Commonwealth Numbered Acts

Archives Act 1983 No. 79 of 1983 - SECT 24

Division 2-Dealings with Commonwealth Records

24. (1) Subject to this Part, a person shall not-

   (a)  destroy or otherwise dispose of;

   (b)  transfer, or be a party to arrangements for the transfer of, the
        custody of;

   (c)  transfer, or be a party to arrangements for the transfer of, the
        ownership of; or

   (d)  damage or alter,
a Commonwealth record.

Penalty: $2,000.

(2) Sub-section (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) Sub-section (1) does not apply to the destruction of a
Commonwealth record, being a record to which sub-section 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 Australian 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 received into the custody of the Archives from, 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 sub-section (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.