Commonwealth Numbered Regulations Commonwealth Numbered RegulationsLimiting availability of records to Archives
(1) If:
(a) the Senate or the House of Representatives determines by resolution that a Class A record is, for a period specified in the resolution:
(i) a record that is not to be transferred to the care of the Archives; or
(ii) a record to which the Archives is not entitled to have access; or
(iii) a record to which the Archives is not entitled to have access unless the conditions that are specified in the resolution or determination are complied with; or
(b) the Presiding Officer makes a similar determination in writing, with the concurrence of the Director-General, in relation to a Class B record; or
(c) the Presiding Officer makes a similar determination in writing in relation to a Class C record;
the Archives must comply with the determination.
(1A) If the Archives seeks access to a Class B record, or a Class C record, that is not in the care of the Archives, and a person responsible for the custody of the record considers that it may be appropriate for the Presiding Officer to make a determination in relation to the record, the person must:
(a) notify the Archives of the person's opinion; and
(b) notify the Presiding Officer to allow the Presiding Officer to consider whether a determination should be made.
(1B) If the person notifies the Archives under subsection (1A), the Archives is not entitled to access to the record until the earlier of:
(a) the end of 1 month from the day the Archives is notified; and
(b) the day the notification is withdrawn.
Agreement on dealing with certain records
(3) The Presiding Officer may make a written agreement conforming with subsection (3A) with the Director-General about records (the relevant records ) that are any or all of the following:
(a) Class A records, Class B records and Class C records, transferred to the care of the Archives;
(b) Class B records that are in the custody of a parliamentary body and are in the open access period.
Note: Arrangements under section 64 for a person (other than the Archives) to have custody of a Commonwealth record must enable the Archives to meet its obligations under this subsection.
(3A) The agreement:
(a) must enable the Archives to meet:
(i) its obligations under subsection 30(1) in respect of the relevant records that are described in paragraph (3)(a) of this section (if any); and
(ii) its obligations under subsection 31(1) in respect of the relevant records that are Class B records described in paragraph (3)(a) or (b) of this section (if any); and
(b) must provide for the relevant records to be held on the conditions that are specified in the agreement and consistent with this Part; and
(c) may provide for either or both of the following:
(i) the care of the relevant records;
(ii) the regular inspection of the relevant records by the Archives.
Note: Subsection 30(1) requires the Archives to make records transferred into the care of Archives from a parliamentary body available for use by the body. Subsection 31(1) requires the Archives to make certain Class B records in the open access period available for public access.