Archives Regulations 2018 (Cth)

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Archives Regulations 2018

made under the

Archives Act 1983

Compilation No. 1

Compilation date:14 October 2024

Includes amendments:F2024L01299

About this compilation

This compilation

This is a compilation of the Archives Regulations 2018 that shows the text of the law as amended and in force on 14 October 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 ( 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 1Preliminary1Name

This instrument is the Archives Regulations 2018.

3Authority

This instrument is made under the Archives Act 1983.

5Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Archives;
(b) Commonwealth institution;
(c) Commonwealth record.
In this instrument:
Act means the Archives Act 1983.
memorial collection has the same meaning as in the Australian War Memorial Act 1980.
metre has the meaning given by subsection 15(3).
official records means records that would be Commonwealth records if the records were not included in the memorial collection of the Australian War Memorial.
old regulations means the Archives Regulations.
relevant office has the meaning given by subsection 14(2).
sentence has the meaning given by subsection 15(4).
staff member means a member of the staff of the Archives.

Part 2Application of the Act6Exempt material – custodial institutions

For the purposes of paragraph (e) of the definition of exempt material in subsection 3(1) of the Act, the Australian National Maritime Museum is a custodial institution.
Note: Material included in a collection maintained by a custodial institution is not exempt material if the material was included in the collection as a result of a contravention of section 24 of the Act (see the definition of exempt materialin subsection 3(1) of the Act).

7Certain records deemed to be Commonwealth records

(1)
For the purposes of subsection 3(6) of the Act, official records included in the memorial collection (other than a class of records specified in subsection (2)) are deemed to be Commonwealth records for the purposes of the following provisions of the Act:
1. (a)
  sections 28 and 30;
2. (b)
  Division 3 (other than subsections 31(3) and 35(2)) of Part V;
3. (c)
  Divisions 4 and 5 (other than section 58) of Part V.
(2)
The following classes of records are specified:

Specified classes of records
Item	Control number of the class of records	Title or description of the class of records
1	AWM 91	Printed records
2	AWM 92	Private records
3	AWM 167	Art collection
4	AWM 195	Maps and aerial photographs
5	AWM 196	Special collections
6	AWM 197	Photographic collection
7	AWM 198	Film collection
8	AWM 199	Sound recordings

Part 3Dealings with Commonwealth institutions8Purpose of this Part

The purpose of this Part is to carry out or give effect to:
(a)
the objects of the Act (see section 2A of the Act); and
(b)
the functions and powers of the Archives (see sections 5 and 6 of the Act).

9Requesting information from Commonwealth institutions

(1)
The Archives may request a Commonwealth institution to give the Archives information relating to Commonwealth records in the institution’s custody.
(2)
Without limiting subsection (1), the Archives may request the institution to provide information:
1. (a)
  relating to the creation, keeping and management of records in the institution’s custody; or
2. (b)
  necessary or convenient for determining if records in the institution’s custody are part of the archival resources of the Commonwealth; or
3. (c)
  relating to the disposal or destruction of records by the institution.
(3)
The institution must comply with a request made under subsection (1) as soon as is reasonably practicable.

10Notice in relation to dealings with Commonwealth records

(1)
This section applies if, for the purposes of section 24 or 26 of the Act, the Archives:
1. (a)
  gives a permission to a person in relation to any dealings with Commonwealth records; or
2. (b)
  approves a practice or procedure in relation to any dealings with Commonwealth records; or
3. (c)
  notifies a Department or an authority of the Commonwealth that the Archives disapproves of a practice of the Department or the authority in relation to dealings with Commonwealth records.
(2)
The Archives must give the permission, approval or notification by written notice that:
1. (a)
  is signed by the Director‑General or a person authorised by the Director‑General under subsection (3) for the purposes of this paragraph; and
2. (b)
  specifies the date on which the notice is signed; and
3. (c)
  specifies the matter to which permission, approval or notification, relates, as the case may be; and
4. (d)
  specifies the name and address of the person, the Department or the authority, as the case may be, to whom the notice is to be given.
(3)
The Director‑General may authorise, in writing, a person for the purposes of paragraph (2)(a).

11Dealings with Commonwealth records by Commonwealth institutions

A Commonwealth institution must keep, in writing, information relating to:
(a)
the destruction or other disposal of a Commonwealth record in that institution’s custody; or
(b)
the transfer of the custody or ownership of a Commonwealth record in that institution’s custody; or
(c)
damage to or alteration of a Commonwealth record in that institution’s custody.

12Consent to destruction or disposal of certain Commonwealth records

(1)
This section applies if:
1. (a)
  Commonwealth records of a Commonwealth institution, or records included in a class of such records, are, in accordance with an arrangement approved by the Archives, being kept temporarily in the custody of the Archives for a period; and
2. (b)
  the Archives has requested, by written notice, the institution’s consent to the destruction or other disposal of the records; and
3. (c)
  at the time the request was made, the period had expired or would expire within 90 days.
(2)
The institution must respond in writing to the request, as soon as is reasonably practicable, by:
1. (a)
  consenting to the proposed destruction or other disposal of the records; or
2. (b)
  requesting that the Archives retain the records for a further period for the reasons set out in the response.

Part 4Access to Commonwealth records13Charges for access to records

(1)
For the purposes of paragraph 36(2)(b), (c) or (d) of the Act, the determined charge for access to a record by a person is an amount equal to, or less than, the cost of giving such access.
Waiver of charge
(2)
The Director‑General may waive the whole or part of a charge under subsection (1) if the Director‑General is satisfied that:
1. (a)
  payment of the charge would cause the person financial hardship; or
2. (b)
  the cost of giving access to the record is low; or
3. (c)
  access to the record is for a charitable purpose; or
4. (d)
  it is appropriate to do so for the efficient and effective management of records; or
5. (e)
  it is in the interests of the Commonwealth’s international relations or relations with a State or Territory; or
6. (f)
  it is in the public interest.
(3)
If the Director‑General refuses to waive the whole or part of the charge, the Director‑General must give the person written notice of the decision, including the reasons for the decision.
Review of refusal to waive charge
(4) Applications may be made to the Administrative Review Tribunal for review of a decision of the Director‑General to refuse to waive the whole or part of a charge under subsection (2).

14Specified circumstances for access to restricted Commonwealth records

(1)
For the purposes of subsection 56(2) of the Act, the following table sets out the circumstances in which a Commonwealth record that is not otherwise available for public access under the Act may be made available to a person.

Access to restricted Commonwealth records
Item	If the person …	the person may have access to the records if …
1	held a relevant office	(a) the records were, or could reasonably be presumed to have been, seen or used by the person because the person held the office; and (b) the person desires to refresh his or her memory about the records.
2	is preparing a publication about another person (the officeholder) who held a relevant office	(a) the publication has been authorised by the officeholder or the officeholder’s personal representative; and (b) the records were, or could reasonably be presumed to have been, seen or used by the officeholder because the officeholder held the office.
3	is not a Commonwealth institution	the Archives has custody of the records because of an arrangement entered into with the person.
4	is carrying out research for the purpose of preparing a work for publication	(a) the work has been declared under subsection (4) to be a work that is likely to make a substantial contribution to the recording and assessment of events in Australia’s development; and (b) the records are relevant to the research being carried out by the person.

(2)
A relevant office is any of the following:
1. (a)
  the office of Governor‑General;
2. (b)
  an office of Minister;
3. (c)
  an office of Secretary (within the meaning of the Public Service Act 1999);
4. (d)
  another office in a Commonwealth institution declared under subsection (3) for the purposes of this paragraph.
(3)
The Prime Minister may, by legislative instrument, declare an office in a Commonwealth institution for the purposes of paragraph (d) of the definition of relevant office in subsection (2).
(4)
The Minister, or a person authorised by the Minister under subsection 56(2) of the Act, may, in writing, declare a work to be a work that is likely to make a substantial contribution to the recording and assessment of events in Australia’s development.

Part 5Discretionary services15Discretionary services for persons other than Commonwealth institutions

(1)
For the purposes of paragraph 71(e) of the Act, the following table prescribes discretionary services for a person other than a Commonwealth institution and sets out the amount or rate of charge for the provision of those services.

Discretionary services etc.
Item	Discretionary service	Amount or rate of charge
1	The storage, control, access, preservation or disposal, by a staff member, of the records of the person under an arrangement between the Archives and the person	The amount of remuneration payable to the staff member for the period during which the service is provided, plus 160% of that amount
2	Sentencing of records	$291.50 for each metre of records
3	Research conducted by a staff member ancillary to the sentencing of records	$82.50 for each hour of research
4	Transporting records to the Archives	$38.50 for each metre of records
5	Making shelf space available for the storage of records	$11.50 for each metre of records per year of storage
6	Making shelf space available in an air‑conditioned repository for the storage of records	$19.50 for each metre of records per year of storage
7	Making shelf space available in an air‑conditioned vault for the storage of records	$20.50 for each metre of records per year of storage
8	Serviced storage of records that have been sentenced	(a) for the first year of storage—$17.00 for each metre of records; and (b) for each later year of storage—$11.50 for each metre of records
9	Serviced storage of records that have not been sentenced	(a) for the first year of storage—$62.50 for each metre of records; and (b) for each later year of storage—$57.00 for each metre of records
10	Serviced storage of records in an air‑conditioned repository	(a) for the first year of storage—$24.00 for each metre of records; and (b) for each later year of storage—$19.50 for each metre of records
11	Serviced storage of records in an air‑conditioned vault	(a) for the first year of storage—$25.50 for each metre of records; and (b) for each later year of storage—$20.50 for each metre of records
12	Supplying archival containers for the storage of records	an amount equal to or less than the cost to the Archives in supplying the containers
13	Searching in normal business hours for a record	$7.00
14	Searching outside normal business hours for a record	$82.50 for each hour of searching
15	Destroying records	$9.00 for each metre of records
16	Bulk withdrawal of records other than for sentencing of records	$11.00 for each metre of records
17	Training course—full day	$405.00 for each person attending the course
18	Training course—half day	$220.00 for each person attending the course

(2)If a charge for a service in the table in subsection (1) is worked out in relation to a period of time or a number of metres, the amount of charge must be proportionate to the actual time spent or the actual length of shelf space occupied.
Note: For example, if a search for a record outside of business hours (see item 14 of the table in subsection (1)) takes 1 hour and 30 minutes, the charge will be $82.50 for the hour and $41.25 for the 30 minutes.
(3)
A metre of records is a linear metre of shelf space occupied by the records.
(4)
Records to be kept at the Archives are sentenced by the process of identifying and classifying the records to determine:
(a)
the value, or significance, of the records; and
(b)
the appropriate management of the records.

Part 6Transitional provisions16Things done under the old regulations

(1)
If:
1. (a)
  a thing was done for a particular purpose under the old regulationsas in force immediately before the commencement of this section; and
2. (b)
  the thing could be done for that purpose under this instrument;
the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.
(2)
Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application or other instrument being given or made.

17Review by the Administrative Appeals Tribunal of certain decisions of the Director‑General

(1)
This section applies if:
1. (a)
  the Director‑General makes a decision under subregulation 11(6) of the old regulations before the commencement of this section; and
2. (b)
  immediately before that commencement, an application has not been made under subregulation 11(7) of the old regulations for review by the Administrative Appeals Tribunal of that decision; and
3. (c)
  immediately before that commencement, the time for a person to make such an application has not ended (including any extensions of that time under section 29 of the Administrative Appeals Tribunal Act 1975).
(2)
Despite the repeal of subregulation 11(7) of the old regulations, that subregulation, as in force immediately before the commencement of this section, continues to apply in relation to the Director‑General’s decision as if that repeal had not happened.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Archives Regulations 2018	21 Mar 2018 (F2018L00343)	22 Mar 2018 (s 2(1) item 1)
Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024	11 Oct 2024 (F2024L01299)	Sch 10 (item 57): 14 Oct 2024 (s 2(1) item 1)	—

Endnote 4Amendment history

Provision affected	How affected
Part 1
s 2.............................................	rep LA s 48D
s 4.............................................	rep LA s 48C
Part 4
s 13............................................	am F2024L01299
Schedule 1..................................	rep LA s 48C

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Archives Regulations 2018 (Cth)

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