Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Where a State record to which this subsection applies is deposited in the Archives Office, that record shall, unless the relevant authority otherwise directs or specifies in writing notified to the State Archivist, be deemed to be subject to a condition prohibiting the State Archivist from making the record available for inspection by members of the public.
(2) Subsection (1) applies to the following State records:
(a) a record that has been submitted to the State Cabinet for its consideration or is or was proposed by a Minister to be so submitted;
(b) an official record of the State Cabinet;
(c) a copy of, or of a part of, a record referred to in paragraph (a) or (b);
(d) a record that has been submitted to the State Executive Council for its consideration or is proposed by a Minister to be so submitted;
(e) an official record of the State Executive Council;
(f) a copy of, or of part of, a record referred to in paragraph (d) or (e).
(3) Subject to this section, where a relevant authority makes any State record available to the Archives Office, that authority may, by notice in writing given to the State Archivist –
(a) inform the State Archivist that the record contains information or matter, the disclosure or divulging of which is prohibited by any enactment other than a provision of this Act; or
(b) in a case where the record contains information or matter of a kind specified in subsection (4) – impose such conditions as the authority considers to be appropriate –
(i) prohibiting the State Archivist from making the record available for inspection by members of the public; or
(ii) restricting the persons or the class of persons to whom or to which the State Archivist may make the record available for inspection.
(4) The following kinds of information and matter are specified for the purposes of subsection (3)(b):
(a) information or matter the disclosure of which would involve the disclosure of any deliberation or decision of the State Cabinet, not being information or matter contained in a record by which a decision of the State Cabinet was officially published;
(b) information or matter the disclosure of which would involve the disclosure of any deliberation or advice of the State Executive Council, other than information or matter contained in a record by which an act of the Governor, acting with the advice of the Executive Council, was officially published;
(c) information or matter the disclosure of which would involve the disclosure of –
in the course of, or for the purposes of, bringing into existence a record of a kind to which subsection (1) applies;(i) any opinion, advice, or recommendation given, obtained, prepared, or recorded; or
(ii) any consultation or deliberation that has taken place –
(d) information or matter communicated in confidence or on behalf of the Government of the Commonwealth or of another country or State or of a Territory of the Commonwealth or a person receiving the communication on behalf of any such Government, the disclosure of which would constitute a breach of that confidence;
(e) information or matter the disclosure of which would prejudice relations between this State and the Commonwealth or between this State and another State or a Territory of the Commonwealth;
(f) information or matter the disclosure of which would have a substantial adverse effect on the financial or property interests of this State or of a State authority or a local authority;
(g) information or matter the disclosure of which would be reasonably likely to have a substantial adverse effect on the interests of this State or of a State authority or a local authority in or in relation to pending or likely legal proceedings;
(h) information or matter the disclosure of which would constitute a breach of confidence;
(i) information or matter the disclosure of which would –
(i) prejudice the enforcement or proper administration of the law in a particular case;
(ii) prejudice the fair trial of a person or the impartial adjudication of a particular case;
(iii) contrary to the public interest, disclose, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law;
(j) information or matter the disclosure of which would involve the unreasonable disclosure of information relating to the personal affairs of a person, including a deceased person;
(k) information or matter, including commercial or financial information, the disclosure of which would be likely to expose unreasonably todisadvantage the material interests of an industrial or trading business or undertaking.
(5) Where a person makes available to the Archives Office a record that is not a State record, that person may, by notice in writing given to the State Archivist, impose such conditions as he considers appropriate –
(a) prohibiting the State Archivist from making the record available for inspection by members of the public indefinitely or for such period as may be specified in the notice;
(b) restricting indefinitely or during such a period the persons or the class of persons to whom or to which the State Archivist may make the record available for inspection; or
(c) stipulating that the record shall not become the property of the Crown in right of Tasmania as provided by section 17.
(6) Any condition imposed under subsection (3)(b) or (5) in relation to a record may at any time be varied by the relevant authority or person concerned but not in such a way as to have retrospective effect or to impose any further prohibition or restriction in relation to the record, and a reference in this section to a condition shall be construed as including a condition that is varied under this subsection.
(7) Where, at the expiration of 25 years from and including the date on which a State record came into existence, the record is a State archive which is subject to a condition by virtue of subsection (1), the record shall cease to be subject to the condition unless, at or before the time when the record was deposited in the Archives Office, a condition was imposed under subsection (3)(b) –
(a) prohibiting the record from being made available for inspection by members of the public after the expiration of that period of 25 years; or
(b) restricting after that period the persons or class of persons to whom or to which the State Archivist may make the record available for inspection.
(8) Where a State record contains information or matter the disclosure or divulging of which is prohibited by an enactment other than a provision of this Act, that enactment shall, unless it expressly provides for the prohibition to extend beyond 25 years after the date on which the record came into existence or purports to over-ride this subsection, cease to have effect at the expiration of that period of 25 years.
(9) Where, at the expiration of 25 years from and including the date on which a record came into existence, the record is a State archive which is subject to a condition imposed under subsection (3)(b) or (5)(a) or (b), the record shall cease to be subject to the condition unless the contrary intention was expressed in writing at or before the time at which the record was received for deposit in the Archives Office.
(10) Every condition imposed under subsection (3)(b) in respect of a State record shall, notwithstanding anything expressed in the condition to the contrary, cease to have effect after the expiration of 75 years from and including the date on which the record came into existence.