Document ID: chunk:federal_register_of_legislation:C2008A00113:clause:1_34
Version: federal_register_of_legislation:C2008A00113
Segment Type: clause
Provision Reference: sch 1 cl 34
Character Range: 9102–10124

34  Subsections 31(1) and (2)
Repeal the subsections, substitute:

 (1A) This section applies to a Commonwealth record that:
 (a) is in the open access period; and
 (b) is in the care of the Archives or in the custody of a Commonwealth institution; and
 (c) is not an exempt record.

 (1) Subject to this Part, the Archives must cause the record to be made available for public access.

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.

 (2) If the record is in the custody of a Commonwealth institution, the institution must make such arrangements with the Archives as will enable the Archives to meet its obligations under subsection (1) in relation to the record.

Note: If the record is material of the Archives, the arrangements referred to in subsection (2) must be included in the arrangements under section 64 for the Commonwealth institution to have custody of the record.