Commonwealth Numbered Acts

Archives Act 1983 No. 79 of 1983 - SECT 39

39. (1) Nothing in this Act shall be taken to require the Archives to give
information as to the existence or non-existence of a record where information
as to the existence or non-existence of that record, if included in a
Commonwealth record, would cause that last-mentioned record to be an exempt
record by virtue of paragraph 33 (1) (a), (b) or (e).

(2) Where an application to the Archives for access to a record relates to a
record that is, or if it existed would be, of a kind referred to in
sub-section (1), the Archives may give notice in writing to the applicant that
the Archives neither confirms nor denies the existence, as a Commonwealth
record, of such a record but that, assuming the existence of such a record, it
would be an exempt record, and, where such a notice is given-

   (a)  section 40 applies as if the decision to give such a notice were a
        decision referred to in that section; and

   (b)  the decision to give the notice shall, for the purposes of Division 4,
        be deemed to be a decision of the Archives refusing to grant the
        applicant access to the record on the ground that the record is an
        exempt record under paragraph 33 (1) (a), (b) or (e), as the case may
        be.