Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A document shall not be deemed to be a document of an agency for the purposes of this Act by reason of its being:
(a) in the memorial collection within the meaning of the Australian War Memorial Act 1980 ;
(b) in the collection of library material maintained by the National Library of Australia;
(c) material included in the historical material in the possession of the Museum of Australia; or
(d) in the custody of the Australian Archives (otherwise than as a document relating to the administration of the Australian Archives);
if the document was placed in that collection, or in that custody, by or on behalf of a person (including a Minister or former Minister) other than an agency.
(2) For the purposes of this Act, a document that has been placed in the custody of the Australian Archives, or in a collection referred to in subsection (1), by an agency shall be deemed to be in the possession of that agency or, if that agency no longer exists, the agency to the functions of which the document is most closely related.
(3) Despite subsections (1) and (2):
(a) records of a Royal Commission that are in the custody of the Australian Archives are, for the purposes of this Act, taken to be documents of an agency and to be in the possession of the Department administered by the Minister administering the Royal Commissions Act 1902 ; and
(b) records of the Commission of inquiry that are in the custody of the Australian Archives are, for the purposes of this Act, taken to be documents of an agency and to be in the possession of the Department administered by the Minister administering the Quarantine Act 1908 .
(4) Nothing in this Act affects the provision of access to documents by the Australian Archives in accordance with the Archives Act 1983 .
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