15.
Director-General is, in writing, to "determine that a specified Commonwealth record or other material is part of the archival resources of the Commonwealth"[1].
39 The term "material" means "records and other objects"[2]. The term "record" means "a document, or an object, in any form (including any electronic form) that is, or has been, kept by reason of" either "information or matter that it contains or that can be obtained from it" or "its connection with any event, person, circumstance or thing"[3]. The term "document" means "any record of information" and includes "anything on which there is writing"[4].
40 The critical expression "Commonwealth record" is in relevant part defined to mean "a record that is the property of the Commonwealth or of a Commonwealth institution"[5] other than a record of that description which is "exempt material" because it is included in a collection maintained by another custodial institution, such as the National Library of Australia"[6]. The cognate expression "current Commonwealth record" is defined to mean "a Commonwealth record that is required to be readily available for the purposes of a Commonwealth institution"[7].
41 To understand the definition of "Commonwealth record", it is necessary to refer to the definition of "Commonwealth institution", which is as follows"[8]:
"Commonwealth institution means:
(a) the official establishment of the Governor-General;
(b) the Executive Council;
- ↑ Section 3C(1) of the Archives Act.
- ↑ Section 3(1) of the Archives Act, definition of "material".
- ↑ Section 3(1) of the Archives Act, definition of "record".
- ↑ Section 2B of the Acts Interpretation Act 1901 (Cth), definition of "document".
- ↑ Section 3(1) of the Archives Act, definition of "Commonwealth record", para (a).
- ↑ Section 3(1) of the Archives Act, definition of "exempt material".
- ↑ Section 3(1) of the Archives Act, definition of "current Commonwealth record".
- ↑ Section 3(1) of the Archives Act, definition of "Commonwealth institution".
