The legislation that is being viewed is valid for Sessional. Archives Regulations 2004 (S.R. 2004, No. 86) ------------------------------------------------------------------------------- CONTENTS Archives Regulations 2004 1. Short title 2. Commencement 3. Interpretation 4. Use of and access to Archives Office or State archives 5. Copies of State archives 6. Offences 7. Removal or exclusion from Archives Office 8. Records of State and local authorities Archives Regulations 2004 I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Archives Act 1983. 11 October 2004 W. J. E. COX Lieutenant-Governor By His Excellency's Command, PAULA WRIEDT Minister for Education 1. Short title These regulations may be cited as the Archives Regulations 2004. 2. Commencement These regulations take effect on 1 January 2005. 3. Interpretation In these regulations "employee" means a person appointed or employed under section 7 of the Archives Act 1983. 4. Use of and access to Archives Office or State archives (1) The State Archivist may impose such conditions and restrictions on the use of or access to the Archives Office or a State archive as the State Archivist reasonably considers necessary for the proper and efficient management of the Archives Office. (2) The State Archivist may refuse the use of or access to a State archive by any person or in respect of any research program if the State Archivist reasonably considers that such use or access may (a) be detrimental to the preservation of the State archive; or (b) interfere unreasonably with the operation or management of the Archives Office. 5. Copies of State archives (1) The State Archivist may, on application and payment of such fee as the State Archivist reasonably determines, provide a person with a copy of a State archive. (2) The State Archivist may refuse to provide a person with a copy of a State archive if the State Archivist reasonably considers that copying the State archive would be (a) likely to damage the State archive; or (b) detrimental to the efficient operation or management of the Archives Office. (3) The State Archivist may make a copy of a State archive in such manner as the State Archivist thinks fit. (4) A person must not further copy, reproduce or publish a copy of a State archive provided under this regulation without the State Archivist's written approval. Penalty: Fine not exceeding 5 penalty units. 6. Offences (1) A person must not, in the Archives Office (a) write in or on a State archive; or (b) fold, tear, cut, crease, mark or otherwise damage or mutilate a State archive; or (c) place without the State Archivist's permission any thing or object on a State archive for the purpose of tracing or copying that State archive. Penalty: Fine not exceeding 5 penalty units. (2) A person must not, in the Archives Office (a) eat, drink or smoke; or (b) fail to comply with a direction of the State Archivist given to ensure the maintenance and preservation of State Archives; or (c) use a tape-recorder, typewriter, computer, camera, mobile phone or other equipment unless that person (i) has the State Archivist's permission; and (ii) complies with any conditions imposed by the State Archivist on the use of that equipment. Penalty: Fine not exceeding 2 penalty units. (3) A person must not, in the Archives Office (a) use a State archive, that is available on microfilm or in a digital format, in any other format without the State Archivist's permission; or (b) without the State Archivist's permission use anything other than a pencil for the purposes of taking written notes; or (c) unnecessarily disturb or interrupt any person using the Archives Office. (4) A person must not enter or remain in an area of the Archives Office that is set aside as a storage area for State archives or as a work area for an employee unless that person (a) is an employee; or (b) has obtained the permission of the State Archivist. Penalty: Fine not exceeding 2 penalty units. (5) A person must not remove a State archive from the Archives Office without the State Archivist's permission. Penalty: Fine not exceeding 5 penalty units. (6) A person in the Archives Office must present for inspection any folder, notes, bag, case, parcel or other container in their possession if requested to do so by an employee. Penalty: Fine not exceeding 2 penalty units. 7. Removal or exclusion from Archives Office An employee may direct a person to leave the Archives Office or exclude a person from the Archives Office if the employee believes on reasonable grounds that the person has contravened these regulations. 8. Records of State and local authorities (1) If a State authority or a local authority is to be abolished, amalgamated or have its functions terminated, the relevant authority is to (a) give the State Archivist written notice of the abolition, amalgamation or termination; and (b) forward a list specifying the records of that authority to the State Archivist. (2) If a State authority or a local authority is abolished or amalgamated, and its functions are vested in or transferred to another State authority or local authority, the authority so abolished or amalgamated is to forward its records to that other authority. (3) A State authority or local authority is to forward to the Archives Office any record that it has received pursuant to subregulation (2) and does not require. (4) If a State authority or a local authority is abolished and its functions are not vested in or transferred to another State authority or local authority, the records of the authority are to be forwarded to the Archives Office. Displayed and numbered in accordance with the Rules Publication Act 1953. Notified in the Gazette on 20 October 2004. These regulations are administered in the Department of Education. EXPLANATORY NOTE (This note is not part of the regulation) These regulations replace the Archives Regulations 1987; they provide for (a) the management and control of the Archives Office; and (b) the use of and access to State archives; and (c) the procedure regarding records of State and local authorities that have been abolished, amalgamated or had their functions terminated.