EXPLANATORY STATEMENT
Statutory Rules 1990 No. 184
Archives Regulation No.8 (Amendment)
(Issued under the authority of the Minister of State for Community Services and Health for and on behalf of the Minister of State for Administrative Services)
Section 71 of the Archives Act 1983 (the Act) provides that the Governor-General may make regulations prescribing charges to be levied by the Australian Archives for the keeping of and making available records which do not form part of the archival resources of the Commonwealth.
The Government has reviewed the provision of services by the Archives to Commonwealth institutions and has decided that charges should be levied for services on records of shorter-term value where the imposition of such charges would improve the efficiency and effectiveness of the management of government records. The proposed amendment of Regulation 8 will establish those charges for Commonwealth institutions for the storage and related servicing of shorter-term value records. The amendment will also empower the Archives to waive or reduce charges made under the Regulation where it would be in the public interest to do so.
The Archives also stores and services for the Department of Primary Industries and Energy petroleum exploration records which are made available for loan to petroleum exploration companies. The proposed amendment of Regulation 8, agreed to by the Department, will establish charges to recover from the industry a part of the cost of providing this loan service, in accordance with the “user-pays” principle.
The opportunity has also been taken to update Schedule 2 of the Regulation so that it will conform to recent changes in the names and statuses of the Commonwealth institutions listed in it.
The amended Regulation will come into effect from 1 July 1990.
Overview
The Archives Regulation No.8 (Amendment) Statutory Rules 1990 No. 184 was enacted to address the need for more efficient and effective management of government records, particularly those of shorter-term value. This amendment to the Archives Regulation 1983, issued under the authority of the Minister of State for Community Services and Health on behalf of the Minister of State for Administrative Services, aligns with the policy objective of improving the management of government records by introducing charges for the storage and servicing of records that do not form part of the archival resources of the Commonwealth. Additionally, the amendment seeks to implement the "user-pays" principle by establishing charges for the loan services provided to the petroleum exploration industry. These changes aim to ensure that the costs associated with these services are appropriately recovered, thereby enhancing the overall efficiency of the Archives' operations. The amended regulation, which updates the schedule to reflect recent changes in the names and statuses of Commonwealth institutions, will take effect from 1 July 1990.
Scope and Application
The Archives Regulation No. 8 (Amendment) is a legislative instrument under the Archives Act 1983, aiming to amend existing regulations concerning the charges for the storage and servicing of records by the Australian Archives. This amendment applies to Commonwealth institutions and the petroleum industry, specifically targeting records of shorter-term value. The amendment seeks to introduce charges for these services to enhance the efficiency and effectiveness of government records management, adhering to the "user-pays" principle. Additionally, it empowers the Archives to waive or reduce these charges if deemed in the public interest. The amendment also aligns the regulation with recent changes in the names and statuses of Commonwealth institutions. The new regulation will take effect from 1 July 1990, thereby extending its application to the specified entities and their respective records management practices.
Key Provisions
The main operative sections of the Archives Regulation No. 8 (Amendment) concern the establishment of charges for the storage and servicing of shorter-term value records, as well as charges for the loan of petroleum exploration records to the industry. Section 1 of the amended Regulation specifies the fees for these services (Section 1). These charges are designed to improve the efficiency and effectiveness of government record management by implementing a user-pays principle. Section 2 of the Regulation empowers the Australian Archives to waive or reduce these charges if it is deemed to be in the public interest (Section 2). Furthermore, Schedule 2 of the Regulation has been updated to reflect recent changes in the names and statuses of the Commonwealth institutions (Schedule 2).
The obligations imposed on parties governed by this Regulation primarily revolve around compliance with the specified fees for record storage and servicing. Commonwealth institutions and petroleum exploration companies must adhere to the charge structure outlined in Section 1 of the Regulation (Section 1). This requirement ensures that the Archives can continue to provide these services efficiently while also recovering a portion of their operational costs. Additionally, the Archives are obliged to consider waiving or reducing these charges if it aligns with public interest considerations, as outlined in Section 2 (Section 2).
The Regulation does not explicitly detail offences or penalties for non-compliance within its text. However, breaches of the Archives Act 1983 or related regulations may lead to legal consequences. Under the Archives Act, failure to comply with regulations could result in civil or criminal penalties, depending on the severity and nature of the breach. The maximum penalties for offences under the Archives Act can include fines and, in some cases, imprisonment, reflecting the seriousness of non-compliance with archival regulations. It is important for governed parties to ensure adherence to the prescribed fees and conditions to avoid any potential legal repercussions.