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Archives Act 1983

Archives Act 1983Archives act was announced for the custody of State and other records and also to repeal the provision of the Archives Act 1965. It was enacted by the Excellency of Royal Assent, the Governor of Tasmania with the advice of the Legislative Council and House of Assembly. This act was assembled in the Parliament as follows –

This Act can be cited as Archives Act 1983. This Act should be commenced on the day which Royal Assent is received under the commencement and section-1 or on the day which may be fixed by proclamation under the subsection (1). The context required in this Act requires the following–

  • Archives Office which is the Archives Office of Tasmania refers to any branch of those offices and includes any premises where the State archives are stored or deposited.
  • Commencement day is the day fixed under section 2(2).
  • Court refers to the Supreme Court along with a judge.
  • Crown record refers to a record made for use or purpose of the Crown. It also refers to a record kept by an officer of Crown in accordance with a responsibility or duty imposed.
  • Government department includes a department of Sate Service recognized under the State Service Act 2000 or a department which is not a part of State Service but has been shutdown or merged with some other body.
  • Local authority refers to a council or corporate body established under an Act. It can also be a corporate body established in exercise of prerogative rights of the Crown and its jurisdiction is limited to a locality, district or part of State.
  • Public state record refers to State record or register kept in accordance with a duty imposed or a power conferred for information of the public and available under that Act for public inspection.
  • State archive refers to State record or any other record deposited for some time and preserved in the Archives Office.
  • State authority is a body, authority or a board of inquiry which is not a Government department.
  • State record means a Crown record or a local authority record.

    • The Archives Act protects the Commonwealth records from destruction without the permission of National Archives, but with some exceptions. Section 33(1) (g) of Archives Act, permits exception for the public accessing to records if the accessing involves unreasonable disclosure of information related to personal affairs of any individual.

    The following information is mentioned under the preservation and acquisition of State and other records–

    The relevant authority has to keep the records in respect to the Government department business, local or State authority for which this authority is responsible. It is also to preserve and access such records until dealt with in accordance with this Act. This authority may take legal proceedings for the recovery of such records if it has no legal custody of them in the name of Government, State or local authority.

    The State Archivist has the authority to enter and inspect any place under control of that authority or any place which he is doubtful about the way records being kept, after giving two days notice to the authority. He/she can also inspect any place similar to the place mentioned in above sentence. He/she can even give advice to write to the relevant authority in respect of keeping any State records.

    Any person who obstructs the State Archivist with respect to the powers he/she has can be found guilty and has to pay a fine of non exceeding 5 penalty units.

    It is the duty of the relevant authority to whom or to which writing advice is given to take essential steps for implementing the advice.

    State Archivist refers to State Service employee or State Service officer who is acting with the authority of State Archivist for some time.

    Archives Act is responsible for establishing National Archives of Australia and providing protection to Commonwealth related archival resources.