Subject to sections 20 and 21, Divisions 2 and 3 do not apply to records in the possession of a court or of a registry of a court.

Divisions 4 and 5 do not apply to records in the possession of a court or of a registry of a court, other than records that are of an administrative nature.

Subject to this section, the regulations may provide that all or any of the provisions of Divisions 2 and 3 are, in such circumstances and subject to such conditions as are prescribed, to apply to all or any of the records referred to in section 18 or subsection 19(1), and may provide that those provisions are so to apply subject to such modifications as are prescribed.

Regulations shall not be made for the purposes of subsection (1) in relation to the application of the provisions of Divisions 2 and 3 to records in the possession of the Senate, the House of Representatives or a Parliamentary Department, unless there has been consultation between the Minister and:

Regulations shall not be made for the purposes of subsection (1) in relation to the application of the provisions of Divisions 2 and 3 to records in the possession of a court or of a registry of a court unless there has been consultation between the Minister and the Chief Justice or Chief Judge of that court, or, if there is no Chief Justice or Chief Judge, the judicial officer of that court whom the Minister is satisfied has, from time to time, the principal responsibility for the administration of the business of that court, concerning the application of those provisions to those records.

Subject to any regulations made in accordance with section 20, a person having the control of the custody of any records referred to in section 18 or subsection 19(1) may enter into arrangements with the Archives with respect to the custody of those records.

Arrangements referred to in subsection (1) relating to the custody of records may provide for the extent (if any) to which the Archives or other persons are to have access to those records.

This section applies to:

The Commonwealth is entitled to the possession of records kept by a Royal Commission, or by a Commission of inquiry, that are no longer required for the purposes of the Commission, and all such records shall be deemed to be Commonwealth records for the purposes of this Act.

Records referred to in subsection (2) shall be kept in such custody as the responsible Minister directs and the Archives is not entitled to the care of any such records except in accordance with such a direction.

A direction given by a Royal Commission, or by a Commission of inquiry, prohibiting the publication of any document or matter does not apply to the provision of public access under this Act to any records that are in the open access period or to the publication by any person of any records that are available for public access in accordance with this Act.

For the purposes of this Act:

Where a Royal Commission has conducted an inquiry by virtue of a commission issued by the Governor of a State in conjunction with its inquiry under a commission issued by the Governor-General, subsections (2) and (3) apply only to such of the records of the Royal Commission as are determined by agreement between the Commonwealth and the State.

(1) For the purposes of this Act, work out when a Cabinet notebook is in the open access period in accordance with the following table:

Subsection 3(7) does not apply in relation to Cabinet notebooks.

For the purposes of this Act, a record containing Census information from a particular Census is in the open access period for that Census if a period of 99 years has elapsed since the Census day for that Census.

Subsection 3(7) and section 56 do not apply to records containing Census information.

In this Act:

Census day, for a Census, means the day appointed, under subsection 8(2) of the Census and Statistics Act 1905, as the Census day for that Census.

(1) For the purposes of this Act, a record that is an Independent Review document or a PWSS document is in the open access period on and after 1 January in the year that is 99 years after the calendar year that the record came into existence.

Subsection (1) applies in relation to an Independent Review document, whether the Independent Review commenced before or after the commencement of this section.

Subsection (1) applies in relation to a PWSS document, whether the document is brought into existence before, on or after the commencement of this subsection.

Subsection 3(7) and section 56 do not apply in relation to an Independent Review document or a PWSS document.

Subject to this Part, a person must not engage in conduct that results in:

For the purposes of an offence against subsection (1), strict liability applies to the physical element of circumstance of the offence, that the record is a Commonwealth record.

Subsection (1) does not apply to anything done:

(3) Subsection (1) does not apply to the destruction of a Commonwealth record, being a record to which subsection 47(1), 70(1) or 107(1) of the Copyright Act 1968 applies, where the Director-General has declined to consent to the delivery of the record to the Archives.

This section does not authorize the Archives to permit the destruction or other disposal of a Commonwealth record that is in the possession of, or has been transferred to the care of the Archives by, a Commonwealth institution, without the consent of that institution or of a Commonwealth institution that has succeeded to the relevant functions of that institution.

For the purposes of the application of subsection (1) to a record of a kind used by means of any mechanical or electronic device or equipment, including a computer, any treatment or modification of the record that would prevent the obtaining from the record of information or matter that could previously have been obtained from the record shall be deemed to be destruction of the record.

The Archives shall:

A reference in subsection (1) to practices agreed upon between the Archives and a Commonwealth institution includes a reference to practices so agreed upon that vary practices that have, whether before or after the commencement of this Part, been previously agreed upon between the Archives and that institution.

A person commits an offence if:

Strict liability applies to paragraph (1)(a).

Subsection (1) does not apply to anything done:

This section applies to a Commonwealth record that:

The person responsible for the custody of the record must cause the record to be transferred to the care of the Archives in accordance with arrangements approved by the Archives.

The record must be transferred:

A Commonwealth institution, or a person having authority to act on behalf of a Commonwealth institution, may, with the concurrence of the Director-General, determine that a Commonwealth record, or each record in a class of Commonwealth records, being a record or class of records in the possession of the Commonwealth institution or relating to the functions of the Commonwealth institution, is:

Notwithstanding subsection (1), the responsible Minister may determine that a Commonwealth record, or each record in a class of Commonwealth records, is:

The Archives may agree with a Commonwealth institution that records accepted into the care of the Archives from that institution are to be held on certain conditions to be observed by the Archives, not being conditions inconsistent with this Part.

Where:

Where a notification under subsection (4) has been given in respect of a record, the Archives is not entitled to access to the record for a period of one month from the date on which the notification was given, but, if the notification is withdrawn by the person responsible for the custody of the record before the expiration of that period, this subsection ceases to have effect in relation to the record.

A record that is in the open access period is not, by virtue of a determination under subsection (1), a record to which paragraph (1)(b) applies unless:

A record that is in the open access period is not, by virtue of a determination under subsection (2), a record to which paragraph (2)(b) applies unless:

The concurrence of the Director-General is not required for the making of a determination under subsection (1) by, or by a person having authority to act on behalf of, any of the following Commonwealth institutions, namely:

The concurrence of the Director-General is not required for the making of a determination under subsection (1) by the Commissioner of the Australian Federal Police in relation to any record that contains information the release of which would endanger the safety of a person:

The Archives must ensure that all Commonwealth records transferred to its care from a Commonwealth institution are made available, as reasonably required, for use by, or at the direction of:

A record that has been in existence for more than 15 years must not be made available to a Commonwealth institution under subsection (1) in a manner that involves its leaving the custody of the person who has the custody of the record, except as necessary for the proper conduct of the business of the Commonwealth institution.

An Archives officer must not, at any time before a record containing Census information from a Census is in the open access period for that Census, divulge or communicate any of that information to another person (except to another Archives officer for the purposes of, or in connection with, the performance of that other officer’s duties under this Act).

Non-disclosure to a court or tribunal

A person who is or has been an Archives officer must not, at any time before a record containing Census information from a Census is in the open access period for that Census:

Section 58 does not affect the operation of this section.

Definition

In this section:

Archives officer means the Director-General or a member of the staff of the Archives.

This section applies to a Commonwealth record that:

Subject to this Part, the Archives must cause the record to be made available for public access.

If the record is in the custody of a Commonwealth institution, the institution must make such arrangements with the Archives as will enable the Archives to meet its obligations under subsection (1) in relation to the record.

Subject to any regulations made under section 20, subsection (2) does not apply to:

The Archives may withhold a Commonwealth record or a class of Commonwealth records from public access for a reasonable time pending examination in accordance with section 35.

Where it appears to the Minister that the Government of a State, of the Australian Capital Territory or of the Northern Territory, as the case may be, might reasonably wish to contend that the making available of a record under section 31 could adversely affect the interests of that State, of the Australian Capital Territory or of the Northern Territory, as the case may be, the record shall not be made available unless there has been consultation between the Commonwealth and that State, the Australian Capital Territory or the Northern Territory.

For the purpose of facilitating consultation under subsection (1), the Commonwealth may enter into such arrangements with a State, with the Australian Capital Territory or with the Northern Territory as it thinks appropriate.

For the purposes of this Act, a Commonwealth record is an exempt record if it contains information or matter of any of the following kinds:

For the purposes of subparagraph (1)(e)(ii), a confidential source of information in relation to the enforcement or administration of the law includes:

For the purposes of this Act, a Commonwealth record is an exempt record if it is of such a nature that:

For the purposes of this Act, a Commonwealth record is an exempt record if:

(4) In paragraphs (1)(e) and (f) and subsection (3), law means law of the Commonwealth or of a State or Territory.

For the purposes of this Act, a Commonwealth record is an exempt record if:

If:

For the purposes of this Act, a Commonwealth record is an exempt record if:

If:

A reference in this section to an undertaking includes a reference to an undertaking that is carried on by, or by an authority of, the Commonwealth, a State, the Australian Capital Territory or the Northern Territory or by a local government authority.

A reference in this section to:

The Director-General, in consultation with the responsible Minister or a person authorized by the responsible Minister, shall make arrangements for determining the Commonwealth records in the open access period that are to be treated by the Archives as being exempt records and may make arrangements for determining the extent to which access in part to Commonwealth records identified as exempt records may be given without disclosing the information or matter by reason of which the records are exempt records.

Except in the case of records exempted from transfer to the care of the Archives by virtue of a determination under section 29, an examination of records for the purposes of subsection (1) shall be conducted on premises of the Archives.

The identification of records as exempt records in accordance with this section shall be conducted in accordance with programs approved by the Director-General and may take place before the records concerned become records in the open access period.

Determinations under subsection (1) in respect of records identified as exempt records shall be reviewed, in accordance with arrangements made as referred to in that subsection, at such intervals as the Director-General thinks appropriate having regard to the nature of the records concerned and any other relevant circumstances and whenever necessary for the purposes of reconsideration of a decision in accordance with section 42.

The functions of the Archives with respect to public access to Commonwealth records in the open access period shall be performed in conformity with the determinations made from time to time under this section, except to the extent that any such determination is inconsistent with a decision of the Tribunal on a review under this Act.

Where the Archives is required by this Part to cause a record to be made available for public access, any person is, subject to this Part, entitled to access to the record.

Access to a record may be given to a person in one or more of the following forms:

Subject to subsection (4), where a person has applied for access in a particular form, access shall be given in that form.

Where the giving of access under this Part in the form requested by the person in his or her application for access:

The reference in subsection (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 Corporation in a work or other subject matter forming part of its program material.

The Director-General may, for the purpose of ensuring the safe custody and proper preservation of any record, determine reasonable conditions to which access to the record is to be subject, or determine that the record is to be withheld from public access.

Where a record is withheld in accordance with subsection (1), a copy shall be provided where, in the opinion of the Director-General, it is practicable to do so without detriment to the proper preservation or safe custody of the record.

Nothing in this Act shall be taken to require the Archives to give information as to the existence or non-existence of a record where information as to the existence or non-existence of that record, if included in a Commonwealth record, would cause that last-mentioned record to be an exempt record by virtue of paragraph 33(1)(a), (b) or (e) or subsection 33(4A) or (4C).

Where an application to the Archives for access to a record relates to a record that is, or if it existed would be, of a kind referred to in subsection (1), the Archives may give notice in writing to the applicant that the Archives neither confirms nor denies the existence, as a Commonwealth record, of such a record but that, assuming the existence of such a record, it would be an exempt record, and, where such a notice is given:

This section applies in relation to an application to the Archives for access, or for an extension of partial access, to a record referred to in section 31, being an application:

The Archives shall give all reasonable assistance to persons to enable them to make applications complying with paragraph (1)(d).

Timeframe for making decision on application

The Archives must take all reasonable steps to notify the applicant of a decision on an application to which this section applies:

Where, in relation to an application, a decision is made relating to a refusal to grant access to a record in accordance with the application, the decision-maker shall cause the applicant to be given notice in writing of the decision and the notice shall:

(6) Section 13 of the Administrative Decisions (Judicial Review) Act 1977 does not apply to a decision of the kind referred to in subsection (5).

A notice under subsection (5) is not required to contain any matter that is of such a nature that its inclusion in a record would cause that record to be an exempt record under section 33.

Effect of delay in dealing with application

Where:

(9) Where a complaint is made to the Ombudsman under the Ombudsman Act 1976 concerning failure to make and notify to the applicant a decision on an application (whether the complaint was made before or after the end of the consideration period for the application under section 40A), an application to the Tribunal under section 43 of this Act by virtue of subsection (8) shall not be made before the Ombudsman has informed the applicant of the result of the complaint in accordance with section 12 of the Ombudsman Act 1976.

Where such a complaint is made before the end of the consideration period for the application under section 40A, the Ombudsman, after having investigated the complaint, may, if he or she is of the opinion that there has been unreasonable delay by the Archives in connection with the request, grant to the applicant a certificate certifying that he or she is of that opinion, and, if the Ombudsman does so, the Archives shall, for the purpose of enabling application to be made to the Tribunal under section 43, be deemed to have made, on the day on which the certificate is granted, a decision refusing to grant access to the record on the ground that the record is an exempt record.

Where, after an application has been made to the Tribunal by virtue of subsection (8) but before the Tribunal has finally dealt with the application, a decision in the matter to which the application relates is given by the Archives, being a decision that is not satisfactory to the applicant, the Tribunal may, at the request of the applicant, treat the proceedings as extending to a review of that decision in accordance with this Part.

Before dealing further with an application made to it by virtue of subsection (8), the Tribunal may, on the application of the Director-General, allow further time to the Archives to deal with the application for access.

(1) The consideration period for an application to which section 40 applies is the period starting on the day after the application is received by the Archives and ending:

The Director-General may, with the applicant’s written agreement and before the end of the consideration period, by written notice given to the applicant extend the application’s initial period (including that period as previously extended under this section) by a specified number of business days.

If the Director-General requests the applicant to enter into an agreement for the purposes of subsection (2), the Director-General must inform the applicant that he or she is not obliged to comply with the request.

Extending the initial period—number of items exceeds the application cap

The Director-General may, before the end of the consideration period, by written notice given to the applicant extend the application’s initial period (including that period as previously extended under this section) by a specified number of business days, if the Director-General reasonably believes that:

(5) For the purposes of paragraph (4)(b), an item is the smallest discrete unit used by the Archives to describe a record in a series for purposes related to the care, management or retrieval of the record.

A particular extension under subsection (4) must not have the effect that an application’s initial period is extended under that subsection by more than the number of business days worked out using the following formula (rounding up to the nearest whole number):

where:

application cap means the number applicable under subparagraph (4)(b)(i) or (ii).

items requested means the number of items that the Director-General reasonably believes describe the records covered by the one or more applications mentioned in paragraph (4)(b) in relation to the extension.

unextended initial period means the number of business days in the initial period under subparagraph (1)(a)(i) or (ii), disregarding any extensions under this section.

Varying or revoking extensions under subsection (4)

(7) The Director-General may vary or revoke an extension under subsection (4) by written notice given to the applicant before the end of the period of the extension. This subsection does not limit subsection 33(3) of the Acts Interpretation Act 1901.

For the purposes of applying subsection (6) in relation to an extension that is varied under subsection (7), the number of items mentioned in paragraph (4)(b) is to be determined on the basis of applications made by the applicant as at the time of the variation.

Matters to be taken into account for extensions under subsection (4)

The Director-General must take into account the matters (if any) prescribed by the regulations for the purposes of this subsection in:

(1) The Director-General may, by writing, determine that an application to which first person) is taken for the purposes of this Act to have been made by another person if the Director-General reasonably suspects that the first person:section 40 applies that was made by a person (the

The determination has effect accordingly.

The Director-General must give written notice of the determination to both of the persons mentioned in subsection (1).

Where a person has made an application to which within 28 days after the day on which notice of the decision was given to him or her or within such further period as the Archives allows, apply in writing to the Archives for a reconsideration of the decision.section 40 applies and is dissatisfied with the decision on the application, he or she may,

Where an application for reconsideration of a decision is made in accordance with this section, the Archives shall:

A decision by the Archives on an application in accordance with this section for reconsideration of a decision shall be made after consideration of the application by the Director-General or a person authorized by him or her to deal with such applications.

The provisions of section 40 extend to a decision made under this section upon a review of a decision in relation to the provision of access to a record that is the subject of an application under that section.

Subject to this section, an application may be made to the Administrative Review Tribunal for a review of a decision of the Archives in respect of access to a record, being:

Subject to subsection (3), where, in relation to a decision referred to in subsection (1), a person is or has been entitled to apply under section 42 for a reconsideration of the decision, that person is not entitled to make an application under subsection (1) in relation to that decision, but may make such an application in respect of the decision made on such a reconsideration.

Subsection (2) does not prevent an application to the Tribunal in respect of a decision where:

(4) Notwithstanding Administrative Review Tribunal Act 2024, the period within which (subject to any extension granted by the Tribunal) an application under subsection (1) of this section is to be made in respect of a decision is:section 18 of the

If an application to the Tribunal for review of a decision is made before a reconsideration of the decision in accordance with section 42 has been completed and the result notified to the applicant, the Tribunal may, if it is satisfied that further time is reasonably necessary to enable the reconsideration to be completed, adjourn the proceedings for such time as it thinks fit.

(6) Section 268 of the Administrative Review Tribunal Act 2024 does not apply in relation to a decision in respect of which an application may be made to the Tribunal under this section where a notice under subsection 40(5) of this Act has been given to the applicant.

If the Tribunal, upon application for a declaration under this subsection made to it by a person to whom a notice has been furnished under subsection 40(5), considers that the notice does not contain adequate particulars of findings on material questions of fact, an adequate reference to the evidence or other material on which those findings were based or adequate particulars of the reasons for the decision to which the notice relates, the Tribunal may make a declaration accordingly, and, where the Tribunal makes such a declaration, the person responsible for furnishing the notice shall, as soon as practicable but in any case within 28 days after the Tribunal makes the declaration, furnish to the applicant an additional notice or additional notices containing further and better particulars in relation to matters specified in the declaration with respect to those findings, that evidence or other material or those reasons.

Subject to this section, in proceedings under this Division, the Tribunal has, in addition to any other power, the power to review any decision of the Archives upon an application for access to a record and to decide any matter in relation to that application that, under this Act, could have been or could be decided by the Archives, and any decision of the Tribunal under this section has the same effect as a decision of the Archives.

Where an applicant makes an application under section 43 in respect of a decision of the kind referred to in paragraph (1)(d) 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.

Where, in proceedings before the Tribunal in pursuance of an application under section 43, it is established that a record is an exempt record, the Tribunal does not, except as provided by subsection (7), have power to decide that access is to be granted to the record.

On a review in pursuance of an application to the Tribunal under section 43, the Tribunal may, if it is satisfied that it would be practicable to give access to, or to a copy of, part of an exempt record in a form that would not disclose information or matter by reason of which the record is an exempt record, direct that access be given accordingly.

This section applies in a proceeding before the Tribunal in relation to review of a decision of the Archives in respect of access to a record that:

Before determining that the record is not an exempt record, the Tribunal must request the Inspector-General of Intelligence and Security to appear personally and give evidence on:

Before determining that part of, or a copy of part of, the record is to be made available for public access under section 38, the Tribunal must request the Inspector-General to appear personally and give evidence on:

Before hearing the evidence of the Inspector-General, the Tribunal must hear any evidence to be given or submissions to be made by or on behalf of:

The Inspector-General must comply with a request under subsection (2) or (3) unless, in the opinion of the Inspector-General, the Inspector-General is not appropriately qualified to give evidence on the matters in relation to which the Inspector-General has been requested to give evidence.

For the purposes of enabling the Inspector-General to comply with a request under subsection (2) or (3):

The Inspector-General must permit a person who would be entitled to inspect a record mentioned in paragraphs (6)(a) to (d) if it were not in the possession of the Inspector-General to inspect the record at all reasonable times as the person would be so entitled.

The Tribunal is not bound by any opinion of the Inspector-General expressed while giving evidence under this section.

The Tribunal must allow the Inspector-General a period within which to consider the records mentioned in paragraphs (6)(a) to (d) that is reasonable having regard to:

The fact that a person is obliged to produce a document under subsection (6) does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that document.

(1) In determining whether the Tribunal is satisfied that it is desirable to make an order or orders under subsection 69(3) or 70(1) or (2) of the Administrative Review Tribunal Act 2024 for the purposes of proceedings in relation to an application under section 43, the Tribunal must have regard to:

(2) Notwithstanding anything contained in the Administrative Review Tribunal Act 2024:

(1) Sections 23, 25 and 26 of the Administrative Review Tribunal Act 2024 do not apply in relation to a record that is claimed to be an exempt record, but in proceedings before the Tribunal in relation to such a record, if the Tribunal is not satisfied, by evidence on affidavit or otherwise, that the record is an exempt record, it may require the record to be produced for inspection by members of the Tribunal only.

If, upon the inspection, the Tribunal is satisfied that the record is an exempt record, the Tribunal must return the record to the person by whom it was produced without permitting a person to have access to the record, or disclosing the contents of the record to a person, unless the person is:

(1B) If the Tribunal is satisfied as mentioned in subsection (1A), Administrative Review Tribunal Act 2024 does not apply in relation to the document.section 27 of the

The Tribunal may require the production, for inspection by members of the Tribunal only, of an exempt record for the purpose of determining whether, and to what extent, it is practicable for arrangements to be made in accordance with section 38 and, where an exempt record is produced by reason of such a requirement, the Tribunal shall, after inspection of the record by the members of the Tribunal as constituted for the purposes of the proceeding, return the record to the person by whom it was produced without permitting a person to have access to the record or disclosing the contents of the record to a person, unless the person is:

(5) Subsection (1) or (2) does not operate so as to prevent the Tribunal from causing a document produced in accordance with that subsection to be sent to the Federal Court of Australia in accordance with Administrative Review Tribunal Act 2024, but, where such a document is so sent to the Court, the Court shall do all things necessary to ensure that the contents of the document are not disclosed (otherwise than in accordance with this Act) to any person other than a member of the Court as constituted for the purpose of the proceeding before the Court or a member of the staff of the Court in the course of the performance of his or her duties as a member of that staff.section 187 of the

(6) Subsection (5) does not prevent the Federal Court of Australia from causing the document concerned to be sent to the Federal Circuit and Family Court of Australia (Administrative Review Tribunal Act 2024.Division 2) as mentioned in subsection 187(2) of the

(7) If a document produced in accordance with subsection (1) or (2) is sent to the Federal Circuit and Family Court of Australia (Administrative Review Tribunal Act 2024, the Federal Circuit and Family Court of Australia (Division 2) must do all things necessary to ensure that the contents of the document are not disclosed (otherwise than in accordance with this Act) to any person other than:Division 2) as mentioned in subsection 187(2) of the

(1) Notwithstanding anything contained in this Act or in subsection 6(3) of the Ombudsman Act 1976 but subject to subsection 6(2) of that Act, the exercise of the powers of the Ombudsman under that Act in respect of matters arising under this Act is not precluded or restricted by reason of the rights conferred on persons by this Act to make applications to the Tribunal.

(2) For the purposes of the Ombudsman Act 1976, action taken by the Archives in respect of an application made to the Archives in relation to access to a record is declared to be action taken by the Archives in relation to a matter of administration.

(3) A reference in subsection (2) to action taken by the Archives shall be read as a reference to all such actions as would, for the purposes of the Ombudsman Act 1976, be treated as being action taken by the Archives.

(4) Where a complaint is made to the Ombudsman under the Ombudsman Act 1976 concerning a decision under this Act, an application to the Tribunal for a review of the decision shall not be made before the Ombudsman has informed the applicant of the result of the complaint in accordance with section 12 of that Act.

(5) Notwithstanding anything contained in the Ombudsman Act 1976, a report under that Act in respect of a complaint arising out of an application under this Act shall not contain information of the kind referred to in subsection 39(1) of this Act.

This section applies if:

If this section applies to a decision of the Tribunal, the operation of the decision is stayed by force of this section from the time at which the appeal is instituted.

If the Archives appeals to the Federal Court of Australia from the decision of the Tribunal and the appeal in relation to the decision is determined by the Federal Court of Australia, the stay continues to have effect until the earlier of:

If the Archives appeals to the Federal Court of Australia from the decision of the Tribunal and the appeal in relation to the decision is determined by the Federal Circuit and Family Court of Australia (Division 2), the stay continues to have effect until the earlier of:

Nothing in this section:

The Minister or a person authorized by him or her may, in accordance with arrangements approved by the Prime Minister, cause all records in a particular class of Commonwealth records not in the open access period to be available for public access.

The Minister or a person authorised by the Minister may, in accordance with arrangements approved by the Prime Minister, cause Commonwealth records to be made available to a person in such circumstances as are specified in the regulations notwithstanding that the Commonwealth records concerned are not otherwise available for public access under this Act.

A person commits an offence if:

An arrangement approved by the Prime Minister under subsection (2) shall be recorded in writing, and the Minister shall cause a copy of the arrangement to be made available to the Council.

The Minister shall, not later than 3 months after the commencement of this Part and thereafter at intervals of not more than 3 months, cause to be made available to the Council a statement setting out particulars of:

Where, in the ordinary course of the administration of this Act, access is given to a record as being a record required by this Part to be made available for public access:

Where access to a record is given:

The giving of access to a record (including an exempt record) under this Act shall not be taken, for the purposes of the law relating to defamation or breach of confidence, to constitute an authorization or approval of the publication of the record or of its contents by the person to whom the access was given.