81.
government", and particularly the executive[1]. In this secondary sense, the Commonwealth connotes the "organizations or institutions of government in accordance with the conceptions of ordinary life" including "government owned and controlled instrumentalities"[2]. Such organisations can be, but need not be, entities with a legal corpus or body.
The instrumental use of "Commonwealth institutions" in the Archives Act
216 The central focus of the Archives Act is upon Commonwealth institutions of government in accordance with the conceptions of ordinary life. An object of the Archives Act is "overseeing Commonwealth record-keeping, by determining standards and providing advice to Commonwealth institutions"[3]. The functions of the Archives include, in broad terms, promoting the "creation, keeping and management of current Commonwealth records" "by providing advice and other assistance to Commonwealth institutions"[4]. The archival resources of the Commonwealth are defined in terms relating to "the legal basis, origin, development, organization or activities of the Commonwealth or of a Commonwealth institution"[5] and "a person who is, or has at any time been, associated with a Commonwealth institution"[6]. The Archives has power to "chronicle and record matters relating to the structure and functioning of Commonwealth institutions"[7] and, on request, to "assist Commonwealth institutions in the training of persons responsible for the keeping of current Commonwealth records"[8]. For the purposes of the Archives Act, the Archives is entitled to full and free access, at all reasonable times, to all Commonwealth
- ↑ Quick and Garran, The Annotated Constitution of the Australian Commonwealth (1901) at 368; Lumb, "'The Commonwealth of Australia' – Constitutional Implications" (1979) 10 Federal Law Review 287 at 289.
- ↑ Deputy Commissioner of Taxation v State Bank (NSW) (1992) 174 CLR 219 at 230–231. See also Bank Nationalisation Case (1948) 76 CLR 1 at 362–363.
- ↑ Archives Act, s 2A(a)(iii).
- ↑ Archives Act, s 5(2)(c).
- ↑ Archives Act, s 3(2)(b).
- ↑ Archives Act, s 3(2)(c).
- ↑ Archives Act, s 6(1)(d).
- ↑ Archives Act, s 6(1)(j).
