Western Australian Current Acts Western Australian Current Acts (1) The Commission is
to establish principles and standards —
(a)
governing record keeping by State organizations; and
(b)
governing contracts or arrangements entered into by State organizations with
persons under which the persons are to perform any aspect of record keeping
for the organizations; and
(c) for
determining which State records should be State archives; and
(d) for
determining which State archives that are government records should be
restricted access archives and the ages at which they should cease to be a
restricted access archive; and
(e) for
determining which State archives should not be transferred to the State
archives collection under section 32(1); and
(f) for
determining the retention periods for State records that are not to be State
archives.
(2) Before
establishing, amending or repealing the principles and standards, the
Commission is to —
(a)
consult such people as the Commission considers desirable and practical to
consult; and
(b) take
into account the impact which the principles and standards may have on the
efficiency and effectiveness of State organizations and endeavour to minimize
any adverse impact.
(3) The principles and
standards —
(a) are
to be published in the Gazette ; and
(b) come
into operation on the day on which they are published in the Gazette or on
such later date as is specified in the principles or standards; and
(c) may
be amended or repealed by the Commission by subsequent principles or
standards.
(4) Section 42 of the
Interpretation Act 1984 applies to and in relation to the principles and
standards as if they were regulations within the meaning of that section.
(5) Subject to
subsection (6), principles or standards have in relation to other Acts and
subsidiary legislation made under them the force of law as if enacted as part
of this Act, but are subject to any regulations made under this Act.
(6) Nothing in
subsection (5) prevents a court from inquiring into, and deciding, whether or
not a principle or standard or any of its provisions —
(a) has
been validly established;
(b) is
inconsistent with a provision of this Act;
(c) is
unrelated to the power conferred by this section to establish principles and
standards,
as if the principle or
standard or its provision were a regulation within the meaning of the
Interpretation Act 1984 .