18.
Commission" (defined to mean "a Commissioner or Commissioners appointed by the Governor-General in the name of the Queen to make inquiry and report upon any matter"[1]), but only from the time when those records are no longer required for the purposes of the Royal Commission[2]. The other comprises "records of which the Commonwealth or a Commonwealth institution has, or is entitled to have, possession" in "cases or circumstances" specified by regulation[3]. In addition, a record "held by or on behalf of the Parliament or a House of the Parliament" is "taken to be the property of the Commonwealth"[4].
45 Part II of the Archives Act specifies the functions and powers of the Archives. The functions of the Archives include to "ensure the conservation and preservation of the existing and future archival resources of the Commonwealth"[5], to "have the care and management of Commonwealth records, other than current Commonwealth records, that … are part of the archival resources of the Commonwealth"[6], and to "make Commonwealth records available for public access" in accordance with Pt V of the Archives Act[7]. By s 5(2)(f), the functions of the Archives also include "to seek to obtain, and to have the care and management of, material (including Commonwealth records) not in the custody of a Commonwealth institution, that forms part of the archival resources of the Commonwealth and, in the opinion of the Director-General, ought to be in the care of the Archives". A record is in the "care" of the Archives if it is in the "custody" of the Archives or in the "custody" of a person under an arrangement with the
