Document ID: chunk:federal_register_of_legislation:C2024C00842:section:9:p4
Version: federal_register_of_legislation:C2024C00842
Segment Type: section
Provision Reference: s 9 (pt 4/5)
Character Range: 82099–84822

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 of the recipient's powers.
 (8) Subsections (6) and (7) have effect subject to any regulations that:
 (a) specify purposes for which the custodian or the recipient must not use some or all of the records; or
 (b) impose conditions to be complied with by the custodian or the recipient.
Note: See paragraphs (2)(b) and (e) and subsection (4).
 (9) The purposes referred to in subparagraphs (2)(b)(i) and (e)(i) and subsections (6) and (7) need not be purposes for which the Royal Commission concerned produced, obtained or was given the Royal Commission records.

Custodian's right to retain possession of records
 (10) A custodian of a Royal Commission record may retain possession of the record for so long as the custodian considers it desirable to do so for the purposes of the performance of any of the custodian's functions or the exercise of any of the custodian's powers, despite any request from the record's owner for the return of the record.

Records may be dealt with without consent, notice or opportunity to be heard
 (11) If regulations made for the purposes of paragraph (2)(a) provide that a person or body is to have custody of Royal Commission records:
 (a) the custodian may, for law enforcement purposes:
 (i) use the records under subsection (6); and
 (ii) give the records to another person or body under regulations made for the purposes of paragraph (2)(c); and
 (iii) allow another person or body access to the records under regulations made for the purposes of paragraph (2)(d); and
 (b) a public office holder, or public authority, to whom the custodian gives the records, or access to the records, may, for law enforcement purposes, use the records under subsection (7);
without obtaining the consent of, giving notice to, giving an opportunity to make submissions to or taking into account submissions made by the owner of the records or any other person.

Operation of sections 6DD and 6OE not affected
 (12) Nothing in this section affects the operation of sections 6DD and 6OE (admissibility of statements etc. made by witness) in relation to Royal Commission records that are dealt with in accordance with:
 (a) regulations made for the purposes of subsection (2); or
 (b) a direction under subsection 22(3) of the Archives Act 1983.

Legal professional privilege not affected
 (13) A Royal Commission record, or material in or referred to in a Royal Commission record, does not