Freedom of Information Act 1982

PART III - ACCESS TO DOCUMENTS  

SECTION 13   DOCUMENTS IN CERTAIN INSTITUTIONS  

13(1)    
A document shall not be deemed to be a document of an agency for the purposes of this Act by reason of its being:

(a) in the memorial collection within the meaning of the Australian War Memorial Act 1980 ; or

(b) in the collection of library material maintained by the National Library of Australia; or

(c) material included in the historical material in the possession of the Museum of Australia; or

(d) in the care (within the meaning of the Archives Act 1983 ) of the National Archives of Australia (otherwise than as a document relating to the administration of the National Archives of Australia); or

(e) a program or related material (within the meaning of the National Film and Sound Archive of Australia Act 2008 ) in the collection of the National Film and Sound Archive of Australia;

if the document was placed in that collection, or in that custody, by or on behalf of a person (including a Minister or former Minister) other than an agency.

13(2)    

For the purposes of this Act, a document that has been transferred to the care (within the meaning of the Archives Act 1983 ) of the National Archives of Australia, or otherwise placed in a collection referred to in sub-section (1), by an agency shall be deemed to be in the possession of that agency or, if that agency no longer exists, the agency to the functions of which the document is most closely related.

13(3)    

Despite subsections (1) and (2):

(a) records of a Royal Commission that are in the care (within the meaning of the Archives Act 1983 ) of the National Archives of Australia are, for the purposes of this Act, taken to be documents of an agency and to be in the possession of the Department administered by the Minister administering the Royal Commissions Act 1902 ; and

(b) records of the Commission of inquiry (within the meaning of the Quarantine Act 1908 , as in force immediately before its repeal) that are in the custody of the Australian Archives are, for the purposes of this Act, taken to be documents of an agency and to be in the possession of the Agriculture Department (within the meaning of the Biosecurity Act 2015 ); and

(c) records of a Commission of inquiry (within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 ) that are in the custody of the Australian Archives are, for the purposes of this Act, taken to be documents of an agency and to be in the possession of the Department administered by the Minister administering the Offshore Petroleum and Greenhouse Gas Storage Act 2006 .

13(4)    

Nothing in this Act affects the provision of access to documents by the National Archives of Australia in accordance with the Archives Act 1983 .