New South Wales Consolidated Acts

STATE RECORDS ACT 1998 - SECT 36A

36A Arrangements to facilitate copying, publication and access to State archives

(1) The Authority may enter into arrangements ( "access arrangements") under which the Authority is to provide a person (including a public office) with access to State archives for the purpose of enabling the person to make copies of State archives or publish or provide other persons with access to copies of State archives. Access arrangements can only relate to State archives that are open to public access under this Act.

(2) Access arrangements can be commercial arrangements (entitling the Authority to payment in connection with the operation of the arrangements) and can provide for the arrangements under which the person to whom the Authority gives access to State archives may make copies of State archives or publish or provide other persons with access to copies of State archives and arrangements under which the person may charge for publishing or providing access to copies of State archives.

(3) Access arrangements can include arrangements with a person outside the State and arrangements that provide for the publishing of and provision of access to copies of State archives outside the State.

(4) This section does not give the Authority power to override any right in the nature of copyright and does not give the Authority or any party to an access arrangement power to do anything that would be an infringement of copyright.

(5) If an access arrangement provides for the provision of access to copies of State archives to other persons by the person to whom access is provided by the Authority under the arrangement, section 62 (Protection from liability when access given) extends to the provision of access by that person pursuant to the arrangement in the same way as it applies to the giving of access to a record under this Act by an access provider.

(6) The Authority is taken to have always had the power conferred by this section.