{"id":"F2018L00343","name":"Archives Regulations 2018","slug":"archives-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99930,"registerId":"commonwealth-F2018L00343-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Archives Regulations 2018.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under the Archives Act 1983.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) Archives;\n (b) Commonwealth institution;\n (c) Commonwealth record.\n In this instrument:\n\n> Act means the Archives Act 1983.\n\n> memorial collection has the same meaning as in the Australian War Memorial Act 1980.\n\n> metre has the meaning given by subsection 15(3).\n\n> official records means records that would be Commonwealth records if the records were not included in the memorial collection of the Australian War Memorial.\n\n> old regulations means the Archives Regulations.\n\n> relevant office has the meaning given by subsection 14(2).\n\n> sentence has the meaning given by subsection 15(4).\n\n> staff member means a member of the staff of the Archives.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Application of the Act","content":"## Part 2—Application of the Act","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Exempt material—custodial institutions","content":"#### 6 Exempt material—custodial institutions\n\n For the purposes of paragraph (e) of the definition of exempt material in subsection 3(1) of the Act, the Australian National Maritime Museum is a custodial institution.\n\n> Note: Material included in a collection maintained by a custodial institution is not exempt material if the material was included in the collection as a result of a contravention of section 24 of the Act (see the definition of exempt material in subsection 3(1) of the Act).","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Certain records deemed to be Commonwealth records","content":"#### 7 Certain records deemed to be Commonwealth records\n\n (1) For the purposes of subsection 3(6) of the Act, official records included in the memorial collection (other than a class of records specified in subsection (2)) are deemed to be Commonwealth records for the purposes of the following provisions of the Act:\n (a) sections 28 and 30;\n (b) Division 3 (other than subsections 31(3) and 35(2)) of Part V;\n (c) Divisions 4 and 5 (other than section 58) of Part V.\n (2) The following classes of records are specified:\n\n```html\n

Specified classes of records

Item

Control number of the class of records

Title or description of the class of records

1

AWM 91

Printed records

2

AWM 92

Private records

3

AWM 167

Art collection

4

AWM 195

Maps and aerial photographs

5

AWM 196

Special collections

6

AWM 197

Photographic collection

7

AWM 198

Film collection

8

AWM 199

Sound recordings

\n```","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Dealings with Commonwealth institutions","content":"## Part 3—Dealings with Commonwealth institutions","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Purpose of this Part","content":"#### 8 Purpose of this Part\n\n The purpose of this Part is to carry out or give effect to:\n (a) the objects of the Act (see section 2A of the Act); and\n (b) the functions and powers of the Archives (see sections 5 and 6 of the Act).","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Requesting information from Commonwealth institutions","content":"#### 9 Requesting information from Commonwealth institutions\n\n (1) The Archives may request a Commonwealth institution to give the Archives information relating to Commonwealth records in the institution’s custody.\n (2) Without limiting subsection (1), the Archives may request the institution to provide information:\n (a) relating to the creation, keeping and management of records in the institution’s custody; or\n (b) necessary or convenient for determining if records in the institution’s custody are part of the archival resources of the Commonwealth; or\n (c) relating to the disposal or destruction of records by the institution.\n (3) The institution must comply with a request made under subsection (1) as soon as is reasonably practicable.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Notice in relation to dealings with Commonwealth records","content":"#### 10 Notice in relation to dealings with Commonwealth records\n\n (1) This section applies if, for the purposes of section 24 or 26 of the Act, the Archives:\n (a) gives a permission to a person in relation to any dealings with Commonwealth records; or\n (b) approves a practice or procedure in relation to any dealings with Commonwealth records; or\n (c) notifies a Department or an authority of the Commonwealth that the Archives disapproves of a practice of the Department or the authority in relation to dealings with Commonwealth records.\n (2) The Archives must give the permission, approval or notification by written notice that:\n (a) is signed by the Director‑General or a person authorised by the Director‑General under subsection (3) for the purposes of this paragraph; and\n (b) specifies the date on which the notice is signed; and\n (c) specifies the matter to which permission, approval or notification, relates, as the case may be; and\n (d) specifies the name and address of the person, the Department or the authority, as the case may be, to whom the notice is to be given.\n (3) The Director‑General may authorise, in writing, a person for the purposes of paragraph (2)(a).","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Dealings with Commonwealth records by Commonwealth institutions","content":"#### 11 Dealings with Commonwealth records by Commonwealth institutions\n\n A Commonwealth institution must keep, in writing, information relating to:\n (a) the destruction or other disposal of a Commonwealth record in that institution’s custody; or\n (b) the transfer of the custody or ownership of a Commonwealth record in that institution’s custody; or\n (c) damage to or alteration of a Commonwealth record in that institution’s custody.","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Consent to destruction or disposal of certain Commonwealth records","content":"#### 12 Consent to destruction or disposal of certain Commonwealth records\n\n (1) This section applies if:\n (a) Commonwealth records of a Commonwealth institution, or records included in a class of such records, are, in accordance with an arrangement approved by the Archives, being kept temporarily in the custody of the Archives for a period; and\n (b) the Archives has requested, by written notice, the institution’s consent to the destruction or other disposal of the records; and\n (c) at the time the request was made, the period had expired or would expire within 90 days.\n (2) The institution must respond in writing to the request, as soon as is reasonably practicable, by:\n (a) consenting to the proposed destruction or other disposal of the records; or\n (b) requesting that the Archives retain the records for a further period for the reasons set out in the response.","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Access to Commonwealth records","content":"## Part 4—Access to Commonwealth records","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Charges for access to records","content":"#### 13 Charges for access to records\n\n (1) For the purposes of paragraph 36(2)(b), (c) or (d) of the Act, the determined charge for access to a record by a person is an amount equal to, or less than, the cost of giving such access.\n Waiver of charge\n (2) The Director‑General may waive the whole or part of a charge under subsection (1) if the Director‑General is satisfied that:\n (a) payment of the charge would cause the person financial hardship; or\n (b) the cost of giving access to the record is low; or\n (c) access to the record is for a charitable purpose; or\n (d) it is appropriate to do so for the efficient and effective management of records; or\n (e) it is in the interests of the Commonwealth’s international relations or relations with a State or Territory; or\n (f) it is in the public interest.\n (3) If the Director‑General refuses to waive the whole or part of the charge, the Director‑General must give the person written notice of the decision, including the reasons for the decision.\n Review of refusal to waive charge\n (4) Applications may be made to the Administrative Review Tribunal for review of a decision of the Director‑General to refuse to waive the whole or part of a charge under subsection (2).","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Specified circumstances for access to restricted Commonwealth records","content":"#### 14 Specified circumstances for access to restricted Commonwealth records\n\n (1) For the purposes of subsection 56(2) of the Act, the following table sets out the circumstances in which a Commonwealth record that is not otherwise available for public access under the Act may be made available to a person.\n\n```html\n

Access to restricted Commonwealth records

Item

If the person …

the person may have access to the records if …

1

held a relevant office

(a) the records were, or could reasonably be presumed to have been, seen or used by the person because the person held the office; and

(b) the person desires to refresh his or her memory about the records.

2

is preparing a publication about another person (the officeholder) who held a relevant office

(a) the publication has been authorised by the officeholder or the officeholder’s personal representative; and

(b) the records were, or could reasonably be presumed to have been, seen or used by the officeholder because the officeholder held the office.

3

is not a Commonwealth institution

the Archives has custody of the records because of an arrangement entered into with the person.

4

is carrying out research for the purpose of preparing a work for publication

(a) the work has been declared under subsection (4) to be a work that is likely to make a substantial contribution to the recording and assessment of events in Australia’s development; and

(b) the records are relevant to the research being carried out by the person.

\n```\n\n (2) A relevant office is any of the following:\n (a) the office of Governor‑General;\n (b) an office of Minister;\n (c) an office of Secretary (within the meaning of the Public Service Act 1999);\n (d) another office in a Commonwealth institution declared under subsection (3) for the purposes of this paragraph.\n (3) The Prime Minister may, by legislative instrument, declare an office in a Commonwealth institution for the purposes of paragraph (d) of the definition of relevant office in subsection (2).\n (4) The Minister, or a person authorised by the Minister under subsection 56(2) of the Act, may, in writing, declare a work to be a work that is likely to make a substantial contribution to the recording and assessment of events in Australia’s development.","sortOrder":15},{"sectionNumber":"Part 5","sectionType":"part","heading":"Discretionary services","content":"## Part 5—Discretionary services","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Discretionary services for persons other than Commonwealth institutions","content":"#### 15 Discretionary services for persons other than Commonwealth institutions\n\n (1) For the purposes of paragraph 71(e) of the Act, the following table prescribes discretionary services for a person other than a Commonwealth institution and sets out the amount or rate of charge for the provision of those services.\n\n```html\n

Discretionary services etc.

Item

Discretionary service

Amount or rate of charge

1

The storage, control, access, preservation or disposal, by a staff member, of the records of the person under an arrangement between the Archives and the person

The amount of remuneration payable to the staff member for the period during which the service is provided, plus 160% of that amount

2

Sentencing of records

$291.50 for each metre of records

3

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

$82.50 for each hour of research

4

Transporting records to the Archives

$38.50 for each metre of records

5

Making shelf space available for the storage of records

$11.50 for each metre of records per year of storage

6

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

$19.50 for each metre of records per year of storage

7

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

$20.50 for each metre of records per year of storage

8

Serviced storage of records that have been sentenced

(a) for the first year of storage—$17.00 for each metre of records; and

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

9

Serviced storage of records that have not been sentenced

(a) for the first year of storage—$62.50 for each metre of records; and

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

10

Serviced storage of records in an air‑conditioned repository

(a) for the first year of storage—$24.00 for each metre of records; and

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

11

Serviced storage of records in an air‑conditioned vault

(a) for the first year of storage—$25.50 for each metre of records; and

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

12

Supplying archival containers for the storage of records

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

13

Searching in normal business hours for a record

$7.00

14

Searching outside normal business hours for a record

$82.50 for each hour of searching

15

Destroying records

$9.00 for each metre of records

16

Bulk withdrawal of records other than for sentencing of records

$11.00 for each metre of records

17

Training course—full day

$405.00 for each person attending the course

18

Training course—half day

$220.00 for each person attending the course

\n```\n\n (2) If a charge for a service in the table in subsection (1) is worked out in relation to a period of time or a number of metres, the amount of charge must be proportionate to the actual time spent or the actual length of shelf space occupied.\n\n> Note: For example, if a search for a record outside of business hours (see item 14 of the table in subsection (1)) takes 1 hour and 30 minutes, the charge will be $82.50 for the hour and $41.25 for the 30 minutes.\n\n (3) A metre of records is a linear metre of shelf space occupied by the records.\n (4) Records to be kept at the Archives are sentenced by the process of identifying and classifying the records to determine:\n (a) the value, or significance, of the records; and\n (b) the appropriate management of the records.","sortOrder":17},{"sectionNumber":"Part 6","sectionType":"part","heading":"Transitional provisions","content":"## Part 6—Transitional provisions","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Things done under the old regulations","content":"#### 16 Things done under the old regulations\n\n (1) If:\n (a) a thing was done for a particular purpose under the old regulations as in force immediately before the commencement of this section; and\n (b) the thing could be done for that purpose under this instrument;\n the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Review by the Administrative Appeals Tribunal of certain decisions of the Director‑General","content":"#### 17 Review by the Administrative Appeals Tribunal of certain decisions of the Director‑General\n\n (1) This section applies if:\n (a) the Director‑General makes a decision under subregulation 11(6) of the old regulations before the commencement of this section; and\n (b) immediately before that commencement, an application has not been made under subregulation 11(7) of the old regulations for review by the Administrative Appeals Tribunal of that decision; and\n (c) immediately before that commencement, the time for a person to make such an application has not ended (including any extensions of that time under section 29 of the Administrative Appeals Tribunal Act 1975).\n (2) Despite the repeal of subregulation 11(7) of the old regulations, that subregulation, as in force immediately before the commencement of this section, continues to apply in relation to the Director‑General’s decision as if that repeal had not happened.","sortOrder":20}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"These Regulations implement and clarify administrative and charging arrangements under the Archives Act rather than materially expanding the statutory scope. They (a) update and consolidate operational rules (fees, notice and record‑keeping processes), (b) specify the Australian National Maritime Museum as a custodial institution for the limited exempt‑material rule, and (c) set treatment of certain Australian War Memorial items for limited Act provisions. Those are changes of detail and administrative procedure relative to earlier regulations, not a substantive broadening of the Act’s subject‑matter coverage. The transitional provisions (regs 16–17) preserve effect of prior acts and AAT review rights where relevant."},"complexity_factors":["6 Parts but compact overall structure","About 9 explicit defined terms in reg 5 plus reliance on multiple definitions in the Archives Act (cross‑referencing)","Two multi‑row tables: (a) classes of Australian War Memorial material (reg 7) and (b) access circumstances (reg 14)","Large fee/schedule table in reg 15 with 18 distinct line items, multiple rate bases (per metre, per hour, per year), and proportional charging rules","Several cross‑references to the Archives Act (multiple sections such as ss 3, 24, 26, 28, 30, 31, 35, 36, 56, 58, 71) increasing interpretive dependence on the Act","Multiple decision points and discretions vested in different actors (Director‑General, Minister, Prime Minister, authorised staff)","Conditional and exception logic (e.g. memorial collection deemed Commonwealth records for some provisions but not for listed classes)","Transitional provisions preserving rights under the old regulations and continuing Administrative Appeals Tribunal review for a narrow class of decisions"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Names the instrument the Archives Regulations 2018 and states it is made under the Archives Act 1983 (regs 1, 3).\n- Defines a small set of terms used in the regulations and points to other defined expressions in the Act (reg 5).\n- Declares that the Australian National Maritime Museum is a \"custodial institution\" for the limited purpose of the Act's definition of exempt material (reg 6).\n- Treats certain types of Commonwealth records that sit in the Australian War Memorial’s memorial collection as Commonwealth records for a limited set of provisions of the Archives Act, but excludes specified classes of memorial material (reg 7 and the AWM classes table).\n- Confers powers and processes on the National Archives (the Archives): it may request information from Commonwealth institutions about records in their custody, and institutions must comply reasonably promptly (regs 8–9).\n- Prescribes how the Archives must give written notice when it grants permissions, approves procedures, or notifies disapproval under the Act (reg 10).\n- Requires Commonwealth institutions to keep written records about destruction, transfer, damage or alteration of Commonwealth records in their custody (reg 11).\n- Sets a process for institutions to respond in writing when the Archives asks for consent to destroy records temporarily held by the Archives (reg 12).\n- Prescribes how charges for access are to be calculated (the Archives may set a charge up to the cost of giving access) and allows the Director‑General to waive charges in defined circumstances; refusals to waive are reviewable (reg 13).\n- Specifies circumstances in which restricted Commonwealth records may be made available to a person (a table of four circumstances: former office‑holders, authorised biographers, persons who transferred custody by arrangement, and researchers preparing declared works) and allows the Prime Minister and the Minister to make declarations that activate those rules (reg 14).\n- Sets a detailed schedule of discretionary services (storage, sentencing, research, transport, shelving, serviced storage, searching, destroying, training, etc.) and the amounts or rates to be charged (including per‑metre and hourly rates) — with proportionate charging for partial periods/lengths and a definition of \"metre\" as linear shelf space (reg 15 and notes).\n- Provides transitional savings for actions done under the old regulations and preserves a narrow right to Administrative Appeals Tribunal review of certain Director‑General decisions made under the old regulations (regs 16–17).\n\n**Official purpose claim and how the regs implement it**\n\n- The regs state their purpose is to give effect to the objects of the Archives Act and the Archives’ functions and powers (reg 8). They implement that purpose by: (a) clarifying which institutions and memorial items are treated in particular ways (regs 6–7); (b) setting administrative procedures (regs 9–12); (c) specifying access exceptions (reg 14); and (d) fixing a catalogue of discretionary services and fees (reg 15).\n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: users of discretionary services (private persons or non‑Commonwealth institutions) pay the fees listed in reg 15 (per metre or hourly rates for storage, sentencing, searching, etc.). People seeking access may also be charged up to the cost of providing that access (reg 13).\n- Who decides: the Director‑General of the Archives exercises operational discretion (waivers under reg 13, authorising staff to sign notices under reg 10). The Prime Minister can declare additional \"relevant offices\" for access exceptions (reg 14(3)). The Minister (or an authorised delegate) can declare works to be of special value for research access (reg 14(4)). The Archives decides when to request information and accepts or refuses consents under the processes set out in regs 9 and 12.\n- Behaviour changes required: Commonwealth institutions must (a) provide requested information about records (reg 9); (b) record in writing disposals, transfers, damage or alteration of records (reg 11); and (c) respond in writing to Archives requests about destruction of temporarily held records (reg 12). Private parties and organisations face explicit costs and administrative rules if they use Archives’ services (reg 15), and individuals seeking restricted records must meet the circumstances set out in reg 14.\n\n**Costs, incentives, trade‑offs and practical effects**\n\n- Direct costs to users: the schedule (reg 15) transfers costs of storage, handling, sentencing and other services to users who want the Archives’ services. Fees are mostly per linear metre or per hour, which makes charges relatively predictable but also sensitive to how records are measured (reg 15(3)).\n- Fee relief and discretion: the Director‑General may waive fees in a number of circumstances (financial hardship; charity; management efficiency; public interest; or international relations) (reg 13(2)). Denials of waiver carry written reasons and are reviewable by the Administrative Review Tribunal (reg 13(3)–(4)), which provides procedural safeguards.\n- Incentives for institutions: prescribed record‑keeping (reg 11) and the obligation to respond to Archives requests (reg 9) increase administrative costs for Commonwealth institutions. The per‑metre sentencing, storage and destruction fees create a monetary incentive to manage records volume (reg 15 items 2, 5–11, 15). The formal written consent mechanism for destruction of temporarily held records (reg 12) imposes a timeline and a response obligation on institutions.\n- Concentrated benefits and diffuse costs: the Archives receives payment for services (concentrated financial benefit). Costs are diffuse — borne by various institutions, private depositors and users who need storage, access or special services.\n- Discretion and decision points: several important decisions rest with named officials (Director‑General, Minister, Prime Minister). Those delegations and declaration powers (reg 10(3); reg 14(3)–(4)) centralise certain definitional judgments and could expand when exceptions apply depending on how those powers are exercised.\n- Implementation and compliance risks: the regs rely on reasonable‑practicability standards (e.g. institutions must comply with requests as soon as reasonably practicable, reg 9(3)), which leaves room for disputes about timeliness. The fee schedule requires measurement (linear metres) and proportional charging for partial usage, which creates modest administrative complexity.\n\n**Concrete references to rules that create the effects above**\n\n- Custodial institution listing: reg 6.\n- Deeming memorial records as Commonwealth records and exclusions (AWM classes): reg 7 and the embedded AWM classes table.\n- Information requests and institution obligations: regs 9 and 11.\n- Notices for permissions/approvals and authorisation to sign: reg 10.\n- Consent process for destruction of temporarily held records: reg 12.\n- Charges, waiver power and review: reg 13.\n- Access to restricted records (four specified circumstances) and declaration powers: reg 14.\n- Discretionary services and fee schedule (per metre/hour charges): reg 15.\n- Transitional savings and continuation of certain review rights: regs 16–17.\n\n**Net practical effect**\n\nThe Regulations are primarily administrative: they clarify how the Archives and other Commonwealth institutions must interact over custody, disposal and access to records; they specify a detailed fee schedule for discretionary services; and they set procedural safeguards (written notices, waiver rules, and review rights). The practical consequences are stronger documentation and response duties for institutions, explicit pricing for a wide range of Archives services, and specified narrow exceptions under which otherwise restricted memorial or Commonwealth records may be accessed.\n"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the Archives Act 1983 through administrative procedures, fee structures, and access protocols. The 2018 version consolidates and updates the 1984 regulations without expanding into new substantive areas."},"complexity_factors":["Multiple cross-references to the Archives Act 1983 and Australian War Memorial Act 1980 requiring simultaneous reading","Nested conditional logic in section 14 (access to restricted records) with multiple qualifying criteria per category","18-item fee schedule in Part 5 with tiered pricing (first year vs subsequent years) and proportional calculations","Transitional provisions in Part 6 preserving rights under repealed regulations through conditional savings clauses","Technical archival terminology ('sentencing', 'metre of records', 'serviced storage') requiring domain knowledge"],"plain_english_summary":"These regulations set out how the National Archives manages Commonwealth records: who can access restricted files (including former officials and researchers), how agencies must document destruction/transfer, and the fees and fee-waivers for optional services like personal record storage and family-history research. They also preserve decisions made under the old rules. \n\nThey affect government agencies, historians and former senior officials, and members of the public who use Archives services — shaping access, costs, and record-keeping accountability."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/archives-regulations-2018","history":"/api/acts/archives-regulations-2018/history","analysis":"/api/acts/archives-regulations-2018/analysis","conflicts":"/api/acts/archives-regulations-2018/conflicts","importantCases":"/api/acts/archives-regulations-2018/important-cases","documents":"/api/acts/archives-regulations-2018/documents"}}