Archives (Discretionary Service Charges) Determination 2014

Overview

The Archives (Discretionary Service Charges) Determination 2014 was made under section 69A of the Archives Act 1983, enabling the Director-General of the National Archives of Australia to impose charges for discretionary services provided to Commonwealth institutions. This Determination aims to establish the rates or amounts for such discretionary services, which are defined as acts performed by the Archives at a Commonwealth institution’s request, excluding those mandated by the Act or necessary for the proper performance of the Archives’ functions. The determination is legislative in nature, as per the Legislative Instruments Act 2003, and it does not require consultation as it is considered minor and specific to Commonwealth institutions. The Determination was issued without the need for a Regulatory Impact Statement, and it is compatible with human rights, as it does not raise any human rights issues. The instrument commences on the day following its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Archives (Discretionary Service Charges) Determination 2014 applies to Commonwealth institutions seeking discretionary services from the National Archives of Australia, such as specialised research or retrieval services that are not mandated by the Archives Act 1983 or necessary for the proper performance of the Archives' functions. This Determination sets out the charges applicable to these discretionary services provided to Commonwealth institutions. It is a legislative instrument made under section 69A of the Archives Act 1983 and is subject to the Legislative Instruments Act 2003. The Determination commenced on the day after its registration on the Federal Register of Legislative Instruments. Importantly, it does not apply to acts that the Archives is required to do by the Act or that are necessary for the proper performance of its functions, thereby excluding certain mandated or operational services from the scope of the charges. This Determination is confined to Commonwealth institutions within the national jurisdiction of Australia.

Key Provisions

The main operative sections of the Archives (Discretionary Service Charges) Determination 2014 (clauses 2 to 5) set out the name of the instrument (clause 1), the commencement date (clause 2), the authority under which it is made (clause 3), the definitions used (clause 4), and the charges for discretionary services (clause 5). Clause 5 is particularly significant as it specifies the actual charges for services deemed discretionary under the Archives Act 1983. This determination provides clarity on what services are subject to charges and at what rate, ensuring that there is a transparent fee structure for these services. The Determination imposes specific obligations on the National Archives of Australia and the Commonwealth institutions it serves. The National Archives of Australia must adhere to the rates and criteria set out in the Determination when providing discretionary services to Commonwealth institutions. These services must be clearly identified as discretionary, meaning they are not mandated by the Archives Act 1983 or necessary for the proper performance of the Archives' functions. Commonwealth institutions, on the other hand, must be aware of these charges and ensure they comply with the payment requirements when requesting such discretionary services. This transparency and adherence to the defined criteria help maintain a consistent and fair application of the service charges. Failure to comply with the provisions of the Archives (Discretionary Service Charges) Determination 2014 can lead to various consequences. Although specific offences are not detailed in the provided text, breaches of similar legislative instruments typically result in penalties. For instance, non-payment of charges or improper service requests could be considered administrative breaches. The exact penalties for such breaches are not stated in the text, but they could include fines or other administrative sanctions. It is important for both the Archives and Commonwealth institutions to understand and comply with these charges to avoid any potential repercussions.