Archives Amendment Act 1995

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Archives Amendment Act 1995

No. 10 of 1995

 

An Act to amend the Archives Act 1983

[Assented to 15 March 1995]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Archives Amendment Act 1995.

(2) In this Act, "Principal Act" means the Archives Act 19831.

Commencement

2.(1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.


(2) Paragraph 3(c) and sections 6, 7 and 8 are taken to have commenced immediately after the commencement of the Witness Protection Act 1994.

(3) The remaining provisions of this Act commence on such day as is, or such days as are, fixed by Proclamation.

(4) If a provision of this Act referred to in subsection (3) does not commence within 6 months after the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

Definitions

3. Section 3 of the Principal Act is amended:

(a) by omitting paragraph (c) of the definition of "authority of the Commonwealth" in subsection (1) and substituting:

"(c) a Commonwealth-controlled company or a Commonwealth-controlled association;";

(b) by inserting in subsection (1):

" 'Commonwealth-controlled association' means an association over which the Commonwealth is in a position to exercise control, but does not include an association that is declared by the regulations not to be a Commonwealth-controlled association;

" 'Commonwealth-controlled company' means an incorporated company over which the Commonwealth is in a position to exercise control, but does not include a company that is declared by the regulations not to be a Commonwealth-controlled company;";

(c) by inserting in subsection (1):

" 'National Witness Protection Program' means the Program by that name established by the Witness Protection Act 1994;".

Insertion of new sections

4. After section 3 of the Principal Act the following sections are inserted:

A company no longer established for a public purpose

"3A. An authority, body, tribunal or organisation, whether incorporated or unincorporated, established for a public purpose is to be taken, for the purposes of this Act, never to have been so established, only if:

(a) a legislative provision; or

(b) regulations made for the purpose of this section;

expressly provide that, for the purposes of this Act, the authority, body, tribunal or organisation is to be taken never to have been so established.

Commonwealth-controlled companies or associations that are not authorities of the Commonwealth

"3B. If a company or association was, immediately before the commencement of this section:


(a) a Commonwealth-controlled company or a Commonwealth-controlled association that was:

(i) not established for a public purpose; and

(ii) not prescribed under paragraph (c) of the definition of 'authority of the Commonwealth' as then in force; or

(b) a Commonwealth-controlled company or a Commonwealth-controlled association that was:

(i) established for a public purpose; but

(ii) taken, under a provision of an Act, never to have been so established;

then, despite paragraph (c) of the definition of 'authority of the Commonwealth', the company or association is to be taken not to be an authority of the Commonwealth.".

Insertion of new section

5. After section 28 of the Principal Act the following section is inserted:

Records of companies or associations that cease to be authorities of the Commonwealth

"28A. If a company or association that is an authority of the Commonwealth ceases, on a particular day, to be such an authority of the Commonwealth, then, despite the company or association so ceasing:

(a) the records of the company or association that were in existence prior to that day continue to be Commonwealth records; and

(b) the Archives may make arrangements with the company or association to enable those records of the company or association to be dealt with in accordance with the provisions of this Part in the same manner as if the company or association had not ceased to be an authority of the Commonwealth.".

Exemption of certain records

6. Section 29 of the Principal Act is amended by adding at the end:

"(9) The concurrence of the Director-General is not required for the making of a determination under subsection (1) by the Commissioner of the Australian Federal Police in relation to any record that contains information the release of which would endanger the safety of a person:

(a) who is, or has been, assessed for inclusion in the National Witness Protection Program; or

(b) who is, or has been, a witness within the meaning of the Witness Protection Act 1994 under that Program.".

Exempt records

7. Section 33 of the Principal Act is amended by inserting after subsection (1):


"(1A) For the purposes of subparagraph (1)(e)(ii), a confidential source of information in relation to the enforcement or administration of the law includes:

(a) a person who is providing, or has provided, confidential information to the National Crime Authority in relation to such a matter; or

(b) a person who is providing, or has provided, confidential information to the Australian Federal Police in relation to such a matter; or

(c) a person who is, or has been, a witness within the meaning of the Witness Protection Act 1994 under the National Witness Protection Program.".

Hearing of certain proceedings before the Tribunal

8. Section 47 of the Principal Act is amended:

(a) by inserting after subparagraph (2)(a)(i) "or";

(b) by inserting after subparagraph (2)(a)(iii):

"or (iiia) the Commissioner of the Australian Federal Police, or a member, special member or staff member of the Australian Federal Police, in connection with the National Witness Protection Program;".

 

NOTE

1. No. 79, 1983, as amended. For previous amendments, see No. 165, 1984; Nos. 76 and 102, 1986; Nos. 38, 109 and 126, 1988; Nos. 75 and 80, 1990; No. 180, 1991; No. 196, 1992; and No. 33, 1994.

[Minister's second reading speech made in—

Senate on 7 December 1994

House of Representatives on 1 March 1995]

Overview

The Archives Amendment Act 1995, enacted by the Parliament of Australia, was introduced to address issues surrounding the definition and status of Commonwealth-controlled entities and their records under the Archives Act 1983. This Act amends the Archives Act to refine the definitions of Commonwealth-controlled companies and associations and to clarify the status of their records when these entities cease to be authorities of the Commonwealth. Specifically, the Act introduces provisions that ensure certain records remain Commonwealth records even if the entity that created them ceases to be an authority of the Commonwealth. Furthermore, it exempts certain records from requiring the concurrence of the Director-General for their release, particularly those containing sensitive information about individuals involved in the National Witness Protection Program or confidential sources of information related to law enforcement activities. The policy objective of the Archives Amendment Act 1995 is to ensure the continuity and protection of Commonwealth records, particularly those containing sensitive or confidential information, while also providing flexibility in the management of records of entities that transition out of being Commonwealth authorities. The Act aims to balance the need for record-keeping continuity with the necessity to protect sensitive information and the safety of individuals involved in witness protection programs.

Scope and Application

The Archives Amendment Act 1995 amends the Archives Act 1983 to provide for the continuing treatment of Commonwealth records when a company or association that is an authority of the Commonwealth ceases to be such an authority. This Act applies to authorities, bodies, tribunals, and organisations, whether incorporated or unincorporated, established for a public purpose, and to Commonwealth-controlled companies and associations. These entities may include those that are not established for a public purpose or those that are prescribed under the definition of 'authority of the Commonwealth'. The Act also applies to records of companies or associations that cease to be authorities of the Commonwealth and the arrangements that the Archives may make with such companies or associations to manage their records. The Act does not apply to records containing information the release of which would endanger the safety of a person assessed for inclusion in the National Witness Protection Program or who has been a witness under that Program. The Act's provisions extend to Commonwealth-controlled companies or associations that are not authorities of the Commonwealth and to certain confidential sources of information in relation to the enforcement or administration of the law. The Act's application can be extended or restricted through subordinate instruments, such as regulations made under the Act.

Key Provisions

The Archives Amendment Act 1995 primarily amends the Archives Act 1983 by introducing several new definitions and provisions. It inserts new sections into the Principal Act (sections 3A and 3B) that clarify the status of authorities, bodies, tribunals, and organisations established for a public purpose, as well as Commonwealth-controlled companies and associations that are not authorities of the Commonwealth (section 3A). Another new section (section 3B) specifies that certain Commonwealth-controlled companies or associations are not considered authorities of the Commonwealth despite their status. Furthermore, a new section (section 28A) is inserted to address the records of companies or associations that cease to be authorities of the Commonwealth, ensuring continuity in record management. The Act also amends sections 29 and 33 of the Principal Act to exempt certain records from the requirement of the Director-General's concurrence and to expand the definition of a confidential source of information. The Act imposes several obligations and requirements on the entities it governs. Authorities, bodies, tribunals, or organisations established for a public purpose must comply with legislative provisions or regulations that expressly state their non-establishment for the purposes of the Act (section 3A). Commonwealth-controlled companies or associations must adhere to the criteria set forth in section 3B to determine their status relative to the Commonwealth. The Archives must make arrangements with companies or associations that cease to be authorities of the Commonwealth to manage their records in accordance with the provisions of the Principal Act (section 28A). Additionally, the Commissioner of the Australian Federal Police can make determinations regarding the release of certain records without requiring the concurrence of the Director-General (section 29(9)). The Archives Amendment Act 1995 outlines several civil and criminal consequences for breaches of its provisions. While the Act does not explicitly state penalties for non-compliance, the overarching Archives Act 1983 and related legislation may provide for penalties, which could include fines or imprisonment. For instance, unauthorised disclosure of Commonwealth records can result in substantial penalties under the Archives Act 1983. The specific penalties would depend on the nature and severity of the breach, as well as any relevant regulations or subsidiary legislation.

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Area of Law
Archives Law
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Repeal & Amendment
Offence Provisions
Compliance Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.