Commonwealth: Archives Act 1983 (Cth)

Archives Act 1983 No. 79, 1983 Compilation No. 50 Compilation date: 11 December 2024 Includes amendments: Act No. 115, 2024 About this compilation This compilation This is a compilation of the Archives Act 1983 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part I—Preliminary 1 Short title 2 Commencement 2A Objects of this Act 3 Interpretation 3A A company no longer established for a public purpose 3B Commonwealth‑controlled companies or associations that are not authorities of the Commonwealth 3C Director‑General may determine archival resources of the Commonwealth 4 Extension to Territories 4A Application of the Criminal Code Part II—Establishment, functions and powers of the National Archives of Australia 5 Establishment and functions of National Archives of Australia 6 Powers of Archives 6A Records that are not part of the archival resources of the Commonwealth Part III—The Director‑General and staff of the Archives 7 Director‑General 8 Delegation by Director‑General 9 Staff Part IV—National Archives of Australia Advisory Council 10 National Archives of Australia Advisory Council 11 Functions of Council 12 Chair and Deputy Chair of Council 13 Deputies of members 14 Remuneration and allowances of members 15 Termination of office of member 16 Resignation of member 17 Meetings of the Council Part V—Commonwealth records Division 1—Preliminary 18 Records of the Parliament 19 Court records 20 Regulations and arrangements relating to certain records 21 Archives may be given custody of certain records 22 Records of Royal Commissions etc. 22A Cabinet notebooks 22B Census information 22C Independent Review documents and PWSS documents 23 Records of inter‑governmental authorities Division 2—Dealings with Commonwealth records 24 Disposal, destruction etc. of Commonwealth records 25 Advice to Council on disposal practices 26 Alteration of Commonwealth records 27 Transfer of certain Commonwealth records to care of Archives 28 Archives to have access to records 28A Records of companies or associations that cease to be authorities of the Commonwealth 29 Exemption of certain records 30 Commonwealth records to be available to Commonwealth institutions 30A Non‑disclosure of Census information Division 3—Access to Commonwealth records 31 Records in open access period to be publicly available 32 Consultation with States 33 Exempt records 35 Identification of exempt records 36 Forms of access 37 Conditions in respect of proper care of records 38 Access to part of exempt record 39 Information as to existence of certain documents 40 Applications for access to records 40A Consideration period for applications for access to records 40B Applications for access to records made by persons acting in concert etc. Division 4—Review of decisions 42 Internal reconsideration of decisions 43 Applications to Administrative Review Tribunal 44 Powers of Tribunal 50 Parties 50A Inspector‑General of Intelligence and Security must be requested to give evidence in certain proceedings 51 Onus 52 Tribunal to ensure non‑disclosure of certain matters 53 Production of exempt records 55 Complaints to Ombudsman 55A Automatic stay of certain decisions on appeal Division 5—Miscellaneous 56 Arrangements for accelerated or special access 57 Protection against certain actions 58 Access to records apart from Act 59 Security classifications 60 Transitional provisions relating to access Part VI—Samples of material for the Archives 62 Samples of material for Archives Part VII—Care of material of the Archives 63 Location of material of the Archives 64 Custody of material of the Archives other than by Archives Part IX—Miscellaneous 68 Annual Report by the Council 69 Certified copies of records 69A Charges for discretionary service for Commonwealth institutions 70 Transitional 71 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to the preservation and use of archival resources, and for related purposes Part I—Preliminary 1 Short title This Act may be cited as the Archives Act 1983. 2 Commencement The several Parts of this Act shall come into operation on such respective dates as are fixed by Proclamation. 2A Objects of this Act The objects of this Act are: (a) to provide for a National Archives of Australia, whose functions include: (i) identifying the archival resources of the Commonwealth; and (ii) preserving and making publicly available the archival resources of the Commonwealth; and (iii) overseeing Commonwealth record‑keeping, by determining standards and providing advice to Commonwealth institutions; and (b) to impose record‑keeping obligations in respect of Commonwealth records. 3 Interpretation (1) In this Act, unless the contrary intention appears: Archives means the National Archives of Australia mentioned in subsection 5(1). ASIO affiliate has the same meaning as in the Australian Security Intelligence Organisation Act 1979. ASIO employee has the same meaning as in the Australian Security Intelligence Organisation Act 1979. authority of the Commonwealth means: (a) an authority, body, tribunal or organization, whether incorporated or unincorporated, established for a public purpose: (i) by, or in accordance with the provisions of, an Act, regulations made under an Act or a law of a Territory other than the Northern Territory; (ii) by the Governor‑General; or (iii) by, or with the approval of, a Minister; (b) the holder of a prescribed office under the Commonwealth; or (c) a Commonwealth‑controlled company or a Commonwealth‑controlled association; but does not include: (d) a court; (e) the Australian Capital Territory; (f) a body established by or under an enactment within the meaning of the Australian Capital Territory (Self‑Government) Act 1988; (g) the Northern Territory; or (h) the Administration of an external Territory. Cabinet notebook means a notebook or other like record that contains notes of discussions or deliberations taking place in a meeting of the Cabinet or of a committee of the Cabinet, being notes made in the course of those discussions or deliberations by, or under the authority of, the Secretary to the Cabinet. care: a record is in the care of the Archives if: (a) the record is in the custody of the Archives; or (b) the record is in the custody of a person in accordance with arrangements referred to in section 64. Census day has the meaning given by section 22B. Census information means information transferred to the custody of the Archives under section 8A of the Census and Statistics Act 1905. Chair means the Chair of the Council. Commission of inquiry means: (a) the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); or (b) a Commission of inquiry within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006. Commonwealth‑controlled association means an association over which the Commonwealth is in a position to exercise control, but does not include an association that is declared by the regulations not to be a Commonwealth‑controlled association. Commonwealth‑controlled company means an incorporated company over which the Commonwealth is in a position to exercise control, but does not include a company that is declared by the regulations not to be a Commonwealth‑controlled company. Commonwealth institution means: (a) the official establishment of the Governor‑General; (b) the Executive Council; (c) the Senate; (d) the House of Representatives; (e) a Department; (f) a Federal court or a court of a Territory other than the Northern Territory or Norfolk Island; (g) an authority of the Commonwealth; or (h) the Administration of an external Territory. Commonwealth record means: (a) a record that is the property of the Commonwealth or of a Commonwealth institution; or (b) a record that is to be deemed to be a Commonwealth record by virtue of a regulation under subsection (6) or by virtue of section 22; but does not include a record that is exempt material. Council means the National Archives of Australia Advisory Council mentioned in subsection 10(1). current Commonwealth record means a Commonwealth record that is required to be readily available for the purposes of a Commonwealth institution, other than purposes under this Act. Department means: (a) a Department of the Australian Public Service that corresponds to a Department of State of the Commonwealth; or (b) a Parliamentary Department. Deputy Chair means the Deputy Chair of the Council. Director‑General means the person for the time being occupying the office, or performing the duties of the office, of Director‑General of the National Archives of Australia under the Public Service Act 1999. engage in conduct means: (a) do an act; or (b) omit to perform an act. exempt material means: (a) material included in the memorial collection within the meaning of the Australian War Memorial Act 1980, other than material to which a regulation under subsection (6) applies; or (b) material included in the collection of library material maintained by the National Library of Australia; or (c) material included in the collection of works of art maintained by the National Gallery of Australia; or (ca) material included in the national collection maintained by the National Portrait Gallery of Australia; or (d) material included in the historical material in the possession of the National Museum of Australia; or (e) material included in a collection maintained by an institution declared by the regulations to be a custodial institution for the purposes of this definition; other than material (if any) that came to be so included by reason of a contravention of section 24. Independent Review means the Independent Review into the workplaces of Parliamentarians and their staff conducted under the Australian Human Rights Commission Act 1986 by the Sex Discrimination Commissioner (within the meaning of that Act). Note: The Independent Review commenced in 2021. Independent Review document means: (a) a document given to, or received by, the Independent Review, or a person performing functions in relation to the Review, for the purposes of the Review; or (b) a document brought into existence by the Independent Review or a person performing functions in relation to the Review. material means records and other objects. material of the Archives means records in the care of the Archives (other than current Commonwealth records relating to the administration of the Archives). National Witness Protection Program means the Program by that name established by the Witness Protection Act 1994. object does not include a building or other structure or a vessel, aircraft or vehicle, other than a prescribed vessel, aircraft or vehicle. open access period, in relation to a record, has the meaning given by the following provisions: (a) for a Cabinet notebook—section 22A; (b) for a record containing Census information—section 22B; (ba) for a record that is an Independent Review document or a PWSS document—section 22C; (c) for any other record—subsection (7) of this section. Parliamentary Department means a Department of the Parliament established under the Parliamentary Service Act 1999. person includes a Commonwealth institution or an organization. PWSS document means: (a) a document given to, or received by, any of the following bodies in connection with the performance of the body's functions: (i) the Parliamentary Workplace Support Service; (ii) the Parliamentary Workplace Support Service Advisory Board; (iii) the Parliamentary Workplace Support Service Consultative Committee; (iv) the Independent Parliamentary Standards Commission; or (b) a document brought into existence by any of the bodies mentioned in paragraph (a); or (c) a document transferred to the Parliamentary Workplace Support Service under item 4 of Schedule 2 to the Parliamentary Workplace Support Service (Consequential Amendments and Transitional Provisions) Act 2023; but does not include a document relating to the administration of any of the bodies mentioned in paragraph (a). record means a document, or an object, in any form (including any electronic form) that is, or has been, kept by reason of: (a) any information or matter that it contains or that can be obtained from it; or (b) its connection with any event, person, circumstance or thing. Note: For the definition of document, see section 2B of the Acts Interpretation Act 1901. responsible Minister, in relation to a Commonwealth record, means the Minister to whose ministerial responsibilities the record is most closely related. Royal Commission means a Commissioner or Commissioners appointed by the Governor‑General in the name of the Sovereign to make inquiry and report upon any matter. Tribunal means the Administrative Review Tribunal. (2) For the purposes of this Act, the archival resources of the Commonwealth consist of such Commonwealth records and other material as are of national significance or public interest and relate to: (a) the history or government of Australia; (b) the legal basis, origin, development, organization or activities of the Commonwealth or of a Commonwealth institution; (c) a person who is, or has at any time been, associated with a Commonwealth institution; (d) the history or government of a Territory; or (e) an international or other organization the membership of which includes, or has included, the Commonwealth or a Commonwealth institution; but do not include: (f) material that, in the opinion of the Minister, ought to be in the archives of another country or in the archives of an international organization; (g) material that relates only or principally to the history or government of a State or the Northern Territory or of a Colony that became part of the Commonwealth, not being: (i) Commonwealth records; (ii) property referred to in section 85 of the Constitution; or (iii) material transferred to the Commonwealth by a State or the Northern Territory under a law or agreement; (h) material, other than Commonwealth records, relating only to a place that has been, but has ceased to be, a Territory; or (j) exempt material. (3) For the purposes of this Act, the Department of Defence shall be deemed to include: (a) the Defence Force; and (b) the Australian Defence Force Cadets. (3A) In this Act, a reference to the provision of a discretionary service for a person is a reference to the doing of an act by the Archives, being an act that the Archives has power to do and that it does at the person's request, other than an act that: (a) this Act requires the Archives to do; or (b) it is necessary for the Archives to do for the proper performance of its functions. (4) For the purposes of this Act, the Australian Federal Police shall be deemed to be an authority of the Commonwealth. (5) For the purposes of this Act, a record held by or on behalf of the Parliament or a House of the Parliament shall be taken to be the property of the Commonwealth. (6) The regulations may make provision under which, in specified cases or circumstances, records of which the Commonwealth or a Commonwealth institution has, or is entitled to have, possession are to be deemed to be Commonwealth records for the purposes of the provisions, or specified provisions, of this Act. (7) For the purposes of this Act, subject to sections 22A, 22B and 22C, work out when a record is in the open access period in accordance with the following table: Open access period for records Item If the record came into existence in any of the following years (ending on 31 December): the record is in the open access period on and after the following day: 1 a year (the creation year) before 1980 1 January in the year that is 31 years after the creation year. Example: A record that came into existence in the year 1979 is in the open access period on and after 1 January 2010. 2 1980 or 1981 1 January 2011. 3 1982 or 1983 1 January 2012. 4 1984 or 1985 1 January 2013. 5 1986 or 1987 1 January 2014. 6 1988 or 1989 1 January 2015. 7 1990 or 1991 1 January 2016. 8 1992 or 1993 1 January 2017. 9 1994 or 1995 1 January 2018. 10 1996 or 1997 1 January 2019. 11 1998 or 1999 1 January 2020. 12 2000 1 January 2021. 13 a year (the creation year) after 2000 1 January in the year that is 21 years after the creation year. Example: A record that came into existence in the year 2001 is in the open access period on and after 1 January 2022. Note: The following have different open access periods: (a) Cabinet notebooks (see section 22A); (b) records containing Census information (see section 22B); (c) Independent Review documents and PWSS documents (see section 22C). (8) Nothing in this Act shall be taken to confer power on the Archives to affect the custody of: (a) material, being Commonwealth records, that was held at the commencement of Part II by a State, the Northern Territory or Norfolk Island or by an authority of a State, of the Northern Territory or of Norfolk Island and has continued since that time to be so held by that State, that Territory or that authority; or (b) material, other than Commonwealth records, that is held at any time by a State or by a Territory or authority referred to in paragraph (a); except with the consent of the State, Territory or authority by which the material is held. 3A A company no longer established for a public purpose An authority, body, tribunal or organisation, whether incorporated or unincorporated, established for a public purpose is to be taken, for the purposes of this Act, never to have been so established, only if: (a) a legislative provision; or (b) regulations made for the purpose of this section; expressly provide that, for the purposes of this Act, the authority, body, tribunal or organisation is to be taken never to have been so established. 3B Commonwealth‑controlled companies or associations that are not authorities of the Commonwealth If a company or association was, immediately before the commencement of this section: (a) a Commonwealth‑controlled company or a Commonwealth‑controlled association that was: (i) not established for a public purpose; and (ii) not prescribed under paragraph (c) of the definition of authority of the Commonwealth as then in force; or (b) a Commonwealth‑controlled company or a Commonwealth‑controlled association that was: (i) established for a public purpose; but (ii) taken, under a provision of an Act, never to have been so established; then, despite paragraph (c) of the definition of authority of the Commonwealth, the company or association is to be taken not to be an authority of the Commonwealth. 3C Director‑General may determine archival resources of the Commonwealth (1) The Director‑General may, in writing, determine that a specified Commonwealth record or other material is part of the archival resources of the Commonwealth. Note: The Director‑General may specify a record by reference to a class of records (see subsection 33(3AB) of the Acts Interpretation Act 1901). (2) The Director‑General must not make a determination under this section unless he or she is satisfied that the specified Commonwealth record or other material is part of the archival resources of the Commonwealth (within the meaning of subsection 3(2)). (3) A determination under this section may be set out in the same document as a permission or approval given under paragraph 24(2)(b) or a notice of disapproval given under paragraph 24(2)(c). (4) A determination under this section is not a legislative instrument. 4 Extension to Territories This Act extends to every external Territory. 4A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Part II—Establishment, functions and powers of the National Archives of Australia 5 Establishment and functions of National Archives of Australia (1) There shall be an organization by the name of the National Archives of Australia. (1A) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (a) the Archives is a listed entity; and (b) the Director‑General is the accountable authority of the Archives; and (c) the following persons are officials of the Archives: (i) the Director‑General; (ii) the staff of the Archives referred to in section 9; and (d) the purposes of the Archives include the functions of the Archives referred to in subsection (2). (2) The functions of the Archives are, subject to this Act: (a) to ensure the conservation and preservation of the existing and future archival resources of the Commonwealth; and (b) to encourage and foster the preservation of all other archival resources relating to Australia; and (c) to promote, by providing advice and other assistance to Commonwealth institutions, the creation, keeping and management of current Commonwealth records in an efficient and economical manner and in a manner that will facilitate their use as part of the archival resources of the Commonwealth; and (d) to determine the material that constitutes the archival resources of the Commonwealth; and (e) to have the care and management of Commonwealth records, other than current Commonwealth records, that: (i) are part of the archival resources of the Commonwealth; or (ii) ought to be examined to determine whether they are part of those archival resources; or (iii) are required to be preserved (other than permanently preserved); and (f) to seek to obtain, and to have the care and management of, material (including Commonwealth records) not in the custody of a Commonwealth institution, that forms part of the archival resources of the Commonwealth and, in the opinion of the Director‑General, ought to be in the care of the Archives; and (g) with the approval of the Minister, to accept and have the care and management of material that, though not part of the archival resources of the Commonwealth, forms part of archival resources relating to Australia and, in the opinion of the Minister, ought to be in the care of the Archives in order to ensure its preservation or for any other reason; and (h) to encourage, facilitate, publicise and sponsor the use of archival material; and (j) to make Commonwealth records available for public access in accordance with this Act and to take part in arrangements for other access to Commonwealth records; and (k) to conduct research, and provide advice, in relation to the management and preservation of records and other archival material; and (l) to develop and foster the co‑ordination of activities relating to the preservation and use of the archival resources of the Commonwealth and other archival resources relating to Australia; and (m) with the approval of the Minister, and in accordance with arrangements made with a person responsible for exempt material, to perform any of the foregoing functions in relation to that material as if that material formed part of the archival resources of the Commonwealth. (3) Nothing in this Part derogates from the powers and functions of any other Commonwealth institution in relation to the keeping of current Commonwealth records. 6 Powers of Archives (1) The Archives may do all things that are necessary or convenient to be done for or in connection with the performance of its functions and, in particular, without limiting the generality of the foregoing, may: (a) establish and control repositories or other facilities to house or exhibit material of the Archives and, in association with a State, the Australian Capital Territory, the Northern Territory or other person, control repositories or other facilities in which material of the Archives is housed or exhibited; (b) undertake the survey, appraisal, accessioning, arrangement, description and indexing of Commonwealth records; (c) make arrangements for the acquisition by the Commonwealth of, or of copyright in relation to, or arrangements relating to the custody of, material that forms part of the archival resources of the Commonwealth; (d) chronicle and record matters relating to the structure and functioning of Commonwealth institutions or other matters of archival significance and make records for the purpose of adding to the archival resources of the Commonwealth; (e) make copies, by microfilming or otherwise, of archival material, but not so as to infringe copyright (other than copyright owned by the Commonwealth) subsisting in the material; (f) arrange for the publication of material forming part of the archival resources of the Commonwealth or works based on such material, but not so as to infringe copyright (other than copyright owned by the Commonwealth) subsisting in the material or works; (g) publish indexes of, and other guides to, archival material; (h) authorize the disposal or destruction of Commonwealth records; (j) on request, assist Commonwealth institutions in the training of persons responsible for the keeping of current Commonwealth records; (k) train, or assist in the training of, persons, other than persons responsible for the keeping of current Commonwealth records, for work in connection with records and other archival material; (l) obtain and maintain equipment for use in retrieving, or otherwise obtaining, information from records; and (m) provide information and facilities for persons using the material of the Archives. (2) Where, in the performance of its functions, the Archives enters into arrangements to accept the care of records from a person other than a Commonwealth institution, those arrangements may provide for the extent (if any) to which the Archives or other persons are to have access to those records and any such arrangements have effect notwithstanding anything contained in Division 3 of Part V. (3) Where an arrangement entered into by the Archives to accept the care of records from a person other than a Commonwealth institution relates to a Commonwealth record, then, to the extent that that arrangement, in so far as it relates to such a record, is inconsistent with a provision of Part V, that provision shall prevail. 6A Records that are not part of the archival resources of the Commonwealth (1) Nothing in this Act requires the Archives to accept the care of a Commonwealth record that has not been determined to be part of the archival resources of the Commonwealth under section 3C. (2) If: (a) a Commonwealth institution has transferred a Commonwealth record to the care of the Archives; and (b) the record has not been determined to be part of the archival resources of the Commonwealth under section 3C; the Archives may: (c) if another Commonwealth institution has succeeded to the relevant functions of the institution—cause the record to be transferred to the custody of that successor institution, but only in accordance with arrangements agreed to by that successor institution; or (d) otherwise—cause the record to be transferred to the custody of the institution, but only in accordance with arrangements agreed to by the institution. Part III—The Director‑General and staff of the Archives 7 Director‑General (1) There shall be a Director‑General of the National Archives of Australia, who shall be a person appointed or engaged under the Public Service Act 1999. (2) The Director‑General, in addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, may, in the name of the Archives, exercise any powers and perform any duties that are by this Act expressed to be conferred or imposed on the Archives. (3) The Minister may give directions, not inconsistent with this Act, to the Director‑General in relation to the exercise of his or her powers, and the performance of his or her duties, under this Act. 8 Delegation by Director‑General (1) The Director‑General may, either generally or as otherwise provided by the instrument of delegation, by writing under his or her hand, delegate to a person all or any of his or her powers under this Act, other than this power of delegation. (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Director‑General. (3) A delegation under this section does not prevent the exercise of a power by the Director‑General. 9 Staff The staff of the Archives shall be persons engaged under the Public Service Act 1999. Part IV—National Archives of Australia Advisory Council 10 National Archives of Australia Advisory Council (1) There is established by this Act a Council by the name of the National Archives of Australia Advisory Council. (2) The Council shall consist of: (a) a Senator chosen by the Senate; (b) a member of the House of Representatives chosen by that House; and (c) 11 other members, appointed by the Minister. (3) A member chosen by either House of the Parliament holds office, subject to this Act, for such period, not exceeding 3 years, as is fixed by that House at the time of his or her choice. (4) A member appointed by the Minister holds office, subject to this Act, for such period, not exceeding 3 years, as the Minister specifies in the instrument of his or her appointment. (5) A member chosen by either House of the Parliament or appointed by the Minister is eligible for further choice or re‑appointment. (6) The performance of the functions of the Council is not affected by reason of there being a vacancy or vacancies in the membership of the Council. 11 Functions of Council (1) The Council shall furnish advice to the Minister and the Director‑General with respect to matters to which the functions of the Archives relate. (2) The Minister or the Director‑General may refer any matter of the kind referred to in subsection (1) to the Council for advice and the Council may, if it thinks fit, consider and advise the Minister or the Director‑General on a matter of that kind of its own motion. 12 Chair and Deputy Chair of Council The Minister shall appoint a member to be Chair of the Council and another member to be Deputy Chair of the Council. 13 Deputies of members (1) A member chosen by the Senate or by the House of Representatives may appoint a Senator or a member of the House of Representatives, as the case may be, to be his or her deputy. (2) The Minister may appoint a person to be a deputy of a member referred to in paragraph 10(2)(c). (3) The deputy of a member is, in the event of the absence of the member from a meeting of the Council, entitled to attend that meeting and, when so attending, shall be deemed to be a member of the Council. 14 Remuneration and allowances of members (1) A member referred to in paragraph 10(2)(c), or the deputy of such a member, shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, he or she shall be paid such remuneration as is prescribed. (2) A member referred to in paragraph 10(2)(c), or the deputy of such a member, shall be paid such allowances as are prescribed. (3) A member referred to in paragraph 10(2)(a) or (b), or the deputy of such a member, shall be reimbursed such expenses as he or she reasonably incurs by reason of his or her attendance at meetings of the Council or of his or her engagement, with the approval of the Council, on the affairs of the Council. (4) This section has effect subject to the Remuneration Tribunal Act 1973. 15 Termination of office of member (1) The Minister may terminate the appointment of a member, being a member appointed by the Minister, by reason of misbehaviour or physical or mental incapacity. (2) If a member appointed by the Minister is absent, except on leave granted by the Council, from 3 consecutive meetings of the Council, the Minister may terminate the appointment of the member. (3) A member chosen by either House of the Parliament may be removed from office by that House. (4) If a member chosen by either House of the Parliament or a deputy of such a member ceases to be a member of that House, he or she shall cease to be a member of the Council or a deputy of such a member. (5) For the purposes of subsection (4), a member of either House of the Parliament shall be deemed not to have ceased to be a member of that House while he or she continues to be entitled to the Parliamentary allowances that became payable to him or her as such a member. 16 Resignation of member (1) A member appointed by the Minister may resign his or her office by writing signed by him or her and delivered to the Minister. (2) A member chosen by the Senate may resign his or her office by writing signed by him or her and delivered to the President of the Senate. (3) A member chosen by the House of Representatives may resign his or her office by writing signed by him or her and delivered to the Speaker of the House of Representatives. 17 Meetings of the Council (1) The Council shall hold such meetings as are necessary for the performance of its functions. (2) The Chair may at any time convene a meeting of the Council. (3) The Chair shall, on receipt of a request in writing signed by 2 other members of the Council, convene a meeting of the Council. (4) At a meeting of the Council a majority of the members of the Council for the time being holding office constitute a quorum. (5) The Director‑General is entitled to receive notice of meetings of the Council, and the Director‑General, or a member of the staff of the Archives nominated by him or her, may attend any meeting of the Council and take such part in the proceedings, not including voting, as the Council approves. (6) The Chair shall preside at all meetings of the Council at which he or she is present. (7) If, at a meeting of the Council, the Chair is not present but the Deputy Chair is present, the Deputy Chair shall preside at the meeting. (8) If neither the Chair nor the Deputy Chair is present at a meeting of the Council, the members present shall elect one of their number to preside at the meeting. (9) Questions arising at a meeting of the Council shall be determined by a majority of the votes of the members present and voting. (10) The member presiding at a meeting of the Council has a deliberative vote and, in the event of an equality of votes, also has a casting vote. (11) In subsections (2) and (3), a reference to the Chair shall, if there is no Chair or the Chair is absent from Australia or unable to perform the duties of his or her office, be read as a reference to the Deputy Chair. Part V—Commonwealth records Division 1—Preliminary 18 Records of the Parliament Subject to sections 20 and 21, Divisions 2 and 3 do not apply to records in the possession of the Senate, the House of Representatives or a Parliamentary Department. 19 Court records (1) Subject to sections 20 and 21, Divisions 2 and 3 do not apply to records in the possession of a court or of a registry of a court. (2) Divisions 4 and 5 do not apply to records in the possession of a court or of a registry of a court, other than records that are of an administrative nature. 20 Regulations and arrangements relating to certain records (1) Subject to this section, the regulations may provide that all or any of the provisions of Divisions 2 and 3 are, in such circumstances and subject to such conditions as are prescribed, to apply to all or any of the records referred to in section 18 or subsection 19(1), and may provide that those provisions are so to apply subject to such modifications as are prescribed. (2) Regulations shall not be made for the purposes of subsection (1) in relation to the application of the provisions of Divisions 2 and 3 to records in the possession of the Senate, the House of Representatives or a Parliamentary Department, unless there has been consultation between the Minister and: (a) in the case of records in the possession of the Senate or of the Department of the Senate—the President of the Senate; (b) in the case of records in the possession of the House of Representatives or of the Department of the House of Representatives—the Speaker of the House of Representatives; or (c) in the case of records in the possession of a Parliamentary Department other than the Department of the Senate or the Department of the House of Representatives—both the President of the Senate and the Speaker of the House of Representatives; concerning the application of those provisions to those records. (3) Regulations shall not be made for the purposes of subsection (1) in relation to the application of the provisions of Divisions 2 and 3 to records in the possession of a court or of a registry of a court unless there has been consultation between the Minister and the Chief Justice or Chief Judge of that court, or, if there is no Chief Justice or Chief Judge, the judicial officer of that court whom the Minister is satisfied has, from time to time, the principal responsibility for the administration of the business of that court, concerning the application of those provisions to those records. 21 Archives may be given custody of certain records (1) Subject to any regulations made in accordance with section 20, a person having the control of the custody of any records referred to in section 18 or subsection 19(1) may enter into arrangements with the Archives with respect to the custody of those records. (2) Arrangements referred to in subsection (1) relating to the custody of records may provide for the extent (if any) to which the Archives or other persons are to have access to those records. 22 Records of Royal Commissions etc. (1) This section applies to: (a) the records kept by a Royal Commission, whether the inquiry commenced or was completed before or after the commencement of this Part; and (b) the records kept by a Commission of inquiry. (2) The Commonwealth is entitled to the possession of records kept by a Royal Commission, or by a Commission of inquiry, that are no longer required for the purposes of the Commission, and all such records shall be deemed to be Commonwealth records for the purposes of this Act. (3) Records referred to in subsection (2) shall be kept in such custody as the responsible Minister directs and the Archives is not entitled to the care of any such records except in accordance with such a direction. (4) A direction given by a Royal Commission, or by a Commission of inquiry, prohibiting the publication of any document or matter does not apply to the provision of public access under this Act to any records that are in the open access period or to the publication by any person of any records that are available for public access in accordance with this Act. (5) For the purposes of this Act: (a) the Minister administering the Royal Commissions Act 1902 is taken to be the responsible Minister in relation to the records of a Royal Commission; and (b) the Agriculture Minister (within the meaning of the Biosecurity Act 2015) is taken to be the responsible Minister in relation to the records of the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); and (c) the Minister administering the Offshore Petroleum and Greenhouse Gas Storage Act 2006 is taken to be the responsible Minister in relation to the records of a Commission of inquiry within the meaning of that Act. (6) Where a Royal Commission has conducted an inquiry by virtue of a commission issued by the Governor of a State in conjunction with its inquiry under a commission issued by the Governor‑General, subsections (2) and (3) apply only to such of the records of the Royal Commission as are determined by agreement between the Commonwealth and the State. 22A Cabinet notebooks (1) For the purposes of this Act, work out when a Cabinet notebook is in the open access period in accordance with the following table: Open access period for Cabinet notebooks Item If the Cabinet notebook came into existence in any of the following years (ending on 31 December): the Cabinet notebook is in the open access period on and after the following day: 1 a year (the creation year) before 1960 1 January in the year that is 51 years after the creation year. Example: A Cabinet notebook that came into existence in the year 1959 is in the open access period on and after 1 January 2010. 2 1960, 1961 or 1962 1 January 2011. 3 1963, 1964 or 1965 1 January 2012. 4 1966, 1967 or 1968 1 January 2013. 5 1969, 1970 or 1971 1 January 2014. 6 1972, 1973 or 1974 1 January 2015. 7 1975, 1976 or 1977 1 January 2016. 8 1978, 1979 or 1980 1 January 2017. 9 1981, 1982 or 1983 1 January 2018. 10 1984, 1985 or 1986 1 January 2019. 11 1987, 1988 or 1989 1 January 2020. 12 1990 1 January 2021. 13 a year (the creation year) after 1990 1 January in the year that is 31 years after the creation year. Example: A Cabinet notebook that came into existence in the year 1991 is in the open access period on and after 1 January 2022. Note: Records that are not Cabinet notebooks have different open access periods (see subsection 3(7) (general records) and section 22B (records containing Census information)). (2) Subsection 3(7) does not apply in relation to Cabinet notebooks. 22B Census information (1) For the purposes of this Act, a record containing Census information from a particular Census is in the open access period for that Census if a period of 99 years has elapsed since the Census day for that Census. (2) Subsection 3(7) and section 56 do not apply to records containing Census information. (3) In this Act: Census day, for a Census, means the day appointed, under subsection 8(2) of the Census and Statistics Act 1905, as the Census day for that Census. 22C Independent Review documents and PWSS documents (1) For the purposes of this Act, a record that is an Independent Review document or a PWSS document is in the open access period on and after 1 January in the year that is 99 years after the calendar year that the record came into existence. (2) Subsection (1) applies in relation to an Independent Review document, whether the Independent Review commenced before or after the commencement of this section. (2A) Subsection (1) applies in relation to a PWSS document, whether the document is brought into existence before, on or after the commencement of this subsection. (3) Subsection 3(7) and section 56 do not apply in relation to an Independent Review document or a PWSS document. 23 Records of inter‑governmental authorities The regulations may provide for restricting or excluding the operation of all or any of the provisions of this Act in relation to all or any records of or relating to an authority or body established: (a) for the performance of functions under the law of the Commonwealth and the law of any State or States, the Australian Capital Territory, the Northern Territory or another country; or (b) for the purpose of an agreement between the Commonwealth and any State or States, the Australian Capital Territory, the Northern Territory or another country; or to the operations of an authority or body so established. Division 2—Dealings with Commonwealth records 24 Disposal, destruction etc. of Commonwealth records (1) Subject to this Part, a person must not engage in conduct that results in: (a) the destruction or other disposal of a Commonwealth record; or (b) the transfer of the custody or ownership of a Commonwealth record; or (c) damage to or alteration of a Commonwealth record. Penalty: 20 penalty units. (1A) For the purposes of an offence against subsection (1), strict liability applies to the physical element of circumstance of the offence, that the record is a Commonwealth record. Note: For strict liability, see section 6.1 of the Criminal Code. (2) Subsection (1) does not apply to anything done: (a) as required by any law; (b) with the permission of the Archives or in accordance with a practice or procedure approved by the Archives; (c) in accordance with a normal administrative practice, other than a practice of a Department or authority of the Commonwealth of which the Archives has notified the Department or authority that it disapproves; or (d) for the purpose of placing Commonwealth records that are not in the custody of the Commonwealth or of a Commonwealth institution in the custody of the Commonwealth or of a Commonwealth institution that is entitled to custody of the records. (3) Subsection (1) does not apply to the destruction of a Commonwealth record, being a record to which subsection 47(1), 70(1) or 107(1) of the Copyright Act 1968 applies, where the Director‑General has declined to consent to the delivery of the record to the Archives. (4) This section does not authorize the Archives to permit the destruction or other disposal of a Commonwealth record that is in the possession of, or has been transferred to the care of the Archives by, a Commonwealth institution, without the consent of that institution or of a Commonwealth institution that has succeeded to the relevant functions of that institution. (5) For the purposes of the application of subsection (1) to a record of a kind used by means of any mechanical or electronic device or equipment, including a computer, any treatment or modification of the record that would prevent the obtaining from the record of information or matter that could previously have been obtained from the record shall be deemed to be destruction of the record. 25 Advice to Council on disposal practices (1) The Archives shall: (a) as soon as practicable after the commencement of this Part, furnish to the Council a statement in writing setting out particulars of the practices followed by, or approved by, the Archives in respect of the destruction or other disposal of Commonwealth records whether or not those practices have been agreed upon between the Archives and any particular Commonwealth institution; (b) in a case where, after the commencement of this Part, the Archives alters, or approves any alteration of, any practice of a kind referred to in paragraph (a), not being a practice agreed upon between the Archives and a Commonwealth institution—furnish to the Council a statement setting out particulars of the alteration to that practice as soon as practicable after the Archives has decided to alter, or to approve the alteration of, that practice and, where possible, before the implementation of the practice as so altered; and (c) in a case where practices for the destruction or other disposal of Commonwealth records are agreed upon at any time after the commencement of this Part between the Archives and a Commonwealth institution—furnish to the Council a statement setting out particulars of those practices as soon as practicable after those practices have been agreed upon and, where possible, before the implementation of those practices. (2) A reference in subsection (1) to practices agreed upon between the Archives and a Commonwealth institution includes a reference to practices so agreed upon that vary practices that have, whether before or after the commencement of this Part, been previously agreed upon between the Archives and that institution. 26 Alteration of Commonwealth records (1) A person commits an offence if: (a) a Commonwealth record has been in existence for more than 15 years; and (b) the person engages in conduct; and (c) the person's conduct results in an addition to or an alteration of the record. Penalty: 20 penalty units. (1A) Strict liability applies to paragraph (1)(a). Note: For strict liability, see section 6.1 of the Criminal Code. (2) Subsection (1) does not apply to anything done: (a) as required by any law; or (b) with the permission of the Archives or in accordance with a practice or procedure approved by the Archives. 27 Transfer of certain Commonwealth records to care of Archives (1) This section applies to a Commonwealth record that: (a) is in the custody of a Commonwealth institution other than the Archives; and (b) has been determined to be part of the archival resources of the Commonwealth under section 3C. Note: In certain circumstances a Commonwealth institution or Minister can exempt a record from this section (see section 29). (2) The person responsible for the custody of the record must cause the record to be transferred to the care of the Archives in accordance with arrangements approved by the Archives. (3) The record must be transferred: (a) if the record ceases to be a current Commonwealth record—as soon as practicable after the record ceases to be a current Commonwealth record; and (b) in any event—within 15 years of the record coming into existence. 28 Archives to have access to records Subject to this Part, the Archives is entitled, for the purposes of this Act, to full and free access, at all reasonable times, to all Commonwealth records in the custody of a Commonwealth institution other than the Archives. Note: In certain circumstances a Commonwealth institution or Minister can exempt a record from this section (see section 29). 28A Records of companies or associations that cease to be authorities of the Commonwealth If a company or association that is an authority of the Commonwealth ceases, on a particular day, to be such an authority of the Commonwealth, then, despite the company or association so ceasing: (a) the records of the company or association that were in existence prior to that day continue to be Commonwealth records; and (b) the Archives may make arrangements with the company or association to enable those records of the company or association to be dealt with in accordance with the provisions of this Part in the same manner as if the company or association had not ceased to be an authority of the Commonwealth. 29 Exemption of certain records (1) A Commonwealth institution, or a person having authority to act on behalf of a Commonwealth institution, may, with the concurrence of the Director‑General, determine that a Commonwealth record, or each record in a class of Commonwealth records, being a record or class of records in the possession of the Commonwealth institution or relating to the functions of the Commonwealth institution, is: (a) a record that is not required to be transferred to the care of the Archives under section 27; or (b) a record to which the Archives is not to be entitled to have access under section 28 or is not to be entitled to have access under that section otherwise than on specified conditions to be observed by the Archives; and such a determination has effect for such period as is specified in the determination but may at any time be revoked by the Commonwealth institution or a person having authority to act on behalf of the Commonwealth institution. (2) Notwithstanding subsection (1), the responsible Minister may determine that a Commonwealth record, or each record in a class of Commonwealth records, is: (a) a record that is not required to be transferred to the care of the Archives under section 27; or (b) a record to which the Archives is not to be entitled to have access under section 28 or is not to be entitled to have access under that section otherwise than on specified conditions to be observed by the Archives; and such a determination takes effect upon its being notified to the Archives and has effect for such period as is specified in the determination but may at any time be revoked by the responsible Minister. (3) The Archives may agree with a Commonwealth institution that records accepted into the care of the Archives from that institution are to be held on certain conditions to be observed by the Archives, not being conditions inconsistent with this Part. Note: Arrangements under section 64 for a person (other than the Archives) to have custody of a Commonwealth record must enable the Archives to meet its obligations under this subsection. (4) Where: (a) the Archives seeks access to a Commonwealth record that is not in the care of the Archives; and (b) a person responsible for the custody of the record considers that it might be appropriate for a determination to be made under subsection (2) applying paragraph (2)(b) to the record; the person so responsible may forthwith notify the Archives that he or she so considers and take appropriate action for enabling consideration to be given by the responsible Minister to the making of such a determination. (5) Where a notification under subsection (4) has been given in respect of a record, the Archives is not entitled to access to the record for a period of one month from the date on which the notification was given, but, if the notification is withdrawn by the person responsible for the custody of the record before the expiration of that period, this subsection ceases to have effect in relation to the record. (6) A record that is in the open access period is not, by virtue of a determination under subsection (1), a record to which paragraph (1)(b) applies unless: (a) the record is an exempt record for the reason that it contains information or matter of a kind referred to in paragraph 33(1)(a) or (b) or subsection 33(4A) or (4C); and (b) a security classification applies to the record such that access by the Archives would not be appropriate. (7) A record that is in the open access period is not, by virtue of a determination under subsection (2), a record to which paragraph (2)(b) applies unless: (a) the record is an exempt record for the reason that it contains information or matter of a kind referred to in paragraph 33(1)(a) or (b) or subsection 33(4A) or (4C); and (b) a security classification applies to the record such that access by the Archives would not be appropriate. (8) The concurrence of the Director‑General is not required for the making of a determination under subsection (1) by, or by a person having authority to act on behalf of, any of the following Commonwealth institutions, namely: (a) the Australian Security Intelligence Organisation; (b) the Australian Secret Intelligence Service; (ba) the Australian Geospatial‑Intelligence Organisation; (c) the Australian Signals Directorate; (d) the Defence Intelligence Organisation; (e) the Office of National Intelligence; (f) the Inspector‑General of Intelligence and Security. (9) The concurrence of the Director‑General is not required for the making of a determination under subsection (1) by the Commissioner of the Australian Federal Police in relation to any record that contains information the release of which would endanger the safety of a person: (a) who is, or has been, assessed for inclusion in the National Witness Protection Program; or (b) who is, or has been, a witness within the meaning of the Witness Protection Act 1994 under that Program. 30 Commonwealth records to be available to Commonwealth institutions (1) The Archives must ensure that all Commonwealth records transferred to its care from a Commonwealth institution are made available, as reasonably required, for use by, or at the direction of: (a) that institution; or (b) a Commonwealth institution that has succeeded to the relevant functions of that institution. Note: Arrangements under section 64 for a person (other than the Archives) to have custody of a Commonwealth record must enable the Archives to meet its obligations under this subsection. (2) A record that has been in existence for more than 15 years must not be made available to a Commonwealth institution under subsection (1) in a manner that involves its leaving the custody of the person who has the custody of the record, except as necessary for the proper conduct of the business of the Commonwealth institution. 30A Non‑disclosure of Census information Non‑disclosure to another person (1) An Archives officer must not, at any time before a record containing Census information from a Census is in the open access period for that Census, divulge or communicate any of that information to another person (except to another Archives officer for the purposes of, or in connection with, the performance of that other officer's duties under this Act). Note: Section 122.4 of the Criminal Code creates an offence in relation to the disclosure of information by Commonwealth officers. Non‑disclosure to a court or tribunal (2) A person who is or has been an Archives officer must not, at any time before a record containing Census information from a Census is in the open access period for that Census: (a) be required to divulge or communicate any of that information to a court or tribunal; or (b) voluntarily give any of that information in evidence in proceedings before a court or tribunal. Section 58 has no effect on this section (3) Section 58 does not affect the operation of this section. Definition (4) In this section: Archives officer means the Director‑General or a member of the staff of the Archives. Division 3—Access to Commonwealth records 31 Records in open access period to be publicly available (1A) This section applies to a Commonwealth record that: (a) is in the open access period; and (b) is in the care of the Archives or in the custody of a Commonwealth institution; and (c) is not an exempt record. (1) Subject to this Part, the Archives must cause the record to be made available for public access. Note: Arrangements under section 64 for a person (other than the Archives) to have custody of a Commonwealth record must enable the Archives to meet its obligations under this subsection. (2) If the record is in the custody of a Commonwealth institution, the institution must make such arrangements with the Archives as will enable the Archives to meet its obligations under subsection (1) in relation to the record. Note: If the record is material of the Archives, the arrangements referred to in subsection (2) must be included in the arrangements under section 64 for the Commonwealth institution to have custody of the record. (3) Subject to any regulations made under section 20, subsection (2) does not apply to: (a) the Senate, the House of Representatives or a Parliamentary Department, in relation to records in the possession of the Senate, the House of Representatives or the Parliamentary Department; or (b) a court, in relation to records in the possession of that court or of a registry of that court. (4) The Archives may withhold a Commonwealth record or a class of Commonwealth records from public access for a reasonable time pending examination in accordance with section 35. 32 Consultation with States (1) Where it appears to the Minister that the Government of a State, of the Australian Capital Territory or of the Northern Territory, as the case may be, might reasonably wish to contend that the making available of a record under section 31 could adversely affect the interests of that State, of the Australian Capital Territory or of the Northern Territory, as the case may be, the record shall not be made available unless there has been consultation between the Commonwealth and that State, the Australian Capital Territory or the Northern Territory. (2) For the purpose of facilitating consultation under subsection (1), the Commonwealth may enter into such arrangements with a State, with the Australian Capital Territory or with the Northern Territory as it thinks appropriate. 33 Exempt records (1) For the purposes of this Act, a Commonwealth record is an exempt record if it contains information or matter of any of the following kinds: (a) information or matt