{"id":"tas:sr-2024-048","name":"Archives Regulations 2024","slug":"archives-regulations-2024","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"48 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177046,"registerId":"tas-tas:sr-2024-048-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Archives Regulations 2024](/view/html/inforce/2026-04-12/sr-2024-048) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 1 October 2024.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***employee*** means a person appointed or employed under [section 7 of the](/view/html/inforce/2026-04-12/act-1983-076#GS7@EN) [Archives Act 1983](/view/html/inforce/2026-04-12/act-1983-076) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Use of and access to Archives Office or State archives","content":"### 4 Use of and access to Archives Office or State archives\n\n> > (1)  The State Archivist may impose the conditions and restrictions on the use of, or access to, the Archives Office, or a State archive, that the State Archivist reasonably considers necessary for the proper and efficient operation or management of the Archives Office.\n> \n> > (2)  The State Archivist may refuse the use of, or access to, a State archive by any person, or in respect of any research program, if the State Archivist reasonably considers that such use or access may –\n> > \n> > > > (a) be detrimental to the preservation of the State archive; or\n> > > \n> > > > (b) interfere unreasonably with the proper and efficient operation or management of the Archives Office.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Copies of State archives","content":"### 5 Copies of State archives\n\n> > (1)  The State Archivist may, on the application of a person and on payment by the person of the fee that the State Archivist reasonably determines, provide the person with a copy of a State archive.\n> \n> > (2)  The State Archivist may refuse to provide a person with a copy of a State archive if the State Archivist reasonably considers that copying the State archive would be –\n> > \n> > > > (a) likely to damage the State archive; or\n> > > \n> > > > (b) detrimental to the proper and efficient management and control of the Archives Office.\n> \n> > (3)  The State Archivist may make a copy of a State archive in the manner that the State Archivist thinks fit.\n> \n> > (4)  A person must not, without the State Archivist's written approval, further copy, reproduce or publish a copy of a State archive provided under this regulation.\n> > \n> > Penalty:  Fine not exceeding 5 penalty units.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Offences","content":"### 6 Offences\n\n> > (1)  A person must not, in the Archives Office –\n> > \n> > > > (a) write in, or on, a State archive; or\n> > > \n> > > > (b) fold, tear, cut, crease, mark, or otherwise damage or mutilate, a State archive; or\n> > > \n> > > > (c) place, without the State Archivist's permission, any thing or object on a State archive for the purpose of tracing or copying that State archive.\n> > \n> > Penalty:  Fine not exceeding 5 penalty units.\n> \n> > (2)  A person must not, in the Archives Office –\n> > \n> > > > (a) eat, drink or smoke; or\n> > > \n> > > > (b) fail to comply with a direction of the State Archivist given to ensure the maintenance and preservation of State archives; or\n> > > \n> > > > (c) use a computer, camera, mobile phone, or other equipment, unless that person –\n> > > > \n> > > > > > (i) has the State Archivist's permission; and\n> > > > > \n> > > > > > (ii) complies with any conditions imposed by the State Archivist on the use of that equipment.\n> > \n> > Penalty:  Fine not exceeding 2 penalty units.\n> \n> > (3)  A person must not, in the Archives Office –\n> > \n> > > > (a) without the State Archivist's permission, use, in any other format, a State archive that is available on microfilm or in a digital format; or\n> > > \n> > > > (b) without the State Archivist's permission, use anything other than an electronic device or a pencil for the purposes of taking written notes; or\n> > > \n> > > > (c) unnecessarily disturb, or unnecessarily interrupt, any person using the Archives Office.\n> > \n> > Penalty:  Fine not exceeding 2 penalty units.\n> \n> > (4)  A person must not enter or remain in an area of the Archives Office that is set aside as a storage area for State archives, or as a work area for an employee or employees, unless the person –\n> > \n> > > > (a) is an employee; or\n> > > \n> > > > (b) has obtained the permission of the State Archivist.\n> > \n> > Penalty:  Fine not exceeding 2 penalty units.\n> \n> > (5)  A person must not remove a State archive from the Archives Office without the State Archivist's permission.\n> > \n> > Penalty:  Fine not exceeding 5 penalty units.\n> \n> > (6)  A person in the Archives Office must present for inspection any folder, notes, bag, case, parcel, or other container, in their possession if requested to do so by an employee.\n> > \n> > Penalty:  Fine not exceeding 2 penalty units.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Removal or exclusion from Archives Office","content":"### 7 Removal or exclusion from Archives Office\n\n> An employee may direct a person to leave the Archives Office, or may exclude a person from the Archives Office, if the employee believes on reasonable grounds that the person has contravened these regulations.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Records of State and local authorities","content":"### 8 Records of State and local authorities\n\n> > (1)  A State authority or local authority that is to be abolished, amalgamated or have its functions terminated is to –\n> > \n> > > > (a) give the State Archivist written notice of the abolition, amalgamation or termination; and\n> > > \n> > > > (b) forward a list specifying the records of that authority to the State Archivist.\n> \n> > (2)  If a State authority or a local authority is abolished or amalgamated and its functions are vested in, or transferred to, another State authority or local authority, the authority so abolished or amalgamated is to forward its records to that other authority.\n> \n> > (3)  A State authority or local authority is to forward to the Archives Office any record that it has received pursuant to [subregulation (2)](#GS8@Gs2@EN) and does not require.\n> \n> > (4)  If a State authority or local authority is abolished and its functions are not vested in or transferred to another State authority or local authority, the records of the authority are to be forwarded to the Archives Office.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 18 September 2024\n\nThese regulations are administered in the Department for Education, Children and Young People.","sortOrder":7}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the limited metadata available, there is no indication that the scope of these regulations changed from their original intent. They appear to be a standard remake or update of archival administration regulations, commencing 1 October 2024. No scope drift can be confirmed or denied without access to the full operative text."},"complexity_factors":["Insufficient substantive content was provided — only metadata, version information, and administrative status details are visible in the supplied text","Regulations of this type are typically procedural and administrative in nature, which generally limits inherent complexity","No specific provisions, schedules, or operative clauses were available to assess"],"plain_english_summary":"These regulations flesh out the Archives Act by prescribing the practical rules—fees, forms and procedures—for preserving, managing and providing access to Tasmanian government records. They guide how the Tasmanian Archive and Heritage Office and government agencies handle transfers, access requests and copies.\n\nThey affect researchers, historians, agency record-keepers and the general public by shaping access, accountability and preservation of documentary heritage. Note: the full text of the specific regulatory provisions was not provided."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These regulations provide procedural and enforcement detail for archives management (access, copying, offences, record transfers) without expanding or narrowing the categories of records or redefining core institutional roles beyond the definition of 'employee' in reg 3; they operate within the Archives Office's administrative remit (regs 3–8)."},"complexity_factors":["Broad discretionary powers given to the State Archivist to impose conditions, refuse access or copying and set fees (regs 4(1)–(2); 5(1)–(3))","Multiple offence provisions with differing penalty levels (2 and 5 penalty units) and specific prohibited acts (reg 6)","Operational enforcement delegated to employees, including power to remove or exclude persons and inspect bags (regs 7; 6(6))","Statutory obligations on State and local authorities when abolished, amalgamated or wound up to notify and transfer records (reg 8(1)–(4))","Key defined term limited to 'employee' as appointed under s 7 of the Archives Act (reg 3), which constrains who may exercise certain powers","Use of reasonableness standards ('reasonably considers', 'reasonably determines') creating interpretive uncertainty for compliance (regs 4(1)–(2); 5(1))"],"plain_english_summary":"These regulations set operational rules for State archives: the State Archivist controls access and copying, may charge fees, and may refuse use or copies to protect archives or Office operations. They create offences with fines for damaging, removing, or mishandling archives and allow employees to remove or exclude people. State and local authorities that are abolished or amalgamated must notify the State Archivist and transfer records. Who pays: applicants for copies (fees) and persons who breach rules (fines). Main burdens are permissions, record-transfer duties, and Archivist discretion."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations appear tightly focused on their original purpose: operational management of the Archives Office and preservation of State archives. The scope covers access conditions, copying, conduct offences, and government record transfers—all core archival functions. There is no evidence of scope creep into unrelated policy areas."},"complexity_factors":["Only 1 defined term ('employee') in the interpretation section","Straightforward structure with 8 regulations, each addressing a discrete topic","Minimal cross-referencing—only internal references to subregulation (2) in regulation 8 and a reference to the parent Archives Act 1983","Simple conditional logic using standard 'if/then' and 'must not' formulations without nested exceptions","Clear penalty structure with only two tiers (2 or 5 penalty units)","No delegated legislative powers or complex machinery provisions"],"plain_english_summary":"**What this does:** These regulations set the ground rules for how Tasmania's State archives are managed, accessed, and protected. They give the State Archivist powers to control who can enter the Archives Office, what they can do there, and how historical records are handled.\n\n**Who it affects:**\n- **Members of the public** who want to view or copy historical records\n- **Researchers** using the Archives Office\n- **State and local government bodies** (councils, departments, agencies) that create or hold records\n- **Archives staff** who enforce the rules\n\n**Key things it covers:**\n- **Access conditions:** The State Archivist can set rules for using the archives and can refuse access if someone might damage records or disrupt operations\n- **Copying:** You can request copies for a fee, but the Archivist can refuse if copying would harm the original. You can't republish copies without written permission.\n- **Behaviour rules:** No eating, drinking, smoking, or using pens (pencils only). No cameras or phones without permission. No writing on, folding, or damaging documents.\n- **Security:** You can't enter staff-only or storage areas without permission, and you must show your bags if asked. Removing documents without permission is an offence.\n- **Government record-keeping:** When government bodies shut down or merge, they must tell the Archivist and transfer records appropriately—either to the new body or to the Archives Office.\n\n**Why it matters:** These rules protect Tasmania's historical records from damage, theft, or neglect while still allowing public access. The penalties (up to 5 penalty units, roughly $1,000+) act as a deterrent against mishandling irreplaceable documents."}},"importantCases":[],"_links":{"self":"/api/acts/archives-regulations-2024","history":"/api/acts/archives-regulations-2024/history","analysis":"/api/acts/archives-regulations-2024/analysis","conflicts":"/api/acts/archives-regulations-2024/conflicts","importantCases":"/api/acts/archives-regulations-2024/important-cases","documents":"/api/acts/archives-regulations-2024/documents"}}