Archives Regulations (Amendment) 1998 No. 273
EXPLANATORY STATEMENT
Statutory Rules 1998 No. 273
Archives Regulations (Amendment)
(Issued under the authority of the Minister of State for Communications, the Information Economy and the Arts
Section 71 of the Archives Act 1983 (the Act) provides for the Governor-General to make regulations for the purposes of the Act, including regulations in relation to charges imposed by the National Archives of Australia (the Archives). These include charges for providing a copy of a record pursuant to the granting of access to a record under paragraph 36 (2) (b) of the Act, for providing a copy of the Australian National Guide to Archival Material or part of the Guide under subsection 66(6) of the Act and for providing discretionary services to persons other than Commonwealth institutions.
The Regulations amend the provisions for charging for copying and discretionary services in the Archives Regulations (the Principal Regulations). For copying charges, the changes involve rephrasing certain items and charges to allow for greater flexibility in charging for different products. For the provision of discretionary services, the changes increase charges for all but two items and include an additional item. A discretionary service is one that the Archives has power to provide but that it is not required to provide for the proper performance of its functions.
The current copying charges are listed in Schedule 1 Part 1 and Part 1A to the Regulations. There is a fixed rate of charge for photocopies while for other types of copies the charge is stated as an amount equal to or less than the cost incurred by the Archives in providing the copy. It is proposed that all charges for copying now be expressed as an amount equal to or less than the cost to the Archives of giving the copy. This would make it possible to charge appropriately for non-standard copying, for example for non-standard sizes, colour or bulk copying. The uniform wording for the charging rate for all types of copies also removes the need for Schedule 1 Part 1 and Part 1A of the Principal Regulations since it can be expressed within the body of Regulation 11.
The current charges in Schedule 1 for providing discretionary services are based on 1994-95 costs. The Department of Finance and Administration's Wage Cost indexes indicating adjustments required to Commonwealth running costs for 1995-96 and 1996-97 were 1.7% and 2.1 % respectively. An increase of at least 2.2% is forecast for 1997-98. An increase of 10% in charges would cover these increases and still be within competitive market limits. Accordingly, the increased charges are based on a 10% increase. The increase will still mean that the Archives is operating on a partial cost recovery basis, as required by Government.
An exception to the above increases is made for the charges for Items 16 and 17 relating to training. These are already high in comparison with the prevailing prices in the market, so they remain unchanged.
An additional item in the schedule providing for a charge for supplying archival containers is included. The Archives currently provides these containers free of charge to clients using its storage services. It is considered that charging for containers will act as a discipline on clients to limit the number they request and be a saying to Government and a benefit to the environment. The charge that the Archives would make could vary depending on the type, size and number supplied, so the charge is expressed as an amount equal to or less than the cost to the Archives.
The amendments ensure that charges for services to persons other than Commonwealth institutions may continue at appropriate rates for financial year 1998-99.
The regulations commence on gazettal.
Overview
The Archives Regulations (Amendment) 1998 No. 273, issued under the authority of the Minister of State for Communications, the Information Economy and the Arts, addresses a gap in the flexibility and relevance of the charging mechanisms for copying and discretionary services provided by the National Archives of Australia. These amendments were necessary to ensure that the Archives could appropriately charge for different types of copies, including non-standard sizes, colour, or bulk copying, while also maintaining a partial cost recovery basis as required by the Government. The amendments introduce a uniform wording for the charging rates for all types of copies and increase the charges for most discretionary services by 10%, reflecting the cost increases experienced since the last update in 1994-95. Exceptions were made for certain training services, which remain unchanged due to their already high market rates. Additionally, the amendments introduce a charge for the supply of archival containers, which were previously provided free of charge, to encourage more efficient use of resources and to benefit the environment. These changes aim to ensure that the Archives can continue to operate effectively and sustainably.
Scope and Application
The Archives Regulations (Amendment) 1998 No. 273 applies to the National Archives of Australia, which operates under the auspices of the Archives Act 1983. These regulations specifically address the fees imposed by the Archives for various services, including the provision of copies of archival materials and discretionary services to individuals and entities outside of Commonwealth institutions. The changes pertain to the flexibility and adjustment of charges to reflect current costs and market conditions, ensuring that the National Archives can operate on a partial cost recovery basis as mandated by the government. The regulations apply nationally across Australia, affecting all those who seek to access or obtain services from the Archives. Notably, there are exceptions for certain training-related services, which are not subject to the general increase in fees. The amendments ensure that the fees for services remain competitive and sustainable, while also introducing a charge for archival containers to encourage responsible usage and environmental benefits.
Key Provisions
The Archives Regulations (Amendment) 1998 No. 273, issued under the authority of the Minister of State for Communications, the Information Economy and the Arts, amend the Archives Regulations 1998 in respect of charging for copying and discretionary services. The primary changes include rephrasing certain items and charges for copying to allow for greater flexibility in charging for different products, and increasing charges for the provision of discretionary services with a few exceptions. Additionally, an extra charge is introduced for the supply of archival containers.
Under these regulations, the National Archives of Australia (the Archives) are granted greater flexibility in charging for copies of records, allowing for different types of copies to be charged at an amount equal to or less than the cost incurred by the Archives. This change removes the need for Schedule 1 Part 1 and Part 1A of the Principal Regulations since the charging rate for all types of copies can be expressed within the body of Regulation 11. The amendments also include an additional item in the schedule for charging for the supply of archival containers, which the Archives currently provides free of charge. This change is intended to act as a discipline on clients to limit the number of containers they request and to benefit the environment.
The obligations imposed by these regulations require the Archives to continue charging for services to persons other than Commonwealth institutions at appropriate rates for financial year 1998-99. For discretionary services, an increase of 10% in charges is implemented to cover increases in Commonwealth running costs. However, charges for items 16 and 17 relating to training are not increased, as they are already high in comparison to prevailing market prices.
Breaches of these regulations may result in civil or criminal consequences, depending on the nature of the violation. The specific offences, penalties, and consequences are not outlined in the explanatory statement, but they would be governed by the relevant provisions of the Archives Act 1983 and any applicable laws pertaining to the administration and enforcement of the regulations. It is important to note that failure to comply with the regulations may result in financial penalties or other legal repercussions for the Archives or any party subject to the regulations.