State Records Act 2000

The Commission is to establish principles and standards —

governing record keeping by State organisations; and

governing contracts or arrangements entered into by State organisations with persons under which the persons are to perform any aspect of record keeping for the organisations; and

for determining which State records should be State archives; and

for determining which State archives that are government records should be restricted access archives and the ages at which they should cease to be a restricted access archive; and

for determining which State archives should not be transferred to the State archives collection under section 32(1); and

for determining the retention periods for State records that are not to be State archives.

Before establishing, amending or repealing the principles and standards, the Commission is to —

consult such people as the Commission considers desirable and practical to consult; and

take into account the impact which the principles and standards may have on the efficiency and effectiveness of State organisations and endeavour to minimise any adverse impact.

The principles and standards —

are to be published in the Gazette; and

come into operation on the day on which they are published in the Gazette or on such later date as is specified in the principles or standards; and

may be amended or repealed by the Commission by subsequent principles or standards.

Section 42 of the Interpretation Act 1984 applies to and in relation to the principles and standards as if they were regulations within the meaning of that section.

Subject to subsection (6), principles or standards have in relation to other Acts and subsidiary legislation made under them the force of law as if enacted as part of this Act, but are subject to any regulations made under this Act.

Nothing in subsection (5) prevents a court from inquiring into, and deciding, whether or not a principle or standard or any of its provisions —

has been validly established;

is inconsistent with a provision of this Act;

is unrelated to the power conferred by this section to establish principles and standards,