Territory Records Act 2002

5A Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to the offences against this Act. The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. 6 Application of Act (1) This Act, except for the following provisions, does not apply to records that are health records: (a) section 16; (b) section 17; (c) section 19; (d) section 21. (2) This Act does not apply to records of the human rights commission in relation to— (a) a complaint made to the commission under the Health Records Act, section 18; or (b) the exercise of a function under the Human Rights Commission Act 2005 in relation to a complaint mentioned in paragraph (a).

Part 1 Preliminary Section 6 page 4 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) This Act does not apply to records of the legal aid commission that relate to— (a) the provision of legal assistance to a person under the Legal Aid Act 1977, part 5 (Provision of legal assistance by commission); or (b) a negotiation process conducted under the Legal Aid Act 1977, part 5A (Dispute resolution). Note Under the Legal Aid Act 1977, s 69B, the legal aid commission must have a records management program for records mentioned in s (3). The program is to be approved by the chief executive officer and a copy of the program given to the director (see Legal Aid Act 1977, s 69C).

Management and care of records Part 2 General Division 2.1 Section 7 R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Management and care of records Division 2.1 General

7 Meaning of agency In this Act: agency means— (a) the Executive; or (b) the administrative unit; or (c) a statutory office-holder and the staff assisting the statutory office-holder; or (d) a territory authority; or (e) a territory instrumentality; or (f) a territory-owned corporation or a subsidiary of a territory-owned corporation; or (g) the Office of the Legislative Assembly; or (h) an officer of the Assembly; or (i) the Supreme Court; or (j) the Magistrates Court or Coroner’s Court; or (k) the ACAT; or (l) a board of inquiry under the Inquiries Act 1991; or (m) a judicial commission under the Judicial Commissions Act 1994; or

Part 2 Management and care of records Division 2.1 General Section 8 page 6 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (n) the judicial council under the Judicial Commissions Act 1994, section 5A; or (o) a royal commission under the Royal Commissions Act 1991; or (p) an entity prescribed by regulation to be an agency.

8 Meaning of principal officer In this Act: principal officer, of an agency, means— (a) for the Executive—the head of service; or (b) for an administrative unit—the director-general of the administrative unit; or (c) for the Supreme Court, Magistrates Court, Coroner’s Court or ACAT—the chief executive officer appointed under the Court Procedures Act 2004, section 11A (1); or (d) for the Office of the Legislative Assembly—the clerk of the Legislative Assembly; or (e) for an officer of the Assembly—the officer; or (f) for a statutory office-holder and the staff assisting the statutory office-holder—the statutory office-holder; or (g) for a territory-owned corporation or a subsidiary of a territory-owned corporation—the chief executive officer of the corporation or subsidiary; or (h) for a royal commission, board of inquiry, judicial commission or the judicial council (the body)—the director-general of the administrative unit that provides secretariat support to the body; or (i) for any other agency—the person prescribed by regulation to be the principal officer of the agency.

Management and care of records Part 2 General Division 2.1 Section 9 R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9 Meaning of record of an agency etc (1) For this Act, a record of the Executive— (a) is a record under the Executive’s control or that it is entitled to control, kept as a record of its activities; and (b) includes a record created or received by a Minister as a member of the Executive; but (c) does not include a record— (i) relating to the Minister’s personal or political activities; or (ii) created or received by the Minister only in the Minister’s capacity as a member of the Legislative Assembly. (2) For this Act, a record of an agency other than the Executive is a territory record under the agency’s control or to which it is entitled to control. (3) For this Act, a territory record is a record made and kept, or received and kept, by a person in the course of exercising a function under a territory law.

10 Meaning of records management (1) For this Act, records management, in relation to an agency, is the managing of records of the agency— (a) to meet its operational needs; and (b) to ensure its records are managed and, if appropriate, preserved in accessible form— (i) to allow public access to them consistent with the principles of the FOI Act; and (ii) for the benefit of future generations.

Part 2 Management and care of records Division 2.2 Obligation of principal officers Section 11 page 8 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) Records management covers, but is not limited to, the creation, keeping, protection, preservation, storage and disposal of, and access to, records of the agency. 11 Meaning of control and entitled to control of a record (1) For this Act, an agency has control of a record if the agency has possession of the record. (2) For this Act, an agency is entitled to control a record if it is entitled to possession of the record. 12 Records to which Act applies This Act applies to a record of an agency whenever it was made. Division 2.2 Obligation of principal officers 13 Principal officers must ensure Act complied with The principal officer of an agency must ensure that the agency complies with this Act in relation to its records. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104). Division 2.3 Records management

14 Agencies to make and keep records An agency must make and keep full and accurate records of its activities.

15 Agencies to ensure accessibility of information An agency must take the steps necessary to ensure that the information in its records continues to be accessible in accordance with the FOI Act and this Act.

Management and care of records Part 2 Records management Division 2.3 Section 16 R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

16 Approved records management programs (1) An agency must have an approved records management program. (2) The approved records management program must include arrangements— (a) for ensuring that the agency complies with this Act and the records management program; and Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104). (b) for establishing normal practices and procedures for the exercise of functions of the agency in relation to its records (normal administrative practices), including the disposal of records; and (c) for telling the director about any arrangements entered into with an entity that is not an agency to carry out any aspect of its records management; and (d) under which the director may examine the operation of the records management program and the agency’s compliance with this Act and the records management program; and (e) for the resolution of disputes about whether the agency is complying with this Act or the records management program; and (f) to allow the director to report on the agency’s compliance with this Act and the records management program; and (g) for allocating resources for the records management program; and (h) for the proper care of records of the agency, particularly records of archival or enduring value; and (i) for preserving records containing information that may allow people to establish links with their Aboriginal or Torres Strait Islander heritage; and

Part 2 Management and care of records Division 2.3 Records management Section 16 page 10 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (j) for the regular review of records to which a declaration under section 28 (Declarations applying provisions of FOI Act) applies; and (k) for the director, if asked by the agency, to provide assistance, advice and training to the agency in records management; and (l) for review and replacement or amendment of the records management program. (3) Subsection (2) does not limit the matters that may be included in the approved records management program. (4) An agency may dispose of a record only in accordance with its records management program. (5) An agency may dispose of a record mentioned in subsection (2) (i) only after consulting the council. (6) An agency must comply with its records management program. (7) Subsection (6) has effect despite any other Territory law, including the Inquiries Act 1991, Judicial Commissions Act 1994 or Royal Commissions Act 1991. (8) Despite anything else in this section— (a) an approved records management program for health records is in addition to, and must not be inconsistent with, the requirements of the Health Records Act; and (b) the Health Records Act prevails to the extent of any inconsistency between the program and the Health Records Act.

Management and care of records Part 2 Records management Division 2.3 Section 17 R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 17 Procedure for approving records management programs (1) The principal officer of an agency may, in writing, approve a records management program for the agency if satisfied that— (a) it complies with the approved standards and codes; and (b) the director has approved a schedule for the disposal of records of the agency; and (c) it includes the arrangements mentioned in section 16 (2) (Approved records management programs); and (d) for records of an agency containing information that may allow people to establish links with their Aboriginal or Torres Strait Islander heritage—the agency has consulted with the council; and (e) for records of the agency that are health records—it is not inconsistent with the Health Records Act. (2) However, the principal officer of an agency may approve an agency’s records management program even though the program does not comply with an approved standard or code, only if the director has certified in writing that the noncompliance is necessary for the agency’s operational needs. (3) If the principal officer of an agency approves an agency’s records management program, the principal officer must give a copy of the program to the director.

18 Approved standards and codes for records management (1) The director may, in writing, approve standards and codes for agency records management. (2) Before approving a standard or code, the director must give a copy to each agency and give the agency a reasonable opportunity to comment on the standard or code.

Part 2 Management and care of records Division 2.3 Records management Section 19 page 12 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) In deciding whether to approve a standard or code, the director must take into account any comments made by an agency. (4) An approved standard or code is a notifiable instrument.

19 Approval of schedules for the disposal of records (1) The director may, in writing, approve schedules for the disposal of an agency’s records. (2) An approved schedule is a notifiable instrument.

19A Records disposal schedules—suspension (1) The director may suspend a schedule approved under section 19 in relation to a record or a class of records mentioned in the schedule. (2) A suspension is a notifiable instrument.

20 Review of approved standards and codes The director must keep the approved standards and codes under review. 21 Inspection of records management programs (1) The principal officer of an agency must make the agency’s records management program available for public inspection without charge during ordinary working hours at the office of the principal officer and any other place decided by the principal officer. (2) This section does not require the principal officer of an agency to include in the agency’s records management program made available for public inspection information about the existence or non-existence of a document if that information would make the program contrary to the public interest information.

Management and care of records Part 2 Protection of records Division 2.4 Section 22 R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 2.4 Protection of records

22 Protecting records (1) An agency must ensure the safekeeping and proper preservation of its records. (2) An agency must ensure that its records that are in someone else’s possession are held under arrangements that provide for the safekeeping, proper preservation and return of the records. (3) If an agency does not have control of a record that it is entitled to control and the record is not held under arrangements mentioned in subsection (2), the agency must take reasonable steps to recover control of the record. (4) Subsection (3) does not apply if the record is under the control of someone else who has a right to control it. 23 Protection measures (1) An agency must not— (a) abandon or dispose of a record; or (b) transfer or offer to transfer, or be a party to arrangements for the transfer of, the possession or ownership of a record; or (c) damage a record; or (d) neglect a record in a way that causes, or is likely to cause, damage to the record. (2) However, an agency does not contravene subsection (1) by doing— (a) anything in accordance with the agency’s normal administrative practice; or (b) anything authorised or required to be done under this Act, or a provision of another Act, or a subordinate law, prescribed under the regulations; or

Part 2 Management and care of records Division 2.4 Protection of records Section 23A page 14 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) anything with the written approval of the director or in accordance with a practice or procedure approved by the director; or (d) anything in accordance with a resolution of the Legislative Assembly; or (e) anything in accordance with an order or decision of a court or tribunal. (3) Despite section 23 (1) (b), the director may approve, in writing, the transfer of the possession or ownership of a record of an agency to a public body of the Commonwealth or a State if the director is satisfied on reasonable grounds— (a) that the record is not a record the agency should retain control over; and (b) in relation to any other matter prescribed by regulation for this subsection. Note State includes the Northern Territory (see Legislation Act, dict, pt 1). (4) This section prevails over an Act enacted before the commencement of this section. (5) An Act enacted after the commencement of this section is not to be interpreted as prevailing over or otherwise changing the effect of this section except so far as the Act provides expressly for it to have that effect.

23A Agencies with inter-government functions (1) This section applies to an agency that exercises functions (inter-government functions) under a law, or under an agreement or other arrangement between governments, that provides for the exercise of functions by the agency jointly or in cooperation with a public body of the Commonwealth or a State. Note State includes the Northern Territory (see Legislation Act, dict, pt 1).

Management and care of records Part 2 Protection of records Division 2.4 Section 23B R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The director may enter into an agreement (an inter-government records agreement) with the agency about the agency’s rights and obligations in relation to the making, keeping, protection and control of and access to the agency’s inter-government records. (3) An inter-government records agreement may exclude or modify the operation of a provision of this Act in its application to inter-government records. (4) This Act has effect in relation to an inter-government record mentioned in subsection (3) in accordance with the inter-government records agreement. (5) In this section: inter-government record, of an agency, means a record of the agency that relates to its inter-government functions. public body means a body established for a public purpose.

23B Report about inter-government records agreements (1) This section applies if the director enters into an inter-government records agreement with an agency under section 23A (2). (2) The director must give a report about the agreement to the Minister. (3) The report must include the following information: (a) the name of the agency; (b) the date the agreement was entered into; (c) a brief description of the agreement, including whether the agreement excludes or modifies the operation of a provision of this Act in its application to inter-government records. (4) If the Minister is given a report under subsection (2), the Minister must present the report to the Legislative Assembly within 6 sitting days after the day the Minister receives the report.

Part 2 Management and care of records Division 2.5 Miscellaneous Section 24 page 16 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 24 Normal administrative practice (1) Something is taken to have been done in accordance with an agency’s normal administrative practice if— (a) it is done in accordance with the normal practices and procedures for the exercise of functions in the agency; and (b) the practices and procedures are consistent with the agency’s approved records management program. (2) However, something is taken not to have been done in accordance with an agency’s normal administrative practice if— (a) it is done corruptly or fraudulently, for the purpose of concealing evidence of wrongdoing, or for any other improper purpose; or (b) it is conduct declared under the regulations to be unacceptable conduct; or (c) it is done in accordance with a practice or procedure declared under the regulations to be unacceptable; or (d) it is done in accordance with a practice or procedure that the Minister has told the agency in writing is unacceptable.

Division 2.5 Miscellaneous

25 Records of agency that no longer exists etc (1) If an agency (the original agency) is abolished or otherwise ceases to exist, the records of the agency become the records of— (a) the agency that exercises the functions of the original agency to which the record most closely relates; or (b) if the head of service directs that the record becomes the record of an agency—that agency.

Management and care of records Part 2 Miscellaneous Division 2.5 Section 25 R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) If a function of an agency (the original agency) is given or transferred to another agency, the records of the agency relating to the function become the records of— (a) the agency to which the functions of the original agency are transferred; or (b) if the head of service directs that the record becomes the record of an agency—that agency. (3) If a function of an agency (the original agency) is discontinued, the records of the agency become the records of— (a) the agency that exercises the functions of the original agency to which the record most closely relates; or (b) if the head of service directs that the record becomes the record of an agency—that agency.

Part 3 Agency records—access Section 26 page 18 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Agency records—access 26 Access to records (1) A record of an agency is open to public access under this Act on the next Canberra Day after the end of 20 years after the record, or the original of which it is a copy, came into existence. (2) A person is entitled to access under this Act to a record of an agency that is open to public access. 27 Requests for access (1) A person who wishes to have access to a record of an agency that is open to public access may apply to the agency. (2) An agency must take reasonable steps to assist a person to make a request in accordance with this section. (3) An agency to which a request is made in accordance with this section must comply with the request within a reasonable time.

28 Declaration applying provisions of FOI Act (1) The director may, on application by an agency, declare a record of the agency to be a record to which the FOI Act, part 5 (Access applications) applies. (2) The director may make the declaration only if— (a) the disclosure of the record would, or could reasonably be expected to— (i) endanger the life or physical safety of a person; or (ii) prejudice law enforcement; or

Agency records—access Part 3 Section 29 R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iii) unreasonably disclose information about any person (including a deceased person); or (iv) be a contempt of court or the Legislative Assembly; or (b) the record is subject to legal professional privilege. (3) Unless sooner revoked, a declaration is in force for— (a) 10 years after the day it is made; or (b) if a shorter period is stated in the declaration—the stated period. (4) A declaration can be made more than once for a record. (5) While a declaration about a record is in force, a person is not entitled to access to the record under this Act. Note A record to which a declaration applies may be accessed under the FOI Act. 29 Giving access to records under this Act (1) If a person is entitled to access under this Act to a record of an agency, the person is entitled to be given access to the record by being given— (a) a reasonable opportunity to inspect the record; or (b) a copy of the record; or (c) if the record is a record from which information may be produced or made available by electronic or other means— access to the information by use of that means; or (d) if the record is a record of words in a sound recording, or in shorthand or other encoded material—a written transcript of the words.

Part 3 Agency records—access Section 30 page 20 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The person is entitled to choose how the person is to be given access, but the agency may decide to give access in another way if satisfied that access in the way chosen by the person— (a) is not practicable because the agency does not have, and cannot readily obtain, equipment necessary to give access that way; or (b) would be unreasonable because of the cost to the agency in giving access that way; or (c) would interfere unreasonably with the agency’s operations; or (d) would not be appropriate having regard to the physical nature of the record; or (e) would be detrimental to the proper preservation of the record; or (f) would be an infringement of copyright, other than copyright owned by the Territory or an agency. (3) The agency may give access subject to conditions to ensure the safe custody and proper preservation of the record.

30 Register of records An agency must keep a register of its records in relation to which a declaration under section 28 (Declaration applying provisions of FOI Act) is in force.

Agency records—access Part 3 Section 31 R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

31 Protection from liability when access given If an agency (the access provider) gives access under this Act to a record of the agency— (a) an action for defamation or breach of confidence does not lie against the Territory, an agency, a public servant, or anyone else acting with the authority of the access provider, because of the giving of the access; and (b) an action for defamation or breach of confidence in relation to a publication involved in, or resulting from, the giving of the access does not lie against the author of the record or anyone else because of the author or the other person having given the record to an agency; and (c) the giving of the access is not, for a law about defamation or breach of confidence, an authorisation or approval of the publication of the record or its contents by the person to whom the access is given.

Part 3A Executive records—access and release Section 31A page 22 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3A Executive records—access and release

31A Application—pt 3A This part applies to an executive record whenever the submission day for the record happened.

31B Definitions—pt 3A In this part: accessible executive record means an executive record (or part of a record) on or after its earliest release day. earliest release day, for an executive record, means the next Canberra Day after the end of 10 years after the record’s submission day. Example If the submission day for an executive record was 1 February 2002, its earliest release day is Canberra Day 2012. Executive includes a committee of the Executive. executive record means— (a) a record (or part of a record) that— (i) has been, or is proposed by a Minister to be, submitted to the Executive for consideration; and (ii) was brought into existence for the purpose of submission for consideration by the Executive; or (b) an official record (or part of an official record) of the Executive; or (c) a copy of a record (or part of a record) mentioned in paragraph (a) or (b); or

Executive records—access and release Part 3A Section 31C R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) a record (or part of a record) the disclosure of which would involve the disclosure of any deliberation or decision of the Executive, other than a record (or part of a record) by which a decision of the Executive was officially published. later release day—see section 31G (7). principal officer means principal officer of the Executive. protected private information—see section 31G (2) (b). release period, for a request under section 31D— see section 31FA (1). release restraint determination—see section 31G (2). reviewable decision notice—see section 31I (1). submission day, of an executive record, means the day of the meeting of the Executive to which the record relates.

31C List of released executive records—publication (1) The principal officer must arrange for a list of all accessible executive records to be available to the public, without charge, in printed and electronic form. Example—electronic form making an electronic copy of the list available on a website Note An executive record becomes an accessible executive record on its earliest release day (see s 31B, defs of accessible executive record and earliest release day). (2) If a release restraint determination is in force in relation to an executive record, the principal officer must— (a) arrange for the determination to be listed in relation to the entry for the executive record; and (b) include a reviewable decision notice in the entry.

Part 3A Executive records—access and release Section 31D page 24 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

31D Requests for access A person who wishes to have access to an accessible executive record may apply to the principal officer.

31E Giving access to accessible executive records— no release restraint determination (1) This section applies if— (a) the principal officer receives a request from a person under section 31D for access to an accessible executive record; and (b) no release restraint determination is in force in relation to the record. (2) The principal officer must, without charge, give the person a copy of the accessible executive record as soon as practicable, but not later than 30 working days, after the day the officer receives the request.

31F Giving access to accessible executive records—release restraint determination (1) This section applies if— (a) the principal officer receives a request from a person under section 31D for access to an accessible executive record; and (b) either— (i) the principal officer has decided, or decides, to make a release restraint determination about the record (see section 31G (Release delayed or denied)); or (ii) a release restraint determination about the record is in force.

Executive records—access and release Part 3A Section 31F R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) If a release restraint determination about the record is in force, the principal officer must, without charge— (a) for any part of the record to which the determination does not apply—give the person a copy of the part as soon as practicable, but not later than 30 working days, after the day the officer receives the request; and (b) for any part of the record to which the determination applies— (i) if the request is made before the later release day for the part—refuse the request; or (ii) if the request is made on or after the later release day for the part—give the person a copy of the part as soon as practicable, but not later than 30 working days, after the day the officer receives the request. (3) However, the principal officer must refuse a request for a copy of a part of a record if— (a) a release restraint determination is in force determining the part to contain protected private information; and (b) the determination provides that the part is not to be released at all. (4) Despite subsections (2) (b) (i) and (3), the principal officer must give a person a copy of a part of the record as soon as practicable, but not later than 30 working days, after the day the officer receives the request if— (a) a release restraint determination is in force determining the part to contain protected private information; and (b) either— (i) the protected private information relates only to that person; or

Part 3A Executive records—access and release Section 31FA page 26 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) if the person to whom the information relates is dead—the person requesting the copy is the dead person’s legal personal representative. Example If the protected private information relates to a number of people, and is made jointly by all those people, or by a person with the authority of all those people, s (4) (b) would apply to allow the request to be granted. (5) If the principal officer has made a release restraint determination about the record that is in force, the principal officer must (whether the principal officer gives the person a copy of any part of the record), as soon as practicable, but not later than 30 working days, after the day the officer receives the request, give the person— (a) a copy of the determination; and (b) if the determination was made after the request was received— a reviewable decision notice. 31FA Extension of time for giving access (1) This section applies if, under section 31E or section 31F, the principal officer must give a person a copy of an accessible executive record, or part of a record, not later than a stated period after the day the officer receives the request (the release period). (2) The release period for the request is extended by the following: (a) any period agreed between the principal officer and the person making the request; (b) any period decided by the principal officer under section 31FAA; (c) any period decided by the ombudsman under section 31FAB. (3) Also, if the release period includes 1 or more Christmas shutdown days, the release period is extended by the number of Christmas shutdown days.

Executive records—access and release Part 3A Section 31FAA R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) In this section: Christmas shutdown day means a working day that falls on 27, 28, 29, 30 or 31 December in a year. 31FAA Extension of time by principal officer (1) The principal officer may, before the end of the release period for a request, extend the release period for the request by not more than 30 working days if— (a) the request involves dealing with a large volume of information; or (b) the request is complex; or (c) the principal officer considers an extension is reasonable in the circumstances. (2) The principal officer may extend the release period only once under this section. 31FAB Extension of time by ombudsman (1) The principal officer may, before the end of the release period for a request, apply to the ombudsman to extend the release period for the request. (2) An application may be made to the ombudsman whether or not the principal officer has extended the release period under section 31FAA. (3) The ombudsman may extend the release period for the request if— (a) the request involves dealing with a large volume of information; or (b) the request is complex; or (c) the ombudsman considers an extension is reasonable in the circumstances.

Part 3A Executive records—access and release Section 31FB page 28 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) The ombudsman may extend the release period more than once under this section. (5) An extension of a release period may be subject to conditions. (6) The principal officer may continue to deal with the request for access, including by making a release restraint determination, while the ombudsman considers the principal officer’s application. 31FB Access not given in time taken to be refusal to give access If the principal officer does not give a person requesting access to an accessible executive record a copy of the record, or part of the record, within the release period (including any extension under section 31FA), the principal officer is taken to have made, at the end of the release period, a release restraint determination that the record is not to be released at all.

31G Release delayed or denied (1) Before giving a copy of an accessible executive record to a person under section 31E or section 31F, the principal officer must assess whether it contains information that would, or could reasonably be expected to— (a) endanger the life or physical safety of a person; or (b) be an unreasonable limitation on a person’s rights under the Human Rights Act 2004; or (c) significantly prejudice an ongoing criminal investigation. (2) The principal officer may determine (by a release restraint determination)— (a) that any part of the record containing the information is only to be released on or after the later release day; or

Executive records—access and release Part 3A Section 31G R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) for any information (protected private information) that would, or could reasonably be expected to, disclose personal information about any person (including a deceased person) and is contrary to the public interest information— (i) that the part containing the information is only to be released on or after the later release day; or (ii) that the part containing the information is not to be released at all. (3) The determination must state the reasons for making the determination. (4) Unless the determination states that the relevant part of the record is not to be released at all (see subsection (2) (b) (ii)), it— (a) may determine a day for subsection (7) (a), by stating a particular day or providing a way of working out the day; and (b) must explain how the later release day for the record is worked out under subsection (7). (5) A copy of the determination must be kept with the record. (6) The determination commences on the day it is made. (7) The later release day for a part of the record is the earliest of the following: (a) the determined day (if any) under subsection (4) (a); (b) the day 5 years after the record’s earliest release day; (c) the next Canberra Day after the end of 20 years after the record’s submission day; (d) if the determination ceases to be in force—the day it ceases to be in force.

Part 3A Executive records—access and release Section 31H page 30 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

31H FOI Act access not prevented This part must not be interpreted as restricting any right of access to information under the FOI Act. 31HA Functions of ombudsman (1) The ombudsman has the following functions for this Act: (a) to extend the release period for an accessible executive record in accordance with section 31FAB; (b) to review release restraint determinations under this part. (2) The ombudsman, in exercising a function under this Act, is entitled to full and free access at reasonable times to the relevant accessible executive record.

31I Ombudsman review notice—release restraint determination (1) The principal officer must give written notice (a reviewable decision notice) of a release restraint determination to each person whose interests are affected by the determination. (2) In particular, the reviewable decision notice must tell the person that they have— (a) the right to apply to the ombudsman for review of the determination and how the application must be made; and (b) the right to apply to the ACAT for review of the ombudsman’s decision if the person is dissatisfied with that decision.

31J Ombudsman review of certain determinations A person whose interests are affected by a release restraint determination, including a determination taken to have been made under section 31FB, may apply in writing to the ombudsman for review of the determination.

Executive records—access and release Part 3A Section 31K R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

31K Applications for ombudsman review (1) An application to the ombudsman for review of a release restraint determination must be made within— (a) 28 days after— (i) the day the applicant is told about the determination by the principal officer; or (ii) for a determination taken to have been made under section 31FB—the day the determination was taken to have been made; or (b) any longer period allowed by the ombudsman, whether before or after the end of the 28-day period. (2) The application must set out the grounds on which review of the determination is sought. (3) The making of the application for review does not affect the operation of the determination. 31KA Ombudsman may require additional information from applicant or principal officer (1) Before deciding an application under section 31L, the ombudsman may require the applicant or principal officer to give the ombudsman, within a stated time, additional information that the ombudsman reasonably needs to decide the application. (2) If the applicant or principal officer fails to comply with the requirement within the stated time, the ombudsman may refuse to consider the application further. (3) The review period mentioned in section 31L (7) does not include any time given to the applicant or principal officer to comply with a requirement under this section.

Part 3A Executive records—access and release Section 31L page 32 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

31L Ombudsman review (1) The ombudsman must, within the review period for an application for review of a release restraint determination, decide the application by confirming, varying or revoking the determination. (2) The review period for an application is extended by the following: (a) any period agreed between the ombudsman and the applicant; (b) any period decided by the ombudsman under subsection (4). (3) Also, if the review period includes 1 or more Christmas shutdown days, the review period is extended by the number of Christmas shutdown days. (4) The ombudsman may, before the end of the review period for the application, extend the review period by not more than 30 working days if— (a) the request involves dealing with a large volume of information; or (b) the request is complex; or (c) the ombudsman considers an extension is reasonable in the circumstances. (5) As soon as practicable after reviewing the determination, the ombudsman must give written notice of the decision on the review to the applicant. (6) If the ombudsman does not vary or revoke the determination within the review period (including any extension under subsection (2)), the ombudsman is taken to have confirmed the determination. (7) In this section: Christmas shutdown day—see section 31FA (4).

Executive records—access and release Part 3A Section 31M R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au review period, for an application for review of a release restraint determination, means the period ending 30 working days after the later of the following: (a) the day the ombudsman receives the application; (b) the day the ombudsman is given access to the relevant accessible executive record. Note The ombudsman is entitled to access a relevant accessible executive record when exercising a function under this Act (see s 31HA (2)).

31M Review of determinations by ACAT A person whose interests are affected by a release restraint determination may apply to the ACAT for review of a decision made by the ombudsman under section 31L, including a decision taken to have been made under section 31L (6). 31MA Participants in review by ACAT (1) The applicant for ACAT review and the principal officer are participants in the ACAT review. (2) Any other person may apply to the ACAT to participate in the review. (3) The ACAT may allow the person to participate in the review in the way the ACAT directs.

31N Protection from liability—executive records The Territory is not liable to any person for anything done honestly and without recklessness to comply with this part.

Part 4 Director of Territory Records Section 32 page 34 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Director of Territory Records

32 Establishment of position The position of Director of Territory Records is established.

33 Functions (1) The director has the following functions: (a) to develop and approve standards and codes for records management by agencies; (b) to assist in the development of an agency’s records management program and amendments of the program; (c) to encourage consistency in records management programs between agencies; (d) on behalf of the Territory or an agency, to recover possession or control of records that, for whatever reason, are not under the control of an agency; (e) to give advice to agencies about the preparation of, and to approve or suspend, schedules for the disposal of records under records management programs; (f) to monitor the disposal of records by agencies; (g) to examine the operation of the records management program of an agency and the agency’s compliance with this Act and the program and report on the operation and compliance; (h) to advise the Minister on any matter relevant to records management or the operation of this Act; (i) to give assistance, advice and training to agencies in records management;

Director of Territory Records Part 4 Section 33 R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (j) to develop measures for the preservation of records about Aboriginal and Torres Strait Islander heritage; (k) to encourage consistency between agencies in the preparation of indexes and other guides to assist in the awareness of, and access to, records; (l) to encourage the development of appropriate records management training for agency staff; (m) on behalf of the Territory or an agency, to enter into and manage arrangements with the National Archives of Australia or any other entity about records management; (n) to assist in the development of facilities for access by the public to records; (o) to exercise any other function given to the director under this Act or any other Territory law; (p) to do anything else— (i) incidental, complementary or helpful to the director’s other functions; or (ii) likely to improve the effective and efficient exercise of the director’s other functions. Note A provision of a law that gives an entity (including a person) a function also gives the entity the powers necessary and convenient to exercise the function (see Legislation Act, s 196 (1) and dict, pt 1, defs entity and function).

Part 4 Director of Territory Records Section 34 page 36 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) In subsection (1) (g): report means— (a) for an agency mentioned in section 7 (Meaning of agency) other than a board of inquiry or royal commission—report to the Minister; and (b) for a board of inquiry or royal commission—report to the Legislative Assembly.

34 Appointment of the director The director is appointed by the Minister. Note 1 For the making of appointments generally, see Legislation Act, pt 19.3. Note 2 Certain statutory appointments made by a Minister require consultation with a Legislative Assembly committee and are disallowable (see Legislation Act, div 19.3.3). Note 3 A power to appoint a person to a position includes power to appoint a person to act in the position (see Legislation Act, s 209).

35 Term of appointment of director The director is to be appointed for a term not longer than 5 years. Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

36 Ending of appointment of director The Minister may end the director’s appointment— (a) for misbehaviour or physical or mental incapacity; or (b) if the director becomes bankrupt or personally insolvent; or (c) if the director is convicted or found guilty of an indictable offence; or

Director of Territory Records Part 4 Section 37 R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) if the member fails to comply with section 51 (Disclosure of interests by members of council) without reasonable excuse; or (e) if the director is absent from duty, other than on approved leave, for 14 consecutive days or for 28 days in any 12-month period. Note The director’s appointment also ends if the director resigns (see Legislation Act, s 210).

37 Conditions of appointment generally The director holds the position on the conditions not provided by this Act or another Territory law that are decided by the Minister.

38 Delegation The director may delegate the director’s powers under this Act (other than section 28 (Declaration applying provisions of FOI Act) to a public servant. Note For the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4.

39 Ministerial directions to the director (1) The Minister may give written directions to the director about the exercise of the director’s functions. (2) Before giving a direction, the Minister must— (a) tell the director of the intent of the proposed direction; and (b) give the director a reasonable opportunity to comment on the proposed direction; and (c) consider any comments made by the director. (3) The Minister must present a copy of a direction given under this section to the Legislative Assembly within 6 sitting days after the day it is given.

Part 4 Director of Territory Records Section 40 page 38 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) The director must comply with a direction given to the director under this section. (5) For the Competition and Consumer Act 2010 (Cwlth), this Act authorises— (a) the giving of a direction under this section; and (b) the doing of, or the failure to do, anything by the director to comply with a direction under this section.

40 Arrangements for staff The director may arrange with the head of service to use the services of a public servant. Note The head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).

Territory Records Advisory Council Part 5 Establishment, functions and members of council Division 5.1 Section 41 R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Territory Records Advisory Council Division 5.1 Establishment, functions and members of council

41 Territory Records Advisory Council There is a Territory Records Advisory Council.

42 Functions of council The functions of the council are to advise the director about— (a) the development and review of standards and codes for agency records management; and (b) the disposal of agency records; and (c) the preservation of agency records about Aboriginal and Torres Strait Islander heritage; and (d) issues relating to the access to records that are open to public access under section 26 (Access to records). Note A provision of a law that gives an entity (including a person) a function also gives the entity the powers necessary and convenient to exercise the function (see Legislation Act, s 196 (1) and dict, pt 1, defs of entity and function).

43 Membership of council The council consists of— (a) the director; and (b) not less than 5, and not more than 8, members (the appointed members) appointed by the Minister under section 44.

Part 5 Territory Records Advisory Council Division 5.1 Establishment, functions and members of council Section 44 page 40 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

44 Appointed members of council (1) The Minister must appoint as a member at least 1 person to represent each of the following: (a) agencies; (b) professional organisations interested in records management and archives; (c) community associations interested in historical or heritage issues; (d) entities interested in Aboriginal and Torres Strait Islander heritage; (e) organisations interested in public administration, governance or public accountability. Note 1 For the making of appointments generally, see Legislation Act, pt 19.3. Note 2 Certain statutory appointments made by a Minister require consultation with a Legislative Assembly committee and are disallowable (see Legislation Act, div 19.3.3). Note 3 A power to appoint a person to a position includes power to appoint a person to act in the position (see Legislation Act, s 209). (2) The person appointed to represent entities mentioned in subsection (1) (d) must be an Aboriginal or Torres Strait Islander.

45 Chairperson and deputy chairperson (1) The Minister must appoint— (a) an appointed member to be chairperson; and (b) another appointed member to be deputy chairperson (2) A person appointed to be chairperson or deputy chairperson ceases to hold office if the person ceases to be an appointed member.

Territory Records Advisory Council Part 5 Establishment, functions and members of council Division 5.1 Section 46 R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

46 Term of appointment of appointed members An appointed member is to be appointed for a term of not longer than 3 years. Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

47 Ending of appointment of appointed members (1) The Minister must end the appointment of an appointed member if satisfied that the member is no longer an appropriate person to represent the relevant group of entities mentioned in section 44 (1) (a), (b), (c) and (d) (Appointed members of council). (2) The Minister may end the appointment of an appointed member— (a) for misbehaviour or physical or mental incapacity; or (b) if the member is absent for 3 consecutive meetings of the council without reasonable excuse; or (c) if the member is convicted or found guilty of an indictable offence; or (d) if the member fails to comply with section 51 (Disclosure of interests by members of council) without reasonable excuse. Note A member’s appointment also ends if the member resigns (see Legislation Act, s 210).

48 Conditions of appointment generally An appointed member holds the position on the conditions not provided by this Act or another Territory law that are decided by the Minister.

Part 5 Territory Records Advisory Council Division 5.2 Proceedings of council Section 49 page 42 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 5.2 Proceedings of council

49 Time and place of meetings of council (1) The council is to meet at the times and places it decides. (2) However, the council must meet at least 4 times a year. (3) The chairperson— (a) may at any time call a meeting of the council; and (b) must call a meeting if asked by the Minister, the director or at least 3 appointed members. (4) If the chairperson is not available for any reason to call a meeting of the council, the deputy chairperson may call the meeting.

50 Procedures governing proceedings of council (1) The chairperson of the council presides at all meetings of the council at which the chairperson is present. (2) If the chairperson is absent, the deputy chairperson presides. (3) If the chairperson and deputy chairperson are both absent, the member chosen by the members present presides. (4) Business may be carried out at a meeting of the council only if 3 appointed members are present. (5) At a meeting of the council each appointed member has a vote on each question to be decided. (6) A question is to be decided by a majority of the votes of the appointed members present and voting but, if the votes are equal, the member presiding has a casting vote. (7) The council may hold meetings, or allow members to take part in meetings, by telephone, closed-circuit television or another form of communication.

Territory Records Advisory Council Part 5 Proceedings of council Division 5.2 Section 51 R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (8) A member who takes part in a meeting conducted under subsection (7) is taken to be present at the meeting. (9) A resolution of the council is a valid resolution, even though it was not passed at a meeting of the council, if— (a) all appointed members agree, in writing, to the proposed resolution; and (b) notice of the resolution is given under procedures decided by the council. (10) The council must keep minutes of its meetings. (11) The council may conduct its proceedings (including its meetings) as it otherwise considers appropriate.

51 Disclosure of interests by members of council (1) This section applies to a member of the council if— (a) the member has a direct or indirect financial interest in an issue being considered, or about to be considered, by the council; and (b) the interest could conflict with the proper exercise of the member’s functions in relation to the council’s consideration of the issue. (2) As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a meeting of the council. (3) The disclosure must be recorded in the council’s minutes and, unless the council otherwise decides, the member must not— (a) be present when the council considers the issue; or (b) take part in a decision of the council on the issue.

Part 5 Territory Records Advisory Council

Division 5.2 Proceedings of council Section 51 page 44 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) Any other member who also has a direct or indirect financial interest in the issue must not— (a) be present when the council is considering its decision under subsection (3); or (b) take part in making the decision. (5) Within 14 days after the end of each financial year, the chairperson of the council must give the Minister a statement of any disclosure of interest made under this section during the financial year.

Miscellaneous Part 6 Section 52 R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 45 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Miscellaneous

52 Secrecy (1) In this section: court includes any tribunal or other entity having power to require the production of documents or the answering of questions. person to whom this section applies means a person who is or has been— (a) the director; or (b) an appointed member of the council; or (c) anyone else who has exercised a function under this Act. produce includes permit access to. protected information means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the person’s position under this Act or the exercise of a function under this Act. (2) A person to whom this section applies commits an offence if the person— (a) makes a record of protected information; or (b) directly or indirectly, discloses or communicates to a person protected information about someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Part 6 Miscellaneous Section 53 page 46 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) Subsection (2) does not apply if the record is made, or the information is disclosed or communicated— (a) under this or any other Act; or (b) in relation to the exercise of a function, as a person to whom this section applies, under this or any other Act. (4) Subsection (2) does not prevent a person to whom this section applies from divulging or communicating protected information to a person about someone else with the consent of the other person. (5) A person to whom this section applies is not required— (a) to divulge or communicate protected information to a court; or (b) to produce a document containing protected information to a court; unless it is necessary to do so for this Act or another Act.

53 Secrecy about information acquired under other Acts (1) The provisions of another Act imposing restrictions or obligations of secrecy or nondisclosure of information acquired in the course of the administration of that Act apply to a person who, because of the person’s position under this Act or in the exercise of functions under this Act, has access to the information because of the information having been acquired in the course of the administration of the other Act. (2) For subsection (1), the person who has access to the information in the exercise of functions under this Act is taken to be a person engaged in the administration of the other Act.

Miscellaneous Part 6 Section 54 R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 47 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) Subsection (1) does not prevent— (a) the giving of access to records under part 3 (Access to records); or (b) the preparation and dissemination of guides and aids to finding information contained in the records.

54 Protection from liability (1) In this section: official means— (a) the principal officer of an agency; or (b) the director; or (c) an appointed member of the council; or (d) anyone else exercising a function under this Act. (2) An official does not incur civil or criminal liability for an act or omission done honestly and without negligence for this Act. (3) A civil liability that would, apart from this section, attach to an official attaches instead to the Territory.

55 Determination of fees (1) The Minister may, in writing, determine fees for this Act. (2) A determination is a disallowable instrument.

57 Regulation-making power The Executive may make regulations for this Act.

Part 7 Transitional—Territory Records (Executive Records) Amendment Act 2026 Section 58 page 48 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Part 7 Transitional—Territory Records (Executive Records) Amendment Act 2026 58 Meaning of commencement day—pt 7 In this part: commencement day means the day the Territory Records (Executive Records) Amendment Act 2026, section 3 commences.

59 Requests for access to accessible executive records made before commencement day (1) This section applies to a request for access to an accessible executive record under section 31D made but not finally dealt with before the commencement day. (2) Part 3A, as in force immediately before the commencement day, continues to apply in relation to the request. (3) The principal officer must, before Canberra Day in 2027, deal with the request under sections 31E to 31G and section 31I, as in force immediately before the commencement day.

60 Requests for access to accessible executive records made on or after commencement day and before 1 July 2026 (1) This section applies to a request for access to an accessible executive record (the record) under section 31D made by a person on or after the commencement day and before 1 July 2026. (2) Part 3A, as in force immediately before the commencement day, continues to apply in relation to the request, subject to subsections (3) to (7).

Transitional—Territory Records (Executive Records) Amendment Act 2026 Part 7 Section 61 R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 49 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) If the principal officer is required under section 31E or section 31F, as in force immediately before the commencement day, to give the person a copy of the record, or part of the record, as soon as practicable after receiving the request, the principal officer must give the person the record, or the part of the record, within 30 working days after the day the officer receives the request (the release period). (4) The release period for the request is extended by the following: (a) any period agreed between the principal officer and the person; (b) any period decided by the principal officer under subsection (5). (5) The principal officer may, before the end of the release period for the request, extend the release period by not more than 30 working days if— (a) the request involves dealing with a large volume of information; or (b) the request is complex; or (c) the principal officer considers an extension is reasonable in the circumstances. (6) The principal officer may extend the release period for the request only once under subsection (5). (7) If the principal officer does not give the person the record, or the part of the record, within the release period (including any extension under subsection (4)), the principal officer is taken to have made, at the end of the release period, a release restraint determination that the requested record is not to be released at all. 61 Expiry—pt 7 This part expires on the day after Canberra Day in 2027. Note A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

Dictionary page 50 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 4) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • administrative unit • bankrupt or personally insolvent • director-general (see s 163) • document • entity • Executive • head of service • Minister (see s 162) • Office of the Legislative Assembly • officer of the Assembly • ombudsman • person (see s 160) • public servant • public service • working day. accessible executive record, for part 3A (Executive records—access and release)—see section 31B. agency—see section 7. appointed member—see section 43 (b) (Membership of council). approved records management program means a records management program approved under section 17 (Procedure for approving records management programs). approved code means a code approved under section 18 (Approved standards and codes for records management).

Dictionary R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 51 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au approved standard means a standard approved under section 18 (Approved standards and codes for records management). arrangement includes a contract. Canberra Day, in any year, means the day that is Canberra Day under the Holidays Act 1958. contrary to the public interest information—see the FOI Act, section 16. control, of a record—see section 11. council means the Territory Records Advisory Council. director means the Director of Territory Records. disposal, of a record, includes the deletion or destruction of the record from a record keeping system. earliest release day, for part 3A (Executive records—access and release)—see section 31B. entitled to control, of a record—see section 11. Executive, for part 3A (Executive records—access and release)— see section 31B. executive record, for part 3A (Executive records—access and release)—see section 31B. FOI Act means the Freedom of Information Act 2016. health record—see the Health Records (Privacy and Access) Act 1997, dictionary. Health Records Act means the Health Records (Privacy and Access) Act 1997. later release day, for part 3A (Executive records—access and release)—see section 31B. member means a member of the council.

Dictionary page 52 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au normal administrative practices—see section 24 (Normal administrative practice). principal officer— (a) for this Act generally—see section 8; and (b) for part 3A (Executive records—access and release)— see section 31B. protected private information, for part 3A (Executive records— access and release)—see section 31B. public body means a body established for a public purpose. record— (a) means information created and kept, or received and kept, as evidence and information by a person in accordance with a legal obligation or in the course of conducting business; and (b) includes information in written, electronic or any other form. records management—see section 10. release period, for a request under section 31D, for part 3A (Executive records—access and release)—see section 31FA (1). release restraint determination, for part 3A (Executive records— access and release)—see section 31B. reviewable decision notice, for part 3A (Executive records—access and release)—see section 31B. submission day, for part 3A (Executive records—access and release)—see section 31B. territory record—see section 9 (3).

Endnotes About the endnotes 1 R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 53 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 54 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Territory Records Act 2002 A2002-18 notified LR 13 June 2002 s 1, s 2 commenced 13 June 2002 (LA s 75 (1)) pt 3 commenced 1 July 2008 (s 2 (1) as am by A2007-9 s 4) remainder commenced 2 July 2003 (s 2 (3)) as amended by Criminal Code 2002 A2002-51 sch 1 pt 1.23 notified LR 20 December 2002 s 1, s 2 commenced 20 December 2002 (LA s 75 (1)) sch 1 pt 1.23 commenced 2 July 2003 (s 2 (2) and see A2002-18, s 2 (3)) Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.33 notified LR 19 March 2004 s 1, s 2 commenced 19 March 2004 (LA s 75 (1)) sch 1 pt 1.33 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5) Human Rights Commission Legislation Amendment Act 2005 A2005-41 sch 1 pt 1.13 (as am by A2006-3 amdt 1.3) notified LR 1 September 2005 s 1, s 2 commenced 1 September 2005 (LA s 75 (1)) sch 1 pt 1.13 commenced 1 November 2006 (s 2 (3) (as am by A2006-3 amdt 1.3) and see Human Rights Commission Act 2005 A2005-40, s 2 (as am by A2006-3 s 4) and CN2006-21) Human Rights Commission Legislation Amendment Act 2006 A2006-3 amdt 1.3 notified LR 22 February 2006 s 1, s 2 commenced 22 February 2006 (LA s 75 (1)) amdt 1.3 commenced 23 February 2006 (s 2) Note This Act only amends the Human Rights Commission Legislation Amendment Act 2005 A2005-41

Endnotes Legislation history 3 R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 55 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.96 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.96 commenced 12 April 2007 (s 2 (1)) Territory Records Amendment Act 2007 A2007-9 notified LR 10 May 2007 s 1, s 2 commenced 10 May 2007 (LA s 75 (1)) remainder commenced 11 May 2007 (s 2) Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.56 notified LR 12 August 2008 s 1, s 2 commenced 12 August 2008 (LA s 75 (1)) sch 3 pt 3.56 commenced 26 August 2008 (s 2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.49 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.49 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.73 notified LR 26 November 2009 s 1, s 2 commenced 26 November 2009 (LA s 75 (1)) sch 3 pt 3.73 commenced 17 December 2009 (s 2) Territory Records Amendment Act 2010 A2010-48 notified LR 25 November 2010 s 1, s 2 commenced 25 November 2010 (LA s 75 (1)) remainder commenced 26 November 2010 (s 2) Fair Trading (Australian Consumer Law) Amendment Act 2010 A2010-54 sch 3 pt 3.26 notified LR 16 December 2010 s 1, s 2 commenced 16 December 2010 (LA s 75 (1)) sch 3 pt 3.26 commenced 1 January 2011 (s 2 (1))

Endnotes 3 Legislation history page 56 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.149 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.149 commenced 1 July 2011 (s 2 (1)) Legislative Assembly (Office of the Legislative Assembly) Act 2012 A2012-26 sch 1 pt 1.9 notified LR 24 May 2012 s 1, s 2 commenced 24 May 2012 (LA s 75 (1)) sch 1 pt 1.9 commenced 1 July 2012 (s 2) Officers of the Assembly Legislation Amendment Act 2013 A2013-41 sch 1 pt 1.9 notified LR 7 November 2013 s 1, s 2 commenced 7 November 2013 (LA s 75 (1)) sch 1 pt 1.9 commenced 1 July 2014 (s 2) Judicial Commissions Amendment Act 2015 A2015-1 sch 1 pt 1.7 notified LR 25 February 2015 s 1, s 2 commenced 25 February 2015 (LA s 75 (1)) sch 1 pt 1.7 commenced 1 February 2017 (s 2 (as am by A2015-52 s 28)) Courts Legislation Amendment Act 2015 (No 2) A2015-52 pt 10 notified LR 26 November 2015 s 1, s 2 commenced 26 November 2015 (LA s 75 (1)) pt 10 (s 28) commenced 10 December 2015 (s 2 (2)) Note Pt 10 (s 28) only amends the Judicial Commissions Amendment Act 2015 A2015-1. Justice and Community Safety Legislation Amendment Act 2016 A2016-37 sch 1 pt 1.20 notified LR 22 June 2016 s 1, s 2 commenced 22 June 2016 (LA s 75 (1)) sch 1 pt 1.20 commenced 29 June 2016 (s 2) Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.61 notified LR 25 August 2016 s 1, s 2 commenced 25 August 2016 (LA s 75 (1)) sch 1 pt 1.61 commenced 1 September 2016 (s 2)

Endnotes Legislation history 3 R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 57 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Freedom of Information Act 2016 A2016-55 sch 4 pt 4.26 (as am by A2017-14 s 19) notified LR 26 August 2016 s 1, s 2 commenced 26 August 2016 (LA s 75 (1)) sch 4 pt 4.26 commenced 1 January 2018 (s 2 as am by A2017-14 s 19) Justice and Community Safety Legislation Amendment Act 2017 (No 2) A2017-14 s 19 notified LR 17 May 2017 s 1, s 2 commenced 17 May 2017 (LA s 75 (1)) s 19 commenced 24 May 2017 (s 2 (1)) Note This Act only amends the Freedom of Information Act 2016 A2016-55. Justice and Community Safety Legislation Amendment Act 2017 (No 3) A2017-38 pt 17 notified LR 9 November 2017 s 1, s 2 commenced 9 November 2017 (LA s 75 (1)) pt 17 commenced 1 January 2018 (s 2 (3) and see A2016-55 as am by A2017-14 s 19) Justice and Community Safety Legislation Amendment Act 2019 A2019-17 pt 14 notified LR 14 June 2019 s 1, s 2 commenced 14 June 2019 (LA s 75 (1)) pt 14 commenced 21 June 2019 (s 2) Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.57 notified LR 9 June 2021 s 1, s 2 commenced 9 June 2021 (LA s 75 (1)) sch 3 pt 3.57 commenced 23 June 2021 (s 2 (1)) Statute Law Amendment Act 2022 A2022-14 sch 1 pt 1.1 notified LR 10 August 2022 s 1, s 2 commenced 10 August 2022 (LA s 75 (1)) sch 1 pt 1.1 commenced 24 August 2022 (s 2)

Endnotes

3 Legislation history page 58 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Justice and Community Safety Legislation Amendment Act 2023 (No 2) A2023-42 sch 1 pt 1.3 notified LR 8 November 2023 s 1, s 2 commenced 8 November 2023 (LA s 75 (1)) sch 1 pt 1.3 commenced 9 November 2023 (s 2) Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.92, sch 4 pt 4.173 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 3 pt 3.92, sch 4 pt 4.173 commenced 26 November 2025 (s 2 (3), (9)) Territory Records (Executive Records) Amendment Act 2026 A2026-3 notified LR 16 February 2026 s 1, s 2 commenced 16 February 2026 (LA s 75 (1)) remainder commenced 9 March 2026 (s 2)

Endnotes Amendment history 4 R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 59 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Commencement—pt 3 s 2 sub A2007-9 s 4 om LA s 89 (4) Main purposes of Act s 3 am A2010-48 s 4; pars renum R10 LA; A2016-55 amdt 4.36 Dictionary s 4 am A2007-3 amdt 3.483; A2016-55 amdt 4.37 Offences against Act—application of Criminal Code etc s 5A ins A2002-51 amdt 1.47 Application of Act s 6 am A2005-41 amdt 1.126; A2010-48 s 5, s 6 Meaning of agency s 7 am A2008-36 amdt 1.630; pars renum R8 LA; A2012-26 amdt 1.49; A2013-41 amdt 1.41; pars renum R15 LA; A2016-52 amdt 1.161; A2015-1 amdt 1.7; pars renum R18 LA sub A2016-55 amdt 4.38 am A2017-38 s 52; A2019-17 s 33 Meaning of principal officer s 8 am A2008-36 amdt 1.631; pars renum R8 LA; A2011-22 amdt 1.420; A2012-26 amdt 1.50; A2013-41 amdt 1.42; pars renum R15 LA; A2016-37 amdt 1.41; pars renum R16 LA; A2016-52 amdt 1.162, amdt 1.163 sub A2016-55 amdt 4.38 am A2017-38 s 53, s 54; pars renum R19 LA; A2019-17 s 34, s 35; A2023-42 amdt 1.3 Meaning of record of an agency etc s 9 sub A2010-48 s 7 Approved records management programs s 16 am A2010-48 s 8 Procedure for approving records management programs s 17 am A2010-48 s 9 Approved standards and codes for records management s 18 am A2025-29 amdt 4.175 Approval of schedules for the disposal of records s 19 am A2010-48 s 10; A2025-29 amdt 4.175 Records disposal schedules—suspension s 19A ins A2010-48 s 11 am A2025-29 amdt 4.175

Endnotes 4 Amendment history page 60 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Inspection of records management programs s 21 am A2016-55 amdt 4.39 Protection measures s 23 am A2010-48 s 12; ss renum R10 LA Agencies with inter-government functions s 23A ins A2010-48 s 13 Report about inter-government records agreements s 23B ins A2010-48 s 13 Records of agency that no longer exists etc s 25 am A2011-22 amdt 1.421; A2016-52 amdt 1.164, amdt 1.165 Agency records—access pt 3 hdg sub A2010-48 s 14 Access to records s 26 am A2010-48 s 15 Declaration applying provisions of FOI Act s 28 am A2010-48 s 16 sub A2016-55 amdt 4.40 Giving access to records under this Act s 29 am A2025-29 amdt 4.175 Executive records—access and release pt 3A hdg ins A2010-48 s 17 Application—pt 3A s 31A ins A2010-48 s 17 Definitions—pt 3A s 31B ins A2010-48 s 17 def accessible executive record ins A2010-48 s 17 def Assembly ins A2010-48 s 17 om A2025-29 amdt 3.332 def earliest release day ins A2010-48 s 17 def Executive ins A2010-48 s 17 def executive record ins A2010-48 s 17 def internally reviewable determination ins A2010-48 s 17 om A2026-3 s 4 def internal reviewer ins A2010-48 s 17 om A2026-3 s 4 def later release day ins A2010-48 s 17 def principal officer ins A2010-48 s 17 def protected private information ins A2010-48 s 17

Endnotes Amendment history 4 R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 61 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def release period ins A2026-3 s 5 def release restraint determination ins A2010-48 s 17 def reviewable decision notice ins A2010-48 s 17 def submission day ins A2010-48 s 17 List of released executive records—publication s 31C ins A2010-48 s 17 am A2025-29 amdt 3.333 Requests for access s 31D ins A2010-48 s 17 Giving access to accessible executive records—no release restraint determination s 31E ins A2010-48 s 17 am A2026-3 s 6 Giving access to accessible executive records—release restraint determination s 31F ins A2010-48 s 17 am A2026-3 s 7 Extension of time for giving access s 31FA ins A2026-3 s 8 Extension of time by principal officer s 31FAA ins A2026-3 s 8 Extension of time by ombudsman s 31FAB ins A2026-3 s 8 Access not given in time taken to be refusal to give access s 31FB ins A2026-3 s 8 Release delayed or denied s 31G ins A2010-48 s 17 am A2011-22 amdt 1.422; A2016-55 amdt 4.41, amdt 4.42; A2025-29 amdt 3.334, amdt 4.175 FOI Act access not prevented s 31H hdg sub A2016-55 amdt 4.43 s 31H ins A2010-48 s 17 am A2016-55 amdt 4.44 Functions of ombudsman s 31HA ins A2026-3 s 9 Ombudsman review notice—release restraint determination s 31I hdg sub A2026-3 s 10 s 31I ins A2010-48 s 17 am A2025-29 amdt 4.175 am A2026-3 s 11

Endnotes 4 Amendment history page 62 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Ombudsman review of certain determinations s 31J ins A2010-48 s 17 sub A2026-3 s 12 Applications for ombudsman review s 31K ins A2010-48 s 17 sub A2026-3 s 12 Ombudsman may require additional information from applicant or principal officer s 31KA ins A2026-3 s 12 Ombudsman review s 31L ins A2010-48 s 17 sub A2026-3 s 12 Review of determinations by ACAT s 31M ins A2010-48 s 17 am A2025-29 amdt 3.335, amdt 4.175 sub A2026-3 s 12 Participants in review by ACAT s 31MA ins A2026-3 s 12 Protection from liability—executive records s 31N ins A2010-48 s 17 Functions s 33 am A2004-9 amdt 1.45; A2010-48 s 18, s 19; pars renum R10 LA; A2016-52 amdt 1.166 Ending of appointment of director s 36 am A2008-28 amdt 3.167; A2009-49 amdt 3.188; A2022-14 amdt 1.1 Ministerial directions to the director s 39 am A2010-54 amdt 3.59 Arrangements for staff s 40 am A2011-22 amdt 1.423 sub A2016-52 amdt 1.167 Functions of council s 42 am A2007-3 amdt 3.484; A2010-48 s 20 Membership of council s 43 am A2010-48 s 21 Appointed members of council s 44 am A2010-48 s 22

Endnotes Amendment history 4 R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 63 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Secrecy s 52 am A2002-51 amdt 1.48; ss renum R1 LA (see A2002-51 amdt 1.49) Determination of fees s 55 am A2025-29 amdt 4.175 Approved forms s 56 om A2021-12 amdt 3.170 Regulation-making power s 57 am A2025-29 amdt 4.175 Transitional—Territory Records (Executive Records) Amendment Act 2026 pt 7 hdg ins A2026-3 s 13 exp 9 March 2027 (s 61) Meaning of commencement day—pt 7 s 58 sub A2007-9 s 5 exp 31 December 2010 (s 58 (3)) ins A2026-3 s 13 exp 9 March 2027 (s 61) Requests for access to accessible executive records made before commencement day s 59 ins A2026-3 s 13 exp 9 March 2027 (s 61) Requests for access to accessible executive records made on or after commencement day and before 1 July 2026 s 60 ins A2026-3 s 13 exp 9 March 2027 (s 61) Expiry—pt 7 s 61 ins A2026-3 s 13 exp 9 March 2027 (s 61) Transitional—Executive Documents Release Act 2001 s 100 ins A2010-48 s 23 exp 26 November 2011 (s 100 (5) (LA s 88 declaration applies)) Dictionary dict am A2007-3 amdt 3.485; A2008-36 amdt 1.632; A2009-49 amdt 3.189; A2011-22 amdt 1.424; A2012-26 amdt 1.51; A2013-41 amdt 1.43; A2016-52 amdt 1.168, amdt 1.169; A2019-17 s 36; A2026-3 s 14 def accessible executive record ins A2010-48 s 24 def approved records management program am A2010-48 s 25 def Assembly ins A2010-48 s 26 om A2025-29 amdt 3.336

Endnotes

4 Amendment history page 64 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def Canberra Day ins A2010-48 s 26 def contrary to the public interest information ins A2016-55 amdt 4.45 def earliest release day ins A2010-48 s 26 def Executive ins A2010-48 s 26 def executive record ins A2026-3 s 15 def FOI Act sub A2016-55 amdt 4.46 def health record ins A2010-48 s 26 def Health Records Act ins A2010-48 s 26 def later release day ins A2010-48 s 26 def prescribed authority sub A2007-3 amdt 3.486 om A2016-55 amdt 4.47 def principal officer sub A2026-3 s 16 def protected private information ins A2010-48 s 26 def public body ins A2010-48 s 26 def record sub A2010-48 s 27 def release period ins A2026-3 s 17 def release restraint determination ins A2010-48 s 28 def reviewable decision notice ins A2010-48 s 28 def submission day ins A2010-48 s 28 def territory record ins A2010-48 s 28

Endnotes Earlier republications 5 R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 65 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 2 July 2003 2 July 2003– 12 Apr 2004 A2002-51 new Act and amendments by A2002-51 R2 13 Apr 2004

13 Apr 2004– 31 Oct 2006 A2004-9 amendments by A2004-9 R3 1 Nov 2006 1 Nov 2006– 11 Apr 2007 A2006-3 amendments by A2005-41 as amended by A2006-3 R4 12 Apr 2007

12 Apr 2007– 10 May 2007 A2007-3 amendments by A2007-3 R5 11 May 2007

11 May 2007– 30 June 2008 A2007-9 amendments by A2007-9 R6 1 July 2008 1 July 2008– 25 Aug 2008 A2007-9 commenced provisions R7 26 Aug 2008 26 Aug 2008– 1 Feb 2009 A2008-28 amendments by A2008-28 R8 2 Feb 2009

2 Feb 2009– 16 Dec 2009 A2008-36 amendments by A2008-36 R9 17 Dec 2009

17 Dec 2009– 25 Nov 2010 A2009-49 amendments by A2009-49 R10 26 Nov 2010 26 Nov 2010– 31 Dec 2010 A2010-48 amendments by A2010-48

Endnotes

5 Earlier republications page 66 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No and date Effective Last amendment made by Republication for R11 1 Jan 2011 1 Jan 2011– 30 June 2011 A2010-54 amendments by A2010-54 and expiry of provision (s 58) R12 1 July 2011 1 July 2011– 26 Nov 2011 A2011-22 amendments by A2011-22 R13 27 Nov 2011

27 Nov 2011– 30 June 2012 A2011-22 expiry of transitional provision (s 100) R14 1 July 2012 1 July 2012– 30 June 2014 A2012-26 amendments by A2012-26 R15 1 July 2014 1 July 2014– 28 June 2016 A2013-41 amendments by A2013-41 R16 29 June 2016

29 June 2016– 31 Aug 2016 A2016-37 amendments by A2016-37 R17 1 Sept 2016 1 Sept 2016– 31 Jan 2017 A2016-52 amendments by A2016-52 R18 1 Feb 2017 1 Feb 2017– 31 Dec 2017 A2016-52 amendments by A2015-1 as amended by A2015-52 R19 1 Jan 2018

1 Jan 2018– 20 June 2019 A2017-38 amendments by A2016-55 (as amended by A2017-14) and A2017-38 R20 21 June 2019

21 June 2019– 22 June 2021 A2019-17 amendments by A2019-17 R21 23 June 2021

23 June 2021– 23 Aug 2022 A2021-12 amendments by A2021-12 R22 24 Aug 2022

24 Aug 2022– 8 Nov 2023 A2022-14 amendments by A2022-14

Endnotes Expired transitional or validating provisions 6 R25 09/03/26 Territory Records Act 2002 Effective: 09/03/26 page 67 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No and date Effective Last amendment made by Republication for R23 9 Nov 2023

9 Nov 2023– 25 Nov 2025 A2023-42 amendments by A2023-42 R24 26 Nov 2025

26 Nov 2025– 8 Mar 2026 A2025-29 amendments by A2025-29

6 Expired transitional or validating provisions This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)). Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry. To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act. © Australian Capital Territory 2026