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TASMANIA
__________
ARCHIVES AMENDMENT BILL 2004
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - ARCHIVES ACT 1983 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 7 amended (Appointment of State Archivist, &c.)
6. Section 8 amended (Responsibilities and powers of State
Archivist)
7. Section 9 amended (Power to accept gifts, &c.)
8. Section 10 amended (Preservation of State records)
9. Section 10A inserted
10A. State Archivist may issue guidelines
10. Section 11 amended (Transfer of State records to
Archives Office)
11. Section 13 amended (Compensation)
12. Section 16 amended (Certain persons prohibited from
disclosing or divulging contents of certain records)
13. Section 20 amended (Disposal, destruction, &c., of State
records)
[Bill 53]-VI
PART 3 - GOVERNMENT BUSINESS ENTERPRISES
ACT 1995 AMENDED
14. Principal Act
15. Section 112 repealed
2
ARCHIVES AMENDMENT BILL 2004
(Brought in by the Minister for Education, the Honourable
Paula Catherine Wriedt)
A BILL FOR
An Act to amend the Archives Act 1983 and the
Government Business Enterprises Act 1995
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 - PRELIMINARY
Short title
1. This Act may be cited as the Archives Amendment Act
2004.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
[Bill 53] 3
s. 3 No. Archives Amendment 2004
PART 2 - ARCHIVES ACT 1983 AMENDED
Principal Act
3. In this Part, the Archives Act 1983* is referred to as the
Principal Act.
Section 3 amended (Interpretation)
4. Section 3 of the Principal Act is amended as follows:
(a) by omitting the definition of "local authority"
from subsection (1) and substituting the
following definition:
"local authority" means any -
(a) council; or
(b) body corporate established
by or under an Act or in the
exercise of prerogative
rights of the Crown and
having jurisdiction limited
to a district, locality or part
of the State;
(b) by omitting the definition of "State authority"
from subsection (1) and substituting the
following definition:
"State authority" means a body, an
authority, a royal commission or a
board of enquiry, that is not a
Government department or a local
authority, whether that body,
*No. 76 of 1983
4
2004 Archives Amendment No. s. 4
authority, royal commission or
board is incorporated or not, and
that is established or constituted
by or under an Act or in the
exercise of prerogative rights of
the Crown where -
(a) that body, authority, royal
commission or board, or its
governing authority, wholly
or partly comprises a person
appointed by the Governor,
a Minister or another State
authority; or
(b) the Crown has a controlling
interest, or is a major
shareholder, in that body,
authority, royal commission
or board;
(c) by inserting "or" after "record;" in paragraph
(a) of the definition of "State record" in
subsection (1);
(d) by omitting "authority -" from paragraph (c) of
the definition of "State record" in subsection
(1) and substituting "authority; or";
(e) by inserting the following paragraph after
paragraph (c) in the definition of "State
record" in subsection (1):
(d) any other record that was at any
time a record mentioned in
paragraph (a), (b) or (c) -
(f) by omitting subsection (4).
5
s. 5 No. Archives Amendment 2004
Section 7 amended (Appointment of State Archivist,
&c.)
5. Section 7(1) of the Principal Act is amended by omitting
"may" and substituting "is to".
Section 8 amended (Responsibilities and powers of
State Archivist)
6. Section 8 of the Principal Act is amended as follows:
(a) by omitting from subsection (1)(a) "archives;"
and substituting "archives; and";
(b) by omitting from subsection (1)(b) "archives;"
and substituting "archives; and";
(c) by omitting from subsection (1)(d) "Act." and
substituting "Act; and";
(d) by inserting the following paragraph after
paragraph (d) in subsection (1):
(e) making and issuing guidelines in
respect of any matter relating to
the making and the keeping of
State records.
(e) by omitting from subsection (2) "is empowered
to do all such things as appear to him to be
necessary or expedient for ensuring the proper
functioning of the Archives Office and may,
without limiting the generality of the
foregoing -" and substituting "has power to do
all things necessary or convenient to be done
for or in connection with, or incidental to, the
performance of his or her functions and, in
particular, has power to do the following:";
6
2004 Archives Amendment No. s. 7
(f) by omitting paragraph (a) from subsection (2)
and substituting the following paragraphs:
(a) provide facilities for access to the
State archives;
(ab) provide systems, including indexes
and guides, to enhance the
accessibility of the State archives;
(g) by omitting from subsection (2)(f) "purposes;
and" and substituting "purposes;";
(h) by inserting in subsection (5) ", and provision
of access to," after "care of";
(i) by omitting subsections (7) and (8).
Section 9 amended (Power to accept gifts, &c.)
7. Section 9(2) of the Principal Act is amended by omitting
"equity" and substituting "law".
Section 10 amended (Preservation of State records)
8. Section 10 of the Principal Act is amended as follows:
(a) by omitting subsection (1) and substituting the
following subsection:
(1) The relevant authority -
(a) is to keep proper records in respect
of the business of the Government
department, State authority or
local authority for which the
relevant authority is responsible;
and
7
s. 9 No. Archives Amendment 2004
(b) is to cause all such records to be
preserved and accessible until
they are dealt with in accordance
with this Act; and
(c) may, in the name of the
Government department, State
authority or local authority, take
legal proceedings for the recovery
of any such records if the relevant
authority no longer has legal
custody of them.
(b) by omitting from subsection (2)(c) ",
organization, and preservation".
Section 10A inserted
9. After section 10 of the Principal Act, the following
section is inserted in Division 1:
State Archivist may issue guidelines
10A. (1) The State Archivist may, by written
instrument, issue guidelines to a relevant authority
in respect of any matter relating to the making and
the keeping of State records.
(2) The State Archivist may, by written
instrument, amend or revoke the guidelines.
(3) It is the duty of the relevant authority to
take all reasonable steps to ensure that the
guidelines are complied with.
8
2004 Archives Amendment No. s. 10
Section 11 amended (Transfer of State records to
Archives Office)
10. Section 11 of the Principal Act is amended by
inserting after subsection (2) the following subsection:
(2A) If the State Archivist grants an
exemption under subsection (2), the State Archivist
may also require the relevant authority to meet any
conditions that the State Archivist considers
appropriate in respect of the management of, and
the provision of access to, the State records that are
the subject of the exemption.
Section 13 amended (Compensation)
11. Section 13 of the Principal Act is amended by
inserting after subsection (1) the following subsection:
(1A) In determining if an amount is fair and
reasonable for the purposes of subsection (1), the
Minister may -
(a) take into consideration any one or more
of the following matters:
(i) the price usually paid by an
archival institution, a library or
any other public institution
collector for similar records;
(ii) the condition of the State records;
(iii) the present or potential future
value of the State records for
research;
(iv) the importance of the State
records, in the context of other
9
s. 12 No. Archives Amendment 2004
records already held or sought by
the State Archivist;
(v) the expenses incurred by the
person who had possession or
control of the State records
immediately before the records
came into the possession of the
State Archivist; and
(b) obtain the opinion of a valuer, appointed
under the Income Tax Assessment Act
1997 of the Commonwealth, as to the
likely value of the State records.
Section 16 amended (Certain persons prohibited
from disclosing or divulging contents of certain
records)
12. Section 16(4) of the Principal Act is amended as
follows:
(a) by omitting paragraph (d);
(b) by omitting paragraph (f) and substituting the
following paragraph:
(f) a person who is or who was
employed in the department,
whether before, on or after the
commencement day.
Section 20 amended (Disposal, destruction, &c., of
State records)
13. Section 20 of the Principal Act is amended as follows:
10
2004 Archives Amendment No. s. 13
(a) by omitting from subsection (1)(a) "of;" and
substituting "of a State record; or";
(b) by omitting from subsection (1)(b) "of;" and
substituting "of a State record; or";
(c) by inserting in subsection (1)(c) "a State
record" after "ownership of";
(d) by inserting the following paragraph after
paragraph (c) in subsection (1):
(ca) refuse to provide the State
Archivist with the full name and
residential address of the person
for whom that person is acting as
an agent in an arrangement under
paragraph (b) or (c) for the
transfer of a State record; or
(e) by omitting from subsection (1)(d) "alter -"
and substituting "alter a State record.";
(f) by omitting from subsection (1) "a State
record.";
(g) by omitting subsections (3) and (4).
11
s. 14 No. Archives Amendment 2004
PART 3 - GOVERNMENT BUSINESS
ENTERPRISES ACT 1995 AMENDED
Principal Act
14. In this Part, the Government Business Enterprises Act
1995* is referred to as the Principal Act.
Section 112 repealed
15. Section 112 of the Principal Act is repealed.
*No. 22 of 1995
12 Government Printer, Tasmania