Document ID: chunk:federal_register_of_legislation:C2006A00167:clause:1_9:p3
Version: federal_register_of_legislation:C2006A00167
Segment Type: clause
Provision Reference: sch 1 cl 9 (pt 3/5)
Character Range: 5793–8561

Commission records even if the person or body already has custody of those records under a direction under subsection 22(3) of the Archives Act 1983.

 (3) The persons and bodies who may be given custody of Royal Commission records by regulations made for the purposes of paragraph (2)(a) are the following:
 (a) the Attorney‑General of the Commonwealth, of a State, of the Australian Capital Territory or of the Northern Territory;
 (b) the Director of Public Prosecutions;
 (c) a Special Prosecutor appointed under the Special Prosecutors Act 1982;
 (d) the Commissioner of the Australian Federal Police or of the Police Force of a State or of the Northern Territory;
 (e) the Australian Securities and Investments Commission;
 (f) the Australian Competition and Consumer Commission;
 (g) the Australian Crime Commission;
 (h) the Australian Commission for Law Enforcement Integrity;
 (i) the Secretary of the Department of the Prime Minister and Cabinet;
 (j) the National Archives of Australia;
 (k) a body or person responsible for the administration or enforcement of a law of the Commonwealth, a State or a Territory.

Regulations may impose conditions

 (4) Regulations made for the purposes of subsection (2) in relation to Royal Commission records may impose conditions to be complied with by:
 (a) the custodian of the records; or
 (b) persons and bodies to whom the records are given or who are allowed access to the records.

Effect of regulations under paragraph (2)(a)

 (5) If regulations are made for the purposes of paragraph (2)(a) in relation to particular Royal Commission records, the Archives Act 1983 has effect as if a direction to the same effect as the regulations were in force in relation to the records under subsection 22(3) of that Act at all times when the regulations are in force.

Use of Royal Commission records

 (6) A custodian of Royal Commission records may use the records for:
 (a) the purposes of the performance of the custodian's functions and the exercise of the custodian's powers; and
 (b) any other purpose for which the custodian could use the records if the custodian had acquired the records in the performance of the custodian's functions or the exercise of the custodian's powers.

 (7) If:
 (a) the custodian of a Royal Commission record gives a person or body (the recipient) the record or access to the record; and
 (b) the recipient is a public office holder or a public authority;
the recipient may use the record for:
 (c) the purposes of the performance of the recipient's functions and the exercise of the recipient's powers; and
 (d) any other purpose for which the recipient could use the record if the recipient had acquired the record in the performance of the recipient's functions or the exercise