Document ID: chunk:federal_register_of_legislation:F2019L00282:clause:1_29:p1
Version: federal_register_of_legislation:F2019L00282
Segment Type: clause
Provision Reference: sch 1 cl 29 (pt 1/2)
Character Range: 15994–18643

29  Special rules about availability of and dealing with records

Limiting availability of records to Archives
 (1) If:
 (a) the Senate or the House of Representatives determines by resolution that a Class A record is, for a period specified in the resolution:
 (i) a record that is not to be transferred to the care of the Archives; or
 (ii) a record to which the Archives is not entitled to have access; or
 (iii) a record to which the Archives is not entitled to have access unless the conditions that are specified in the resolution or determination are complied with; or
 (b) the Presiding Officer makes a similar determination in writing, with the concurrence of the Director‑General, in relation to a Class B record; or
 (c) the Presiding Officer makes a similar determination in writing in relation to a Class C record;
the Archives must comply with the determination.
 (1A) If the Archives seeks access to a Class B record, or a Class C record, that is not in the care of the Archives, and a person responsible for the custody of the record considers that it may be appropriate for the Presiding Officer to make a determination in relation to the record, the person must:
 (a) notify the Archives of the person's opinion; and
 (b) notify the Presiding Officer to allow the Presiding Officer to consider whether a determination should be made.
 (1B) If the person notifies the Archives under subsection (1A), the Archives is not entitled to access to the record until the earlier of:
 (a) the end of 1 month from the day the Archives is notified; and
 (b) the day the notification is withdrawn.

Agreement on dealing with certain records
 (3) The Presiding Officer may make a written agreement conforming with subsection (3A) with the Director‑General about records (the relevant records) that are any or all of the following:
 (a) Class A records, Class B records and Class C records, transferred to the care of the Archives;
 (b) Class B records that are in the custody of a parliamentary body and are in the open access period.
Note: Arrangements under section 64 for a person (other than the Archives) to have custody of a Commonwealth record must enable the Archives to meet its obligations under this subsection.
 (3A) The agreement:
 (a) must enable the Archives to meet:
 (i) its obligations under subsection 30(1) in respect of the relevant records that are described in paragraph (3)(a) of this section (if any); and
 (ii) its obligations under subsection 31(1) in respect of the relevant records that are Class B records described in paragraph (3)(a) or (b) of this section (if any); and
 (b) must provide for the relevant records