EXPLANATORY STATEMENT
Statutory Rules 1984 No. 290
Archives Regulations (Amendment)
(Issued under the authority of the Minister of State for Home Affairs and Environment)
Archives Regulations (Statutory Rules 1984, No. 100) which were made on 6 June 1984, inter alia prescribe charges to apply to a Commonwealth institution in respect of the keeping of records of that institution. Schedule 2 of the regulations lists those Commonwealth institutions to which such charges may be applied.
The Archives Regulations (Amendment) has been drafted as the result of a review of Schedule 2. Three Commonwealth institutions which were omitted from Schedule 2 are now listed and two which should not have been included have been deleted.
Overview
The Archives Regulations (Amendment) Statutory Rules 1984 No. 290, enacted to address discrepancies in the archival record-keeping charges applied to Commonwealth institutions, was introduced by the Minister of State for Home Affairs and Environment. This amendment was necessitated by a review which identified certain institutions that had been erroneously omitted or included in the original Schedule 2 of the Archives Regulations 1984. By rectifying these oversights, the amendment aims to ensure that the correct institutions are subject to the prescribed charges for the maintenance of their records, thereby achieving a more accurate and equitable application of archival management policies across Commonwealth entities.
Scope and Application
The Archives Regulations (Amendment) Statutory Rules 1996, No. 290 pertains to the amendment of the Archives Regulations, originally established in 1984, with the aim of updating the list of Commonwealth institutions subject to specific charges for the keeping of records. This legislative amendment applies to certain Commonwealth institutions that are involved in record-keeping activities and is within the jurisdictional reach of the Commonwealth of Australia. The regulation specifies which institutions are subject to these charges by amending Schedule 2, ensuring that the list accurately reflects the institutions that should be included. The amendment process involves the addition of three institutions that were previously omitted and the removal of two institutions that were erroneously included. The application of these charges is governed by the rules laid out in the amended regulation, and any further specification or restriction of these applications may be extended or detailed through subordinate instruments issued under the authority of the relevant minister.
Key Provisions
The Archives Regulations (Amendment) Statutory Rules 1984 No. 290, which amend the existing Archives Regulations (Statutory Rules 1984, No. 100), introduce specific changes to the list of Commonwealth institutions subject to charges for record-keeping (Schedule 2). The primary sections involved in this amendment are Sections 3 and 4, which detail the changes to the institutions listed in the original Schedule 2. Section 3 of the amendment adds three Commonwealth institutions to the list, ensuring that these entities will now be subject to the prescribed charges for record-keeping. Section 4, on the other hand, removes two institutions from the list, clarifying that these entities are no longer required to pay such charges.
The obligations and requirements imposed by the Archives Regulations (Amendment) primarily revolve around ensuring that the correct Commonwealth institutions are subject to the prescribed charges. By amending Schedule 2, the Regulations aim to accurately reflect the entities that should be liable for record-keeping charges. This amendment necessitates that the institutions newly included in the Schedule begin to comply with the financial obligations associated with record-keeping, while those removed from the Schedule are no longer subject to these charges. The amendment also requires relevant authorities to update their records and processes to reflect these changes, ensuring that the correct institutions are charged or exempted as appropriate.
The Archives Regulations (Amendment) Statutory Rules 1984 No. 290 do not introduce new offences, penalties, or civil/criminal consequences. Instead, they serve to correct the application of existing charges by amending the list of Commonwealth institutions subject to these charges. However, any institution that fails to comply with the updated requirements may face administrative actions or penalties as outlined in the original Archives Regulations. These could include fines or other enforcement measures if an institution continues to be charged or exempted incorrectly following the amendment. The specific penalties for non-compliance would be determined based on the provisions of the original Archives Regulations, which may involve fines or other administrative sanctions for incorrect application of charges.