EXPLANATORY STATEMENT
Statutory Rules 1986 No. 31
Archives Regulations (Amendment)
(Issued under the authority of the Minister of State for Arts, Heritage and Environment)
Section 71 of the Archives Act 1983 (the Act) was amended by the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984 to allow the Australian Archives, as was intended when the Act was drafted, to levy charges for storage services such as retrieval, issue and inspection provided in relation to records of Commonwealth institutions listed in Schedule 2 of Archives Regulations (Statutory Rules 1984, No. 100), amended by Archives Regulations (Amendment) (Statutory Rules 1984, No. 290).
The Archives Regulations (Amendment) has been drafted as the result of the amendment to section 71 of the Act and will allow the Archives to resume levying those servicing charges, other than for transfer and storage, which have been in abeyance since the proclamation of the Act. The amendment to the regulations also expands Part II of Schedule 1 by designating the rate of servicing charges to be resumed.
Overview
The Archives Regulations (Amendment) 1986, issued under the authority of the Minister of State for Arts, Heritage and Environment, addresses a specific gap in the implementation of the Archives Act 1983. The Act was initially intended to allow the Australian Archives to levy charges for storage services such as retrieval, issue, and inspection of records of Commonwealth institutions, but these provisions were not fully operational upon the Act's enactment. The amendment to section 71 of the Archives Act 1983, facilitated by the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, enables the Australian Archives to resume levying charges for these services, excluding transfer and storage. The Archives Regulations (Amendment) 1986, therefore, facilitates the operationalisation of these provisions by designating the rates of the servicing charges to be resumed, thereby ensuring that the Archives can adequately fund its operations through service charges. The policy objective is to enable the Australian Archives to manage its resources more effectively by resuming the levying of charges for specific services.
Scope and Application
The Archives Regulations (Amendment) Statutory Rules 1986 No. 31 applies to the Australian Archives and pertains to the implementation of changes to the Archives Act 1983, specifically section 71. This amendment authorises the Australian Archives to levy charges for specific storage services provided in relation to records of Commonwealth institutions, as listed in Schedule 2 of the Archives Regulations. The geographic and jurisdictional reach of this legislation is confined to Commonwealth institutions within Australia, thereby impacting entities such as federal government departments and agencies. The amendment is designed to resume the levying of charges for services other than transfer and storage, which were suspended since the original proclamation of the Act. Any exclusions, exemptions, or thresholds are detailed in the Schedules of the Archives Regulations and may be further defined through subordinate instruments issued under the authority of the Minister of State for Arts, Heritage and Environment.
Key Provisions
The main sections of the Archives Regulations (Amendment) are integral to the operational framework of the Archives Act 1983, particularly in relation to section 71 of the Act, which has been amended to allow for the levying of charges for specific services. Section 71 now permits the Australian Archives to charge for services such as retrieval, issue, and inspection of records, as originally intended. These charges apply to records of Commonwealth institutions listed in Schedule 2 of the Archives Regulations, as amended by Statutory Rules 1984, No. 100 and further modified by Statutory Rules 1984, No. 290. The amendment also designates the rates for these servicing charges, thus bringing back into effect the ability to levy charges for services other than transfer and storage, which had been suspended since the inception of the Act.
The obligations imposed by these regulations on the parties involved are primarily administrative and financial. The Australian Archives are required to set and apply the designated rates for the specified services in accordance with the new provisions. Commonwealth institutions must comply with the charge structure as outlined in the amended regulations and ensure that their records are managed in a manner that allows for efficient service provision by the Archives. This includes maintaining records in a condition suitable for retrieval, issue, and inspection, which are now subject to specific charges. The regulations thus create a framework within which the Archives can operate and Commonwealth institutions must adhere to ensure smooth service delivery and compliance with legislative requirements.
The Archives Regulations (Amendment) also address the consequences of non-compliance with the new charge structures. While the specific offences and penalties are not detailed in the provided explanatory statement, it can be inferred that failure to comply with the specified service charges and associated regulations could result in legal repercussions. Given the legislative context, such breaches could potentially lead to administrative penalties or legal action against the non-compliant party, whether it be the Archives failing to enforce the charges correctly or the Commonwealth institutions not adhering to the prescribed service charges. The exact nature of these penalties would be guided by the overarching legislative provisions and any additional regulations or guidelines issued in conjunction with the Archives Act 1983.