Archives Act 1983 (Cth)

Archives Act 1983

No. 79, 1983

Compilation No. 50

Compilation date: 11 December 2024

Includes amendments: Act No. 115, 2024

About this compilation

This compilation

This is a compilation of the Archives Act 1983 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part I—Preliminary 1 Short title 2 Commencement 2A Objects of this Act 3 Interpretation 3A A company no longer established for a public purpose 3B Commonwealth‑controlled companies or associations that are not authorities of the Commonwealth 3C Director‑General may determine archival resources of the Commonwealth 4 Extension to Territories 4A Application of the Criminal Code Part II—Establishment, functions and powers of the National Archives of Australia 5 Establishment and functions of National Archives of Australia 6 Powers of Archives 6A Records that are not part of the archival resources of the Commonwealth Part III—The Director‑General and staff of the Archives 7 Director‑General 8 Delegation by Director‑General 9 Staff Part IV—National Archives of Australia Advisory Council 10 National Archives of Australia Advisory Council 11 Functions of Council 12 Chair and Deputy Chair of Council 13 Deputies of members 14 Remuneration and allowances of members 15 Termination of office of member 16 Resignation of member 17 Meetings of the Council Part V—Commonwealth records Division 1—Preliminary 18 Records of the Parliament 19 Court records 20 Regulations and arrangements relating to certain records 21 Archives may be given custody of certain records 22 Records of Royal Commissions etc. 22A Cabinet notebooks 22B Census information 22C Independent Review documents and PWSS documents 23 Records of inter‑governmental authorities Division 2—Dealings with Commonwealth records 24 Disposal, destruction etc. of Commonwealth records 25 Advice to Council on disposal practices 26 Alteration of Commonwealth records 27 Transfer of certain Commonwealth records to care of Archives 28 Archives to have access to records 28A Records of companies or associations that cease to be authorities of the Commonwealth 29 Exemption of certain records 30 Commonwealth records to be available to Commonwealth institutions 30A Non‑disclosure of Census information Division 3—Access to Commonwealth records 31 Records in open access period to be publicly available 32 Consultation with States 33 Exempt records 35 Identification of exempt records 36 Forms of access 37 Conditions in respect of proper care of records 38 Access to part of exempt record 39 Information as to existence of certain documents 40 Applications for access to records 40A Consideration period for applications for access to records 40B Applications for access to records made by persons acting in concert etc. Division 4—Review of decisions 42 Internal reconsideration of decisions 43 Applications to Administrative Review Tribunal 44 Powers of Tribunal 50 Parties 50A Inspector‑General of Intelligence and Security must be requested to give evidence in certain proceedings 51 Onus 52 Tribunal to ensure non‑disclosure of certain matters 53 Production of exempt records 55 Complaints to Ombudsman 55A Automatic stay of certain decisions on appeal Division 5—Miscellaneous 56 Arrangements for accelerated or special access 57 Protection against certain actions 58 Access to records apart from Act 59 Security classifications 60 Transitional provisions relating to access Part VI—Samples of material for the Archives 62 Samples of material for Archives Part VII—Care of material of the Archives 63 Location of material of the Archives 64 Custody of material of the Archives other than by Archives Part IX—Miscellaneous 68 Annual Report by the Council 69 Certified copies of records 69A Charges for discretionary service for Commonwealth institutions 70 Transitional 71 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history