35Identification of exempt records

## 35 Identification of exempt records (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. (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. (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. (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. (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.