Archives Regulations (Amendments) 1995 No. 260
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 260
Issued by the Authority of the Minister for Communications and the Arts
Archives Act 1983
Archives Regulations (Amendments)
Section 71 of the Archives Act 1983 provides in part that the Governor-General may make regulations for the purposes of the Act, including regulations in relation to charges for the provision of prescribed discretionary services for persons other than Commonwealth institutions. In accordance with s.71, Archives Regulations (Amendment) 11 of Statutory Rules 1990 No.393 enables the Archives to charge a person other than a Commonwealth institution for the provision of discretionary services. The charges for discretionary services are listed in Part 2 of Schedule 1 of the Archives Regulations.
It is considered appropriate to increase charges, remove some categories of chargeable services, and include a new category. The reasons for these amendments are set out as follows.
The charging rates for services were fast adjusted in 1991. The amendments are based on the annual Department of Finance deflator figures for adjusting the running costs of Commonwealth agencies from 1 July 1991 to 30 June 1994 together with the estimated figure for 1994-95. These have now accumulated to a 9.3% increase over the current level of charges. The overall increase in charges under the amendment is 10%. The increase will still mean that the Archives is operating on a partial cost recovery basis.
The amendment removes the charge for the use of containers for transport of records to the Archives and their subsequent storage. The Archives will now provide archival containers free of charge for records of long term value. This change is in accordance with the strategic direction of the Archives to devote more resources to higher value records and to accept limited classes of short term temporary value records into custody.
Items 16 - 20 of the existing Schedule are also removed. These items relate to the handling of and access to petroleum data records held by the Archives. Under arrangements entered into between the Archives and the Bureau of Resource Sciences, all services for these records except for storage space will be provided by the Bureau.
A new category has been added to the Schedule to cover the bulk withdrawal of records from custody for purposes other than for sentencing them to established retention periods. This category will allow partial recovery of costs associated with the physical handling and administrative tasks involved with such withdrawals.
The amendments to Part 2 of Schedule 1 of the Archives Regulations will ensure that charges for services to persons other than Commonwealth institutions may continue at appropriate rates for financial year 1995-96.
The proposed Regulations will commence on gazettal.
Overview
The Archives Regulations (Amendments) 1995 No. 260, issued under the authority of the Minister for Communications and the Arts, amends the Archives Regulations made under the Archives Act 1983. The primary objective of these amendments is to update the charges for discretionary services provided by the Archives to persons other than Commonwealth institutions to reflect current financial conditions and strategic priorities. This update is crucial to maintaining a partial cost recovery system, ensuring that the Archives can continue to operate efficiently while providing essential services. The amendments include an increase in the charges for certain services, the removal of charges for specific categories of services, and the introduction of a new category of chargeable services. These changes aim to streamline operations and focus resources on high-value records, aligning with the broader strategic goals of the Archives.
Scope and Application
The Archives Regulations (Amendments) 1995 No. 260 pertains to the adjustments of charges for the provision of discretionary services under the Archives Act 1983, specifically targeting persons other than Commonwealth institutions. These regulations are applicable to individuals and entities that engage with the Archives for services beyond those provided to Commonwealth institutions. The scope of these amendments includes increasing the fees for certain services, removing some categories of chargeable services, and introducing a new category for specific activities. The amendments are designed to reflect the financial reality and strategic direction of the Archives, ensuring that the fees remain on a partial cost recovery basis while allowing the Archives to focus resources on records of long-term value. The jurisdictional reach of these regulations is confined to the Commonwealth level, affecting those who utilise the Archives' services outside the government sector. The amendments will commence upon their gazette and will not include any stated exclusions or exemptions, other than those specified within the text of the regulation itself. Subordinate instruments may extend or further define the application of these amendments as necessary.
Key Provisions
The Archives Regulations (Amendments) 1995 No. 260, pursuant to Section 71 of the Archives Act 1983, introduces several amendments to the fees and charges for discretionary services provided to individuals and entities that are not Commonwealth institutions. Specifically, these amendments pertain to adjustments in the rates charged for certain services, removal of specific categories of services, and the introduction of a new category for certain record withdrawals. The amendments aim to reflect the updated running costs of Commonwealth agencies and align with the strategic direction of the Archives.
Under these regulations, the charges for discretionary services will be increased by 10%, reflecting a 9.3% adjustment based on the annual Department of Finance deflator figures from 1 July 1991 to 30 June 1994, along with an estimated figure for 1994-95. The new charges will still maintain the Archives' policy of partial cost recovery. Furthermore, the regulations will remove the charge for the use of containers for the transport and storage of records deemed to have long-term value, aligning with the Archives' strategic decision to provide these containers free of charge. Additionally, services related to the handling and access of petroleum data records, except for storage space, will be managed by the Bureau of Resource Sciences instead of the Archives.
These amendments impose specific obligations on the Archives and the entities it serves. The Archives must adjust its fee schedule to reflect the new rates and ensure compliance with the amended regulations. Entities that use the Archives' discretionary services must be aware of the new charges and any changes in service provisions. The Archives must also provide free archival containers for records of long-term value and coordinate with the Bureau of Resource Sciences for services related to petroleum data records.
Failure to comply with these regulations may result in civil or criminal consequences, though the specific penalties are not detailed in the explanatory statement. The penalties for breaches of regulations generally depend on the severity of the breach and are subject to the applicable laws and regulations. However, it is essential for the Archives and the governed entities to adhere to the amended regulations to avoid any potential legal repercussions.