Commonwealth Numbered Acts

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 13

13. (1) A document shall not be deemed to be a document of an agency for the
purposes of this Act by reason of its being -

   (a)  in the memorial collection within the meaning of the Australian War 
Memorial Act 1980 ;

   (b)  in the collection of library material maintained by the National
        Library
of Australia;

   (c)  material included in the historical material in the possession of the
Museum of Australia; or

   (d)  in the custody of the Australian Archives (otherwise than as a
        document relating to the administration of the Australian Archives),
        if the document was placed in that collection, or in that custody, by
        or on behalf of a person (including a Minister or former Minister)
        other than an agency.

(2) For the purposes of this Act, a document that has been placed in the
custody of the Australian Archives, or in a collection referred to in
sub-section (1), by an agency shall be deemed to be in the possession of that
agency or, if that agency no longer exists, the agency to the functions of
which the document is most closely related.

(3) Notwithstanding sub-sections (1) and (2), records of a Royal Commission
that are in the custody of the Australian Archives shall, for the purposes of
this Act, be deemed to be documents of an agency and to be in the possession
of the Department administered by the Minister administering the Royal 
Commissions Act 1902 .

(4) Nothing in this Act affects the provision of access to documents by the
Australian Archives in accordance with the Archives Act 1982.