Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document

ARCHIVES BILL 1983

Order of the Day read for the adjourned debate on the motion of the Attorney-General (Senator Gareth Evans)-That this Bill be now read a second time.

Question-put and passed.

Bill read a second time.

The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee

Bill, by leave, taken as a whole.

On the motion of Senator Gareth Evans the following amendments were, by leave, taken together, debated and agreed to: Page 7, clause 6, after sub-clause (2), add the following new sub-clause: ''(3) Where an arrangement entered into by the Archives to accept the custody of records from a person other than a Commonwealth institution relates to a Commonwealth record, then, to the extent that that arrangement, in so far as it relates to such a record, is inconsistent with a provision of Part V, that provision shall prevail.''.

Page 22, clause 36, after sub-clause (4), add the following new sub-clause: ''(5) The reference in sub-section (4) to copyright owned by a Commonwealth institution shall not be taken to extend to copyright owned by the Australian Broadcasting Corporation or the Special Broadcasting Service in a work or other subject matter forming part of its program material.''.

Page 26, clause 43, after paragraph (1) (b), insert the following paragraphs: ''(ba) a decision refusing to grant to the applicant access to the record on the ground that the record has been withheld from public access pending examination of the record under section 35;

''(bb) a decision refusing to grant to the applicant access to the record on the ground that a determination has been made under section 37 that the record is to be withheld from public access or refusing to grant to the applicant access to the record otherwise than on specified conditions determined under that section;''.

Page 27, clause 44, after sub-clause (1), insert the following new sub-clause: ''(1A) Where an applicant makes an application under section 43 in respect of a decision of the kind referred to in paragraph (1) (ab) of that section, the Tribunal has power to grant access to the record to which the application relates, or to grant access to that record on particular conditions, notwithstanding any determination made by the Director-General under section 37 in relation to that record.''.

Bill, as amended, agreed to.

Bill to be reported with amendments.

The President resumed the Chair; and the Chairman of Committees (Senator Hamer) reported accordingly.

On the motion of Senator Gareth Evans the Report from the Committee was adopted, and the Bill read a third time.