Tasmanian Consolidated Acts

ARCHIVES ACT 1983 - SCHEDULE 1

SCHEDULE 1 - Savings and Transitional Provisions

Section 30(2)

1. Interpretation

In this Schedule, except in so far as the context or subject-matter otherwise indicates or requires –

"Board" means the Tasmanian Library Advisory Board constituted under the Libraries Act 1984;

"the repealed Act" means the Archives Act 1965.

2. Principal Archivist to become State Archivist

On the commencement day, the person who was, immediately before that day, holding office as Principal Archivist shall be deemed to have been appointed as State Archivist for the purposes of this Act.

3. Other employees employed in the Archives Office

Any person who was, immediately before the commencement day, employed under section 4 of the repealed Act as an officer (other than as Principal Archivist) or as a clerk or servant shall be deemed on and from that day to be an officer or, in the case of a clerk or servant, an employee employed for the purposes of this Act.

4. Transfer of control of archives to State Archivist

      (1) All State records and other materials which were, immediately before the commencement day, deposited in the Archives Office or with the Principal Archivist shall, on and after that day, become the responsibility of the State Archivist subject to this Act and be deemed to be in his custody.

      (2) Where a State record deposited in the Archives Office is not already the property of the Crown immediately before the commencement day, the following provisions apply in respect of the record:

(a) if the record came into existence 25 or more years before that day – the record shall become the property of the Crown on that day;

(b) if the record came into existence less than 25 years before that day – the record shall become the property of the Crown at the expiration of 25 years from and including the date on which it came into existence.

      (3) Where any materials (other than State records) deposited in the Archives Office are not already the property of the Crown immediately before the commencement day, those materials shall, subject to any stipulation or agreement to the contrary imposed or made at or before the time at which they were received for deposit in the Archives Office, become the property of the Crown on that day.

5. Seal

Where any seal was provided under section 5 of the repealed Act, that seal may continue to be used for the purposes of this Act.

6. Indexes, &c.

All indexes and guides to, and calendars and texts of, records and other materials in the Archives Office which were compiled or made available under section 6 of the repealed Act shall be deemed to have been compiled or made available under and for the purposes of this Act.

7. Publications

Any publication prepared by the Board under and in accordance with section 6 of the repealed Act shall be deemed to have been prepared by the State Archivist under and in accordance with this Act.

8. Conditions imposed by Board

Where any conditions imposed by the Board under section 6 (2) (d) of the repealed Act were in force immediately before the commencement day, those conditions shall be deemed to be conditions imposed under section 18(4) of this Act.

9. Copies of materials authenticated by Board

Any copies of materials in the State Archives which were made and authenticated by the Board under section 6 (2) (e) of the repealed Act shall be deemed to have been made and authenticated by the State Archivist under section 8(2)(d) of this Act.

10. Arrangements entered into by Board

Any arrangements entered into by the Board under the repealed Act shall, unless terminated before the commencement day, be deemed to have been arrangements entered into by the State Archivist under this Act.

11. Notices

      (1) Any notice given under or for the purposes of the repealed Act which could have been given or made under or for the purposes of this Act and which has not ceased to have effect before the commencement day shall be deemed to have been given under or for the purposes of this Act as if this Act had been in force when the notice was given.

      (2) For the purposes of applying subclause (1) to a notice given by or to the Board under or for the purposes of the repealed Act, that notice shall be deemed to have been given by or to the State Archivist.

12. Condition imposed by head of department, &c.

Where any condition imposed by the head of a department under section 7 (7) of the repealed Act had not ceased to have effect before the commencement day, that condition shall continue to have effect as if it had been imposed by the relevant authority under section 15(3)(b) of this Act.

13. Certificates, &c., given by Board

Where any certificate given by the Board under the repealed Act is admissible in evidence in legal proceedings or it was provided by that Act that such a certificate is to be prima facie evidence of any matter, that certificate shall continue to have effect and be so admissible or, as the case may be, to be prima facie evidence of that matter notwithstanding the repeal of that Act.

14. Applications to Court

Where an application under section 16 or 17 of the repealed Act is pending immediately before the commencement day, that application may be dealt with as if that Act had not been repealed and as if a reference in those sections to the Board were a reference to the State Archivist.

15. Injunctions

Where an injunction is, immediately before the commencement day, in force under section 18 of the repealed Act, that injunction shall continue in force as if that Act had not been repealed.

16. Claims for compensation

Where an application or complaint under section 19 of the repealed Act is pending immediately before the commencement day, that application or complaint may be dealt with as if that Act had not been repealed and as if a reference in that section to the Board were a reference to the Minister and the words "with the approval of the Minister" in subsection (1) of that section were omitted.

17. Gifts, &c., accepted by Board

Where, in accordance with section 20 of the repealed Act, the Board acquired by gift inter vivos or mortis causa or by bequest or devise any real or personal property subject to a condition and that condition had not ceased to have effect before the commencement day, that condition shall continue to have effect as if it had been agreed to by the Minister under section 9 of this Act.