Archives Act 1983

This section applies to a Commonwealth record that:

is in the open access period; and

is in the care of the Archives or in the custody of a Commonwealth institution; and

is not an exempt record.

Subject to this Part, the Archives must cause the record to be made available for public access.

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.

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.

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.

Subject to any regulations made under section 20, subsection (2) does not apply to:

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

a court, in relation to records in the possession of that court or of a registry of that court.

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.