19.
Archives[1]. The word "custody" in that context plainly refers to physical custody, meaning simply "physical control" even as a bailee[2].
46 Insofar as an arrangement made in the performance of the function conferred by s 5(2)(f) covers access to records accepted by the Archives under the arrangement, the arrangement attracts the operation of s 6(2), which is in turn qualified by s 6(3). The former provides:
"Where, in the performance of its functions, the Archives enters into arrangements to accept the care of records from a person other than a Commonwealth institution, those arrangements may provide for the extent (if any) to which the Archives or other persons are to have access to those records and any such arrangements have effect notwithstanding anything contained in Division 3 of Part V."
The latter provides:
"Where an arrangement entered into by the Archives to accept the care of records from a person other than a Commonwealth institution relates to a Commonwealth record, then, to the extent that that arrangement, in so far as it relates to such a record, is inconsistent with a provision of Part V, that provision shall prevail."
47 The powers of the Archives enable it to do all things necessary or convenient to be done in connection with the performance of its functions[3]. Specifically included within those powers are to "establish and control repositories or other facilities to house or exhibit" records in its care[4] and to "make arrangements for the acquisition by the Commonwealth of, or of copyright in
- ↑ Section 3(1) of the Archives Act, definition of "care", and s 64 of the Archives Act.
- ↑ cf Federal Commissioner of Taxation v Australia and New Zealand Banking Group Ltd (1979) 143 CLR 499 at 521, 546. See also at 533, 541.
- ↑ Section 6(1) of the Archives Act.
- ↑ Section 6(1)(a) of the Archives Act read with s 3(1) of the Archives Act, definition of "material of the Archives".
