Freedom of Information Amendment (Reform) Act 2010 (51 of 2010)

Schedule 3   Exemptions

Part 1   Open access period amendments

Archives Act 1983

2   Subsection 3(7)

Repeal the subsection (including the note), substitute:

(7) For the purposes of this Act, subject to sections 22A and 22B, work out when a record is in the open access period in accordance with the following table:

Open access period for records

Item

If the record came into existence in any of the following years (ending on 31 December):

the record is in the open access period on and after the following day:

1

a year (the creation year ) before 1980

1 January in the year that is 31 years after the creation year.

Example: A record that came into existence in the year 1979 is in the open access period on and after 1 January 2010.

2

1980 or 1981

1 January 2011.

3

1982 or 1983

1 January 2012.

4

1984 or 1985

1 January 2013.

5

1986 or 1987

1 January 2014.

6

1988 or 1989

1 January 2015.

7

1990 or 1991

1 January 2016.

8

1992 or 1993

1 January 2017.

9

1994 or 1995

1 January 2018.

10

1996 or 1997

1 January 2019.

11

1998 or 1999

1 January 2020.

12

2000

1 January 2021.

13

a year (the creation year ) after 2000

1 January in the year that is 21 years after the creation year.

Example: A record that came into existence in the year 2001 is in the open access period on and after 1 January 2022.

Note: Cabinet notebooks and records containing Census information have different open access periods (see sections 22A and 22B).