Commonwealth Numbered Acts

Archives Act 1983 No. 79 of 1983 - SECT 3

3. (1) In this Act, unless the contrary intention appears-

         ''Archives'' means the Australian Archives established by this Act;


         ''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 or Norfolk Island;

        (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 prescribed company or association over which the Commonwealth is in
        a position to exercise control,

but does not include a court, 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;

         ''Chairman'' means the Chairman of the Council;


         ''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 other than Norfolk Island;

''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 sub-section (6) or by virtue of section 22,

but does not include a record that is a Cabinet notebook, is exempt material,
or is a register or guide maintained in accordance with Part VIII;

         ''Council'' means the Advisory Council on Australian Archives
established by this Act;

         ''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 Chairman'' means the Deputy Chairman 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
Australian Archives under the Public Service Act 1922;

         ''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 sub-section (6) applies;

   (b)  material included in the collection of library material maintained by
        the National Library of Australia;

   (c)  material included in the collection of works of art maintained by the
        Australian National Gallery;

   (d)  material included in the historical material in the possession of the
        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;

         ''material'' means records and other objects;


         ''material of the Archives'' means-


   (a)  records in the custody of the Archives (other than current
        Commonwealth records relating to the administration of the Archives);
        or

   (b)  an object, other than a record, that forms part of the archival
        resources relating to Australia and is in the custody of the Archives,

and includes material kept in the custody of a person in accordance with
arrangements made under section 64;

         ''object'' does not include a building or other structure or a
vessel, aircraft or vehicle, other than a prescribed vessel, aircraft or
vehicle;

         ''Parliamentary Department'' means the Department of the Senate, the
Department of the House of Representatives, the Department of the
Parliamentary Library, the Department of the Parliamentary Reporting Staff or
the Joint House Department;

         ''person'' includes a Commonwealth institution or an organization;


         ''record'' means a document (including any written or printed
material) or object (including a sound recording, coded storage device,
magnetic tape or disc, microform, photograph, film, map, plan or model or a
painting or other pictorial or graphic work) that is, or has been, kept by
reason of any information or matter that it contains or can be obtained from
it or by reason of its connection with any event, person, circumstance or
thing;

         ''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 Queen to make inquiry and report
upon any matter;

         ''Tribunal'' means the Administrative Appeals 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, the Northern Territory or Norfolk Island 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, the
               Northern Territory or Norfolk Island 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;

   (b)  the Australian Cadet Corps;

   (c)  the Naval Reserve Cadets; and

   (d)  the Air Training Corps.

(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, a record is in the open access period if a
period of 30 years has elapsed since the end of the year ending on 31 December
in which the record came into existence.

(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.