Archives Regulations (Amendments) 1991 No. 159
EXPLANATORY STATEMENT
Statutory Rules 1991 No. 159
Archives Regulations (Amendments)
Issued under the authority of the Minister of State for Administrative Services
Section 71 of the Archives Act 1983 provides in part that the GovernorGeneral 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.
Schedule 1 Part 2 of the current Regulations details the discretionary services provided and the current rates of charges levied on persons other than Commonwealth institutions.
Although the Archives operates on a partial cost recovery basis only, the rates of charges are related to costs. The amendments proposed to the rates of charges in the schedule will increase charges in line with more accurate cost data and the past year's inflation rate. The overall increase in charges is 6%.
Two additional items are included in the proposed amendments to the schedule. The first of these is the inclusion of an additional category in the schedule for the serviced storage of unsentenced records (item 10). As a further implementation of the Government's 1988 decision this is intended to be an incentive for users of the service to formulate and implement sentencing programs for their records. Records which have not been sentenced may be stored indefinitely, thus incurring frequently needless costs to the Commonwealth. ("Sentencing" is the process of classifying records according to the period for which each record is to be kept.)
The second addition is the inclusion of a charge for the destruction of records (item 15). This will bring the charges into line with discretionary services for which Commonwealth institutions are charged.
The proposed amendments to Schedule 1 Part 2 of the Archives Regulations will ensure that the charges for services to persons other than Commonwealth institutions may continue for financial year 1991-92 at appropriate rates.
The Minute recommends that Regulations be made in the form proposed.
Overview
The Archives Regulations (Amendments) 1991 No. 159, issued under the authority of the Minister of State for Administrative Services, were enacted to amend the existing Archives Regulations and address the need for updated charge rates for discretionary services provided by the Archives to entities other than Commonwealth institutions. These amendments were made in accordance with Section 71 of the Archives Act 1983, which empowers the Governor-General to make regulations for the purposes of the Act, including the regulation of charges for discretionary services. The amendments respond to the need for more accurate cost data and to align the charge rates with the past year's inflation rate, resulting in an overall increase of 6%. Furthermore, the amendments introduce two additional categories of charges: one for the serviced storage of unsentenced records, aimed at incentivising record sentencing programs, and another for the destruction of records, aligning these charges with those applicable to Commonwealth institutions. These changes ensure that the service charges for non-Commonwealth entities remain appropriate for the financial year 1991-92.
Scope and Application
The Archives Regulations (Amendments) 1991 No. 159 amends the existing Archives Regulations under the authority of the Minister of State for Administrative Services, in accordance with Section 71 of the Archives Act 1983. These amendments apply to persons other than Commonwealth institutions, affecting the charges levied for discretionary services provided by the Archives, which operate on a partial cost recovery basis. The amendments increase the charges by 6% to align with more accurate cost data and the past year's inflation rate. Furthermore, the amendments introduce new charges for the serviced storage of unsentenced records and for the destruction of records, aiming to encourage better record management practices and align fees with those charged to Commonwealth institutions. These changes ensure the continued appropriateness of service charges for financial year 1991-92.
Key Provisions
The main operative sections of the Archives Regulations (Amendments) 1991 No. 159 pertain to the adjustments in charges for discretionary services provided by the Archives, as outlined in Schedule 1 Part 2 (item 1). These amendments are essential to align the cost of services with more accurate cost data and inflation rates, ensuring the financial sustainability of the service provided. Specifically, the amendments propose an overall increase of 6% in the rates of charges for services provided to persons other than Commonwealth institutions. Furthermore, the amendments introduce two new categories of services: one for the serviced storage of unsentenced records (item 10) and another for the destruction of records (item 15).
The Archives Regulations (Amendments) impose obligations on parties or entities using the discretionary services of the Archives, requiring them to adhere to the updated rates of charges as stipulated in Schedule 1 Part 2 (item 1). This includes the new charge for the serviced storage of unsentenced records, which is intended to encourage users to implement sentencing programs for their records. Additionally, users are now subject to charges for the destruction of records, aligning with the fees charged to Commonwealth institutions. These amendments ensure that all parties using the Archives' discretionary services are aware of and comply with the new financial requirements.
The Archives Regulations (Amendments) do not explicitly outline specific offences, penalties, or consequences for non-compliance with the new charges. However, non-compliance with the updated rates and new service charges could result in disputes over the cost of services provided, potentially leading to financial discrepancies. While the regulations themselves do not detail penalties, it is expected that any financial disputes would be resolved through the standard administrative processes or legal avenues available under the Archives Act 1983. The amendments aim to maintain the financial integrity of the service by ensuring that charges reflect the actual costs incurred by the Archives.