Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Subject to this section, the State Archivist shall cause to be made available for public access all State archives that are not subject to conditions by virtue of section 15(1) or imposed under section 15(3)(b) or (5)(a) or (b) and that are not records of a kind referred to in section 15(3)(a).
(2) Where a State archive is required by subsection (1) to be made available for public access, any member of the public is, subject to this section, entitled to access to the archive in any one or more of the following forms:
(a) an opportunity to inspect the archive without charge;
(b) on payment of a fee determined in accordance with the regulations –
(i) in the case of an archive which is not a film or video, provision of a copy by way of sale; or
(ii) in the case of an archive which is a film or video, provision of a copy by way of sale, hire, lease or any other means determined by the State Archivist;
(c) in the case of an archive from which information or matter can be produced or made available in a particular form by means of a computer, projector, or other equipment, provision, on payment of a fee (if any) determined in accordance with the regulations, of access to that information or matter by the use of that equipment;
(d) in the case of an archive by which words are recorded in a manner in which they are capable of being reproduced in the form of sound or in which words are contained in the form of sound or in which words are contained in the form of shorthand writing or in codified form, an opportunity to take, in accordance with arrangements prescribed by the State Archivist, a recording or written transcript of the words recorded or contained in the archive.
(2A) The State Archivist may make a copy of a film or video available to a person under subsection (2)(b)(ii) on any terms and subject to any conditions the State Archivist considers appropriate.
(3) Where –
the State Archivist may decide that access to the archive is not to be provided in that form but is to be given in some other form.(a) the giving of access under this section to an archive in a particular form other than the form referred to in subsection (2)(a) would interfere unreasonably with the operation of the Archives Office or of a Government department, a State authority, or a local authority that has custody of the archive;
(b) the giving of access under this section to an archive in a particular form would not, having regard to the physical nature of the archive, be appropriate;
(c) the giving of access under this section to an archive in a particular form would be detrimental to the preservation of the archive; or
(d) the giving of access under this section to an archive in a particular form would involve an infringement of copyright subsisting in the archive, other than copyright owned by the Crown in right of this State –
(4) The State Archivist may, for the purpose of ensuring the safe custody and proper preservation of a State archive –
(a) determine reasonable conditions to which access to the archive is to be subject; or
(b) determine that the archive is to be withheld from public access.
(5) Where an archive is withheld in accordance with subsection (4), the State Archivist shall make a copy of the archive available unless in his opinion it is not practicable to do so without risk to the proper preservation of the archive.
(6) Where an archive has become available for public access in accordance with this section, any security classification applicable to the archive ceases to have effect.
(7) Where a public State record is deposited in the Archives Office and any member of the public would, if the record had not been so deposited, have had a right in relation to the record (including a right to take or obtain a copy of the record without charge), any person may exercise the same right in relation to that record as he could have exercised if the record had remained in its original custody.