Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) In this Division and Division 3:
"Class A record " means any of the following records except a record that is an excluded record:
(a) the Journals of the Senate in the possession of the Senate;
(b) the Votes and Proceedings of the House of Representatives in the possession of the House of Representatives;
(c) a record that is:
(i) laid before, or tabled in; and
(ii) in the possession of;
the Senate or the House of Representatives;
(d) a record:
(i) that is presented to a committee; and
(ii) that is in the possession of the committee, the Senate or the House of Representatives; and
(iii) that the committee, the Senate or the House of Representatives respectively has not authorised to be published;
(e) a record that:
(i) was prepared by an officer of a Parliamentary Department or a person employed in, or performing duties for, a Parliamentary Department; and
(ii) either minutes the proceedings of a committee or relates to a record that was presented to a committee; and
(iii) is in the possession of the committee, the Senate, the House of Representatives or a Parliamentary Department.
"Class B record " means a record in the possession of the Senate, the House of Representatives or a Parliamentary Department that is not any of the following:
(a) a Class A record;
(b) a Class C record;
(c) an excluded record.
"Class C record " means any of the following records in the possession of the Senate, the House of Representatives or a Parliamentary Department except a record that is an excluded record:
(a) a record containing information that section 64V of the Parliamentary Service Act 1999 prohibits an entrusted person from disclosing (except for purposes described in subsection 64V(3) or (4B));
(b) a record determined under subsection (2) of this section.
(a) a committee of the Parliament that consists of Senators and Members of the House of Representatives; or
(b) a committee of the Senate or of the House of Representatives.
"excluded record " means a record in:
(a) the library collection for which the Parliamentary Librarian has responsibility; or
(b) the art collection of the Parliament.
"Head of the Department " means:
(a) in the case of records that are in the possession of the Department of the Senate--the Clerk of the Senate; or
(b) in the case of records that are in the possession of the Department of the House of Representatives--the Clerk of the House of Representatives; or
(c) in the case of records that are in the possession of the Department of Parliamentary Services (except records described in paragraph (d))--the Secretary of that Department; or
(d) in the case of records that are in the possession of the Department of Parliamentary Services because they are in the possession of the Parliamentary Librarian or another Parliamentary Service employee in that Department assisting the Parliamentary Librarian--the Parliamentary Librarian; or
(e) in the case of records that are in the possession of the Department of the Parliamentary Budget Office--the Parliamentary Budget Officer.
"old , in relation to a provision, means that provision as it applied with modifications because of the Archives (Records of the Parliament) Regulations" as in force immediately before the commencement of the Archives (Records of the Parliament) Regulations 2019 .
"parliamentary body " means the Senate, the House of Representatives, a committee or a Parliamentary Department.
"parliamentary practice " means:
(a) a normal administrative practice of a Parliamentary Department; or
(b) a practice required by, or to implement:
(i) a Standing Order of either House of the Parliament; or
(ii) a Sessional Order of either House of the Parliament; or
(iii) a resolution adopted by either House of the Parliament; or
(iv) a ruling of the President or the Speaker; or
(c) a practice approved by the President or the Speaker.
"President " means the President of the Senate.
(a) in the case of records that are in the possession or custody of:
(i) the Senate; or
(ii) a committee of the Senate; or
(iii) the Department of the Senate;
the President; or
(b) in the case of records that are in the possession or custody of:
(i) the House of Representatives; or
(ii) a committee of the House of Representatives; or
(iii) the Department of the House of Representatives;
the Speaker; or
(c) in the case of records that are in the possession or custody of:
(i) a committee of the Parliament that consists of Senators and Members of the House of Representatives; or
(ii) the Department of Parliamentary Services; or
(iii) the Department of the Parliamentary Budget Office;
the President and the Speaker.
"Speaker " means the Speaker of the House of Representatives.
(2) For the purposes of paragraph (b) of the definition of Class C record in subsection (1), the Presiding Officer may, by legislative instrument, determine a record if:
(a) the Presiding Officer is satisfied that:
(i) the record relates to the provision of advice to a Senator or a Member of the House of Representatives; and
(ii) the record should remain under the control of the Parliament because of a duty of confidentiality under the Parliamentary Service Act 1999 ; and
(b) the Director-General agrees with the proposed determination.
Note: Records may be determined individually or by reference to a class: see subsection 13(3) of the Legislation Act 2003 .
3 Section 24 (heading)
Omit " Commonwealth records ", substitute " Class A records, Class B records and Class C records ".
4 Subsections 24(1) and (1A)
Omit "Commonwealth record" (wherever occurring), substitute "Class A record, Class B record or Class C record".
5 Subsection 24(2)
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to anything:
(a) done in relation to a Class A record, a Class B record or a Class C record in accordance with a law; or
(b) done in relation to:
(i) a Class A record that is a record laid before the Senate, or the Journals of the Senate , with the permission of the Senate by resolution; or
(ii) any other Class A record or Class C record with the permission of the Presiding Officer; or
(iii) a Class B record with the permission of the Archives; or
(c) done in relation to a Class A record, a Class B record or a Class C record in accordance with a parliamentary practice other than a normal administrative practice of a Parliamentary Department that is a normal administrative practice of which the Archives has notified that Department in writing that it disapproves; or
(d) done in relation to a Class A record or a Class C record to place the record in the custody of a committee for the purposes of the committee; or
(e) done in relation to a Class A record or a Class C record to place the record in the custody of:
(i) the Clerk of the Senate for the purposes of the Department of the Senate; or
(ii) the Clerk of the House of Representatives for the purposes of the Department of the House of Representatives; or
(iii) the Secretary of the Department of Parliamentary Services for the purposes of that Department; or
(iv) the Parliamentary Librarian for the purposes of performing the Parliamentary Librarian's functions; or
(v) the Parliamentary Budget Officer for the purposes of the Department of the Parliamentary Budget Office; or
(f) done, in relation to a Class A record, a Class B record or a Class C record, that is not in the custody of a committee or a Parliamentary Department that is entitled to custody of the record, to place the record in the custody of the committee or Department.
6 Subsection 24(3)
Omit "Commonwealth record", substitute "Class A record, Class B record or Class C record".
7 Subsection 24(4)
Repeal the subsection, substitute:
(4) This section does not authorise the Archives to permit the destruction or other disposal of a Class B record without the consent, in writing, of the Presiding Officer.
8 Subsection 24(5)
Omit "a record", substitute "a Class A record, a Class B record or a Class C record,".
9 Paragraph 25(1)(a)
Repeal the paragraph.
10 Paragraph 25(1)(b)
Omit "of a kind referred to in paragraph (a)", substitute "followed by, or approved by, the Archives in respect of the destruction or other disposal of Class B records".
11 Paragraph 25(1)(b)
Omit "a Commonwealth institution", substitute "the Presiding Officer".
12 Paragraph 25(1)(c)
Omit "Commonwealth records", substitute "Class B records".
13 Paragraph 25(1)(c)
Omit "a Commonwealth institution", substitute "the Presiding Officer".
14 Subsection 25(2)
Omit "a Commonwealth institution", substitute "the Presiding Officer".
15 Subsection 25(2)
Omit "that institution", substitute "the Presiding Officer".
16 Section 26 (heading)
Omit " Commonwealth records ", substitute " Class A records, Class B records and Class C records ".
17 Paragraph 26(1)(a)
Omit "Commonwealth record", substitute "Class A record, Class B record or Class C record".
18 After subsection 26(1A)
Insert:
(1B) Subsection (1) does not apply to anything done in relation to a Class A record or a Class C record:
(a) in accordance with a law; or
(b) with the permission, in writing, of the Presiding Officer; or
(c) if the record is either a record laid before the Senate or the Journals of the Senate --in accordance with a resolution of the Senate; or
(d) in accordance with a parliamentary practice other than a normal administrative practice of a Parliamentary Department that is a normal administrative practice of which the Archives has notified that Department in writing that it disapproves.
19 Subsection 26(2)
After "done", insert "in relation to a Class B record".
20 Sections 27, 28, 28A, 29 and 30
Repeal the sections, substitute: