision being operative. In practice, courts resolve this by treating the Act as having some minimal force upon Royal Assent for the purpose of giving effect to the commencement mechanism, but the drafting is logically circular.","confidence":0.7,"description":"Section 2 provides that 'the several Parts of this Act shall come into operation on such respective dates as are fixed by Proclamation.' This includes Part I itself, which contains the commencement provision. This creates a bootstrapping paradox: the commencement provision is itself in Part I, so Part I (including the commencement clause) would need to already be in force to give effect to the Proclamation commencing Part I."},{"type":"other","section":"Parts I and V (document duplication)","severity":"high","reasoning":"The submitted text reproduces sections 1 through 17 in their entirety a second time. If this reflects the actual enrolled Act text rather than a formatting error in the submission, it represents a fundamental drafting defect creating two parallel sets of operative provisions with no clear conflict resolution mechanism.","confidence":0.6,"description":"The legislation as provided contains a wholesale duplication of the entire text from Part I through Part IV, appearing twice in sequence (once under 'Part V Commonwealth records' heading, then again as 'Part I—Preliminary' etc.). This structural duplication — if present in the actual Act — would create profound interpretive difficulties as to which version of each provision governs."}],"contradictions":[{"severity":"medium","section_a":"s 5(2)(a) — Archives must ensure preservation of archival resources","section_b":"s 6(1)(h) — Archives may authorise disposal or destruction of Commonwealth records","confidence":0.72,"description":"The Archives is simultaneously obliged to ensure conservation and preservation of archival resources and empowered to authorise the disposal or destruction of Commonwealth records without any express limitation excluding archival resources from the destruction power."},{"severity":"medium","section_a":"s 5(2)(e) — Archives to have care and management of non-current Commonwealth records forming part of archival resources","section_b":"s 22(3) — Archives not entitled to care of Royal Commission records except by Ministerial direction","confidence":0.8,"description":"The Archives' mandatory custody function over archival-quality Commonwealth records is directly negated for Royal Commission records, which remain under executive control at the responsible Minister's discretion with no obligation on the Minister to ever direct transfer to the Archives."},{"severity":"low","section_a":"s 3(1) definition of 'Commonwealth institution' — includes 'a Federal court or a court of a Territory'","section_b":"s 3(1) definition of 'authority of the Commonwealth' — expressly excludes 'a court'","confidence":0.75,"description":"Courts are included in the definition of 'Commonwealth institution' but expressly excluded from 'authority of the Commonwealth.' Commonwealth institution is defined partly by reference to authorities of the Commonwealth (paragraph (g)), creating different and potentially overlapping categories. More significantly, Part V Division 1 creates special exemptions for court records (s 19), implying courts are Commonwealth institutions for some purposes but not others — a distinction the Act does not clearly articulate."},{"severity":"high","section_a":"s 6(2) — Archives may enter access arrangements with non-Commonwealth institution record depositors that override Division 3 of Part V","section_b":"s 6(3) — where such arrangement relates to a Commonwealth record, Part V prevails over the arrangement","confidence":0.85,"description":"Subsections 6(2) and 6(3) create a direct contradiction: s 6(2) states that access arrangements with non-Commonwealth institution depositors have effect 'notwithstanding anything contained in Division 3 of Part V,' but s 6(3) provides that where such an arrangement relates to a Commonwealth record, 'that provision shall prevail' over the arrangement. Since Commonwealth records held by non-Commonwealth institutions are a subset of the records covered by s 6(2), the two subsections directly conflict as to which regime prevails for that subset."},{"severity":"medium","section_a":"s 3(1) definition of 'open access period' paragraph (ba) — Independent Review documents and PWSS documents governed by s 22C","section_b":"s 3(7) Note — lists only Cabinet notebooks, Census information records, and Independent Review/PWSS documents as having different open access periods","confidence":0.65,"description":"The definition of 'open access period' in s 3(1) cross-references s 22C for Independent Review documents and PWSS documents (paragraph (ba)), and the Note to s 3(7) confirms these have different periods. However, the substantive provisions of s 22C are not included in the text provided, leaving the definition incomplete and creating a forward reference to a provision whose content is unknown, potentially leaving the open access period for these document classes legally indeterminate."},{"severity":"medium","section_a":"s 3A — entity taken 'never to have been' established for a public purpose only if legislative provision expressly so provides","section_b":"s 3B — Commonwealth-controlled companies/associations not authorities of the Commonwealth if they were not established for a public purpose immediately before commencement","confidence":0.68,"description":"Section 3A provides the only mechanism by which an entity can be taken never to have been established for a public purpose — requiring an express legislative provision. Section 3B then applies that fiction retrospectively based on pre-commencement status. The interaction is unclear: does s 3B operate independently of s 3A's requirement for an express legislative provision, or does it require prior s 3A treatment? If independent, s 3B creates a shadow category of entities excluded from 'authority of the Commonwealth' status without the safeguard mechanism required by s 3A."}]}},"importantCases":[],"_links":{"self":"/api/acts/archives-act-1983","history":"/api/acts/archives-act-1983/history","analysis":"/api/acts/archives-act-1983/analysis","conflicts":"/api/acts/archives-act-1983/conflicts","importantCases":"/api/acts/archives-act-1983/important-cases","documents":"/api/acts/archives-act-1983/documents"}}