Commonwealth Numbered Acts

Archives Act 1983 No. 79 of 1983 - SECT 35

35. (1) The Director-General, in consultation with the responsible Minister or
a person authorized by the responsible Minister, shall make arrangements for
determining the Commonwealth records in the open access period that are to be
treated by the Archives as being exempt records and may make arrangements for
determining the extent to which access in part to Commonwealth records
identified as exempt records may be given without disclosing the information
or matter by reason of which the records are exempt records.

(2) Except in the case of records exempted from transfer to the custody of
Archives by virtue of a determination under section 29, an examination of
records for the purposes of sub-section (1) shall be conducted on premises of
the Archives.

(3) The identification of records as exempt records in accordance with this
section shall be conducted in accordance with programs approved by the
Director-General and may take place before the records concerned become
records in the open access period.

(4) Determinations under sub-section (1) in respect of records identified as
exempt records shall be reviewed, in accordance with arrangements made as
referred to in that sub-section, at such intervals as the Director-General
thinks appropriate having regard to the nature of the records concerned and
any other relevant circumstances and whenever necessary for the purposes of
reconsideration of a decision in accordance with section 42.

(5) The functions of the Archives with respect to public access to
Commonwealth records in the open access period shall be performed in
conformity with the determinations made from time to time under this section,
except to the extent that any such determination is inconsistent with a
decision of the Tribunal on a review under this Act.