s 1Short title
This Act may be cited as the Archives Act 1983.
This Act may be cited as the Archives Act 1983.
The several Parts of this Act shall come into operation on such respective dates as are fixed by Proclamation.
The objects of this Act are:
to provide for a National Archives of Australia, whose functions include:
identifying the archival resources of the Commonwealth; and
preserving and making publicly available the archival resources of the Commonwealth; and
overseeing Commonwealth record‑keeping, by determining standards and providing advice to Commonwealth institutions; and
to impose record‑keeping obligations in respect of Commonwealth records.
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:
an authority, body, tribunal or organization, whether incorporated or unincorporated, established for a public purpose:
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;
by the Governor‑General; or
by, or with the approval of, a Minister;
the holder of a prescribed office under the Commonwealth; or
a Commonwealth‑controlled company or a Commonwealth‑controlled association;
but does not include:
a court;
the Australian Capital Territory;
a body established by or under an enactment within the meaning of the Australian Capital Territory (Self‑Government) Act 1988;
the Northern Territory; or
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:
the record is in the custody of the Archives; or
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:
the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); or
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:
the official establishment of the Governor‑General;
the Executive Council;
the Senate;
the House of Representatives;
a Department;
a Federal court or a court of a Territory other than the Northern Territory or Norfolk Island;
an authority of the Commonwealth; or
the Administration of an external Territory.
Commonwealth record means:
a record that is the property of the Commonwealth or of a Commonwealth institution; or
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 Department of the Australian Public Service that corresponds to a Department of State of the Commonwealth; or
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:
do an act; or
omit to perform an act.
exempt material means:
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
material included in the collection of library material maintained by the National Library of Australia; or
material included in the collection of works of art maintained by the National Gallery of Australia; or
material included in the national collection maintained by the National Portrait Gallery of Australia; or
material included in the historical material in the possession of the National Museum of Australia; or
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).
The Independent Review commenced in 2021.
Independent Review document means:
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
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:
for a Cabinet notebook—section 22A;
for a record containing Census information—section 22B;
for a record that is an Independent Review document or a PWSS document—section 22C;
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 document given to, or received by, any of the following bodies in connection with the performance of the body’s functions:
the Parliamentary Workplace Support Service;
the Parliamentary Workplace Support Service Advisory Board;
the Parliamentary Workplace Support Service Consultative Committee;
the Independent Parliamentary Standards Commission; or
a document brought into existence by any of the bodies mentioned in paragraph (a); or
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:
any information or matter that it contains or that can be obtained from it; or
its connection with any event, person, circumstance or thing.
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.
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:
the history or government of Australia;
the legal basis, origin, development, organization or activities of the Commonwealth or of a Commonwealth institution;
a person who is, or has at any time been, associated with a Commonwealth institution;
the history or government of a Territory; or
an international or other organization the membership of which includes, or has included, the Commonwealth or a Commonwealth institution;
but do not include:
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;
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:
Commonwealth records;
property referred to in section 85 of the Constitution; or
material transferred to the Commonwealth by a State or the Northern Territory under a law or agreement;
material, other than Commonwealth records, relating only to a place that has been, but has ceased to be, a Territory; or
exempt material.
For the purposes of this Act, the Department of Defence shall be deemed to include:
the Defence Force; and
the Australian Defence Force Cadets.
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:
this Act requires the Archives to do; or
it is necessary for the Archives to do for the proper performance of its functions.
For the purposes of this Act, the Australian Federal Police shall be deemed to be an authority of the Commonwealth.
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.
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.
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. |
The following have different open access periods:
Cabinet notebooks (see section 22A);
records containing Census information (see section 22B);
Independent Review documents and PWSS documents (see section 22C).
Nothing in this Act shall be taken to confer power on the Archives to affect the custody of:
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
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.
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 legislative provision; or
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.
If a company or association was, immediately before the commencement of this section:
a Commonwealth‑controlled company or a Commonwealth‑controlled association that was:
not established for a public purpose; and
not prescribed under paragraph (c) of the definition of authority of the Commonwealth as then in force; or
a Commonwealth‑controlled company or a Commonwealth‑controlled association that was:
established for a public purpose; but
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.
The Director‑General may, in writing, determine that a specified Commonwealth record or other material is part of the archival resources of the Commonwealth.
The Director‑General may specify a record by reference to a class of records (see subsection 33(3AB) of the Acts Interpretation Act 1901).
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)).
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).
A determination under this section is not a legislative instrument.
This Act extends to every external Territory.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
There shall be an organization by the name of the National Archives of Australia.
For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
the Archives is a listed entity; and
the Director‑General is the accountable authority of the Archives; and
the following persons are officials of the Archives:
the Director‑General;
the staff of the Archives referred to in section 9; and
the purposes of the Archives include the functions of the Archives referred to in subsection (2).
The functions of the Archives are, subject to this Act:
to ensure the conservation and preservation of the existing and future archival resources of the Commonwealth; and
to encourage and foster the preservation of all other archival resources relating to Australia; and
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
to determine the material that constitutes the archival resources of the Commonwealth; and
to have the care and management of Commonwealth records, other than current Commonwealth records, that:
are part of the archival resources of the Commonwealth; or
ought to be examined to determine whether they are part of those archival resources; or
are required to be preserved (other than permanently preserved); and
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
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
to encourage, facilitate, publicise and sponsor the use of archival material; and
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
to conduct research, and provide advice, in relation to the management and preservation of records and other archival material; and
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
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.
Nothing in this Part derogates from the powers and functions of any other Commonwealth institution in relation to the keeping of current Commonwealth records.
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:
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;
undertake the survey, appraisal, accessioning, arrangement, description and indexing of Commonwealth records;
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;
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;
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;
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;
publish indexes of, and other guides to, archival material;
authorize the disposal or destruction of Commonwealth records;
on request, assist Commonwealth institutions in the training of persons responsible for the keeping of current Commonwealth records;
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;
obtain and maintain equipment for use in retrieving, or otherwise obtaining, information from records; and
provide information and facilities for persons using the material of the Archives.
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.
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.
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.
If:
a Commonwealth institution has transferred a Commonwealth record to the care of the Archives; and
the record has not been determined to be part of the archival resources of the Commonwealth under section 3C;
the Archives may:
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
otherwise—cause the record to be transferred to the custody of the institution, but only in accordance with arrangements agreed to by the institution.
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