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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
State Records (Consequential Provisions)
Bill 1999
A Bill for
An Act to amend various Acts and enact transitional provisions as a
consequence of the enactment of the State Records Act 1999.
The Parliament of Western Australia enacts as follows:
page 1
84--1
State Records (Consequential Provisions) Bill 1999
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the State Records (Consequential
Provisions) Act 1999.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisons.
page 2
State Records (Consequential Provisions) Bill 1999
Children's Court of Western Australia Act 1988 Part 2
s. 3
Part 2 -- Children's Court of Western Australia
Act 1988
3. Part 6 repealed
Part 6 of the Children's Court of Western Australia Act 1988* is
5 repealed.
[* Reprinted as at 23 April 1996.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 37.]
page 3
State Records (Consequential Provisions) Bill 1999
Part 3 District Court of Western Australia Act 1969
s. 4
Part 3 -- District Court of Western Australia Act 1969
4. Part IX repealed
Part IX of the District Court of Western Australia Act 1969* is
repealed.
5 [* Reprinted as at 1 January 1999.]
page 4
State Records (Consequential Provisions) Bill 1999
Freedom of Information Act 1992 Part 4
s. 5
Part 4 -- Freedom of Information Act 1992
5. Act amended by this Part
The amendments in this Part are to the Freedom of Information
Act 1992*.
5 [* Reprinted as at 8 July 1997.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 97, and Act No. 65 of 1998.]
6. Section 6 amended
Section 6(c) is deleted and the following paragraph is inserted
10 instead --
"
(c) State archives to which a person has a right to
be given access under Part 6 of the State
Records Act 1999 despite this Act;
15 ".
7. Section 7 amended
Section 7 is amended by deleting "included in the State archives
or".
8. Section 8 amended
20 After section 8(4) the following subsection is inserted --
"
(5) A person's right to be given access to a document that
is a State archive is subject to Part 6 of the State
Records Act 1999.
25 ".
page 5
State Records (Consequential Provisions) Bill 1999
Part 4 Freedom of Information Act 1992
s. 9
9. Section 48 amended
Section 48(4) is repealed and the following subsection is
inserted instead --
"
5 (4) Before information is amended under subsection (1) in
a manner that --
(a) obliterates or removes the information; or
(b) results in the destruction of a document
containing the information,
10 and that contravenes the State Records Act 1999, a
record keeping plan made under that Act or the
archives keeping plan made under that Act, the
Commissioner shall provide the State Records
Commission with a copy of the certificate issued by the
15 Commissioner under subsection (3).
".
10. Glossary amended
(1) Clause 1 of the Glossary is amended by deleting the definition
of "State archives" and inserting instead --
20 "
"State archive" has the same definition as in the State
Records Act 1999;
".
(2) Clause 7 of the Glossary is repealed.
page 6
State Records (Consequential Provisions) Bill 1999
Justices Act 1902 Part 5
s. 11
Part 5 -- Justices Act 1902
11. Part X repealed
Part X of the Justices Act 1902* is repealed.
[* Reprinted as at 2 October 1999.]
page 7
State Records (Consequential Provisions) Bill 1999
Part 6 Library Board of Western Australia Act 1951
Division 1 Amendments
s. 12
Part 6 -- Library Board of Western Australia Act 1951
Division 1 -- Amendments
12. Amendments
The Library Board of Western Australia Act 1951* is amended
5 as set out in the Table to this section.
Table
s. 3(1) Delete these definitions:
"non-current public record";
"public office";
"public record";
"record";
"State archive".
s. 3(2) Repeal the subsection.
s. 21(5) Delete paragraph (g).
s. 22 Repeal the section and delete the heading
"State Archives" immediately before it.
ss. 23 to 33 Repeal the sections.
[* Reprinted as at 17 May 1984.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 143.]
10 Division 2 -- Transitional provisions
13. Interpretation
(1) In this Division --
"commencement" means the commencement of the State
Records Act 1999.
page 8
State Records (Consequential Provisions) Bill 1999
Library Board of Western Australia Act 1951 Part 6
Transitional provisions Division 2
s. 14
(2) In this Division, unless the contrary intention appears, words
and expressions have the same definitions as in the State
Records Act 1999.
14. State archives to continue as such
5 (1) If immediately before commencement a record was a State
archive under the Library Board of Western Australia Act 1951,
then on commencement the record is to be taken to be a State
archive for the purposes of the State Records Act 1999.
(2) On commencement any record --
10 (a) that under subsection (1) is to be taken to be a State
archive for the purposes of the State Records Act 1999;
and
(b) that is in the custody of the Library Board of Western
Australia,
15 is to be taken to be in the State archive collection and the Board
is to transfer the record to the collection.
(3) Subsection (2) does not affect section 18.
15. Certain State archives to be restricted access archives
(1) If immediately before commencement a record was a State
20 archive under the Library Board of Western Australia Act 1951
and subject to --
(a) restrictions on public access imposed under
section 32(3) of that Act; or
(b) restrictions on access imposed under section 32(5) of
25 that Act,
then on commencement the record is to be taken to be a
restricted access archive for 5 years after commencement.
page 9
State Records (Consequential Provisions) Bill 1999
Part 6 Library Board of Western Australia Act 1951
Division 2 Transitional provisions
s. 16
(2) Subsection (1) does not prevent an application being made
under section 38(3) of the State Records Act 1999 in respect of
the restricted access archive.
16. State archives with unrestricted access not to be restricted
5 If immediately before commencement a record --
(a) was a State archive under the Library Board of Western
Australia Act 1951;
(b) was not under that Act subject to any restrictions as to
public access to it; and
10 (c) contains information about a person's medical condition
or about a person's disability (as defined in the
Disability Services Act 1993),
then on and after commencement the record is not subject to
section 49 of the State Records Act 1999.
15 17. Provisions that apply until record keeping plan approved
Until a record keeping plan is approved by the Commission in
respect of a government organization that is in existence on
commencement, sections 30, 31 and 32 (except section 32(1)) of
the Library Board of Western Australia Act 1951 have effect,
20 despite the repeal of those sections by this Act.
18. Agreements as to State archives
If immediately before commencement an agreement is in force
under section 26 of the Library Board of Western Australia
Act 1951 then on and after commencement --
25 (a) the agreement has effect as if the Director were
substituted for the Library Board of Western Australia
as a party to the agreement;
page 10
State Records (Consequential Provisions) Bill 1999
Library Board of Western Australia Act 1951 Part 6
Transitional provisions Division 2
s. 19
(b) if the other party to the agreement is a State
organization, the agreement has effect until the
Commission approves the record keeping plan of that
organization; and
5 (c) if the other party to the agreement is not a State
organization, the agreement has effect according to its
terms.
19. Applications to restrict access to archives not limited
This Division does not limit any right to apply under
10 section 37(2)(b) of the State Records Act 1999 in respect of a
State archive that immediately before commencement was a
State archive under the Library Board of Western Australia
Act 1951.
page 11
State Records (Consequential Provisions) Bill 1999
Part 7 Local Courts Act 1904
s. 20
Part 7 -- Local Courts Act 1904
20. Part X repealed
Part X of the Local Courts Act 1904* is repealed.
[* Reprinted as at 4 March 1994.
5 For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 148.]
page 12
State Records (Consequential Provisions) Bill 1999
Public Sector Management Act 1994 Part 8
s. 21
Part 8 -- Public Sector Management Act 1994
21. Section 29 amended
Section 29(1) of the Public Sector Management Act 1994* is
amended by deleting paragraph (n) and "and" following it and
5 inserting instead --
"
(n) subject to the State Records Act 1999, to ensure
that the department or organization keeps
proper records; and
10 ".
[* Reprinted as at 3 September 1997.
For subsequent amendments see Acts Nos. 53 of 1998
and 5 of 1999 and Gazettes 14 May 1999, 2 July 1999 and
24 September 1999.]
page 13
State Records (Consequential Provisions) Bill 1999
Part 9 Royal Commission (Custody of Records) Act 1992
s. 22
Part 9 -- Royal Commission (Custody of Records)
Act 1992
22. Act amended by this Part
The amendments in this Part are to the Royal Commission
5 (Custody of Records) Act 1992*.
[* Act No. 43 of 1992.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 222.]
23. Section 3 amended
10 Section 3(1)(b) is deleted and the following paragraph is
inserted instead --
" (b) the State Records Act 1999; ".
24. Section 4 amended
Section 4(1) is amended as follows:
15 (a) by inserting in the appropriate alphabetical positions the
following definitions --
"
"Director of State Records" means the Director of
State Records under the State Records Act 1999;
20 "State archives collection" has the same definition as
in the State Records Act 1999;
";
(b) in the definition of "record" by deleting "Library Act"
and inserting instead --
25 " State Records Act 1999 ".
page 14
State Records (Consequential Provisions) Bill 1999
Royal Commission (Custody of Records) Act 1992 Part 9
s. 25
25. Sections 5 to 12 repealed
Sections 5 to 12 are repealed.
26. Section 13 amended
(1) Section 13(1) is amended by deleting "Subject to subsection (2)
5 and section 6(2), if" and inserting instead --
" If ".
(2) Section 13(2) and (3) are repealed.
27. Section 14 amended
(1) Section 14(1) is repealed and the following subsection is
10 inserted instead --
"
(1) This section applies to all records of the Royal
Commission that form part of the State archives
collection, having been transferred under section 14(2)
15 of the State Records (Consequential Provisions) Act
1999 to that collection by the Library Board.
".
(2) Section 14(1a) is repealed and the following subsection is
inserted instead --
20 "
(1a) Subject to this section, the Director of State Records
shall keep the records to which this section applies as
State archives in accordance with the State Records
Act 1999.
25 ".
page 15
State Records (Consequential Provisions) Bill 1999
Part 9 Royal Commission (Custody of Records) Act 1992
s. 27
(3) Section 14(2)(a) and (b) are deleted and the following
paragraphs are inserted instead --
"
(a) a confidential record, internal working
5 document or private submission to which this
section applies; or
(b) a transcript record to which this section applies
that is the subject of a direction by the Royal
Commission prohibiting its publication,
10 ".
(4) Section 14(3)(b) is amended by deleting "is transferred as a
State archive under section 12," and inserting instead --
" a record to which this section applies, ".
(5) Section 14(5)(d) is deleted and the following paragraph is
15 inserted instead --
"
(d) that in the case of a record that is a restricted
access archive under the State Records
Act 1999, the provision of access to the record
20 would not contravene or be inconsistent with
the restrictions on access to the record under
that Act.
".
(6) Section 14(8) is repealed and the following subsections are
25 inserted instead --
"
(8) Without limiting section 3(1), the prohibition in
subsection (2) has effect notwithstanding Part 6 of the
State Records Act 1999.
page 16
State Records (Consequential Provisions) Bill 1999
Royal Commission (Custody of Records) Act 1992 Part 9
s. 28
(9) This section ceases to have effect in relation to a
confidential record, internal working document, private
submission or transcript record, as the case may be,
when it becomes 75 years old as determined under
5 section 3(6) of the State Records Act 1999 unless under
section 48 of that Act, the State Records Commission
has directed that it is an exceptionally sensitive archive
in which case that section applies to it.
".
10 28. Section 15 amended
(1) Section 15 is amended by repealing subsections (1) to (7).
(2) Section 15(8) is amended by inserting after "this section" the
following --
"
15 (as this Act and that Act operated before the
commencement of the State Records (Consequential
Provisions) Act 1999)
".
page 17
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