Freedom of Information Act 1982
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.
View history note
Hide history note13(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 .
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
