Commonwealth Numbered Acts

Archives Act 1983 No. 79 of 1983 - SECT 45

45. (1) Where, in considering a question referred to in sub-section 44 (5) or
(6) in relation to a record in respect of which a certificate has been given,
the Tribunal determines that there do not exist reasonable grounds for the
claim to which the question relates, the appropriate Minister shall, not later
than 28 days after the determination of the Tribunal is communicated to him,
make a decision-

   (a)  to revoke the certificate; or

   (b)  not to revoke the certificate.

(2) Where a Minister makes a decision under sub-section (1) to revoke a
certificate-

   (a)  in a case where the certificate was given under sub-section 34 (1)-the
        claim that the record to which the certificate relates is an exempt
        record shall be taken, for the purposes of this Act, to have been
        withdrawn; and

   (b)  in a case where the certificate was given under sub-section 34 (3)-the
        Minister shall, forthwith upon the revocation of the certificate,
        inform the applicant of the existence or non-existence of the record
        to which the certificate relates.

(3) Where a Minister makes a decision under sub-section (1) not to revoke a
certificate, he shall-

   (a)  cause notice in writing of the decision to be furnished to the
        applicant forthwith; and

   (b)  cause a copy of the notice to be laid before each House of the
        Parliament within 5 sitting days of that House after the notice is so
        furnished.

(4) A notice under sub-section (3) shall state the findings of the Minister
giving the notice on any material question of fact, the material on which
those findings were based, and the reasons for the decision.

(5) A Minister is not required to include in a notice under sub-section (3)
matter that is of such a nature that its inclusion in another record would
cause that other record to be an exempt record under section 33.

(6) A Minister is not required to include in a notice under sub-section (3)
information as to the existence or non-existence of a record or the existence
or non-existence of a state of fact if that information would, if included in
another record, cause that other record to be an exempt record under section
33.

(7) Section 13 of the Administrative Decisions (Judicial Review) Act 1977 does
not apply to a decision of the Minister under this section.

(8) Nothing in this section shall be taken to imply that a certificate under
section 34 may not be revoked otherwise than in pursuance of a decision under
sub-section (1).
         (9) For the purposes of this section, ''appropriate Minister'', in
relation to a record in respect of which a certificate has been given under
section 34, means the Minister who gave, or whose delegate gave, the
certificate.