Section 1
This Act may be cited as the Brunei National Arc-Short title hives Act.
Loading…
The full official text, structured for quick navigation. Copy any section or jump straight to it.
Brunei National Archives Act is Brunei Act, cited as Act 116 1984, currently marked in force and first recorded in 1984.
CAP. 116 1
Section
REVISED EDITION 1983
Chapter
Opening note
This Act may be cited as the Brunei National Arc-Short title hives Act.
In this Act, unless the context otherwise requires -
"Director" means a person appointed under section 4 (1);
"Brunei National Archives" means the State
Archives of Brunei established under this Act;
"public archives" means -
which are more than 25 years old;
which are specified by the Director as being of enduring national or historical value or both; and
which have been transferred to the
Brunei National Archives or any such place as the Director may from time to time direct; and
Interpreta-tion 3
4
Establish-ment of
Brunei
National Arc-hives
Management of Archives by the Direc-tor and pow-ers of Direc-tor
Brunei National Archives
any document, book or other material ac-quired for the Brunei National Archives by the
Director;
"public records" means papers, documents, re-cords, registers, printed material, books, maps, plans, drawings, photographs, microfilms, cine-matograph, films and sound recordings of any kind whatsoever, officially received or produced by any public office for the conduct of its affairs or by any officer or employee of a public office in the course of his official duties.
There is hereby established the Brunei National Arc-hives wherein shall be stored and preserved public archives.
The Brunei National Archives shall be managed and controlled by the Director who shall be appointed by
His Majesty the Sult'an and Yang Di-Pertuan; and for the purpose of such management and control it shall be the duty of the Director
subject to the terms and conditions on which they are acquired to reproduce or publish any pub-lic archives;
to examine any records in the custody of a public office and to advise such office as to the care and custody of such records;
-
Brunei National Archives
to accept and preserve any records which are transferred to the Brunei National Archives;
at the request of any administrative head of a public office, to return to that office for such period as may be agreed upon between the Direc-tor and the administrative head and subject to such conditions as the Director may prescribe, the pub-lic records transferred from that office to the
Brunei National Archives;
to acquire by purchase, donation, bequest or otherwise any document, book or other mate-rial which in the opinion of the Director is or is likely to be of enduring nati'onal or historical value; and
to perform such other functions as are necessary for the purpose of the said management and control.
The provisions of paragraph (f) of subsection (1)
shall not be taken to require the Director to return any public records the condition of which does not warrant their removal out of the Brunei National Archives.
Nothing in this section shall be deemed to autho-rise the Director to inspect the contents of any public re-cords that are secret or confidential, except with the consent of the administrative head of the public office having the custody thereof.
( 1) For the purpose of advising the Director on the carrying out of his functions under this Act, there shall be an
Advisory Board consisting of the Director as Chairman and 5 other members to be appointed by the Minister.
The Board shall advise the Director on such mat-ters as the Director may from time to time refer to it and on such matters as the Board may think fit.
Advisory
Board 5
B.L.R.O.l/1984
6
The Director may act in opposition to
Advisory
Board
Appointment of officers
Transfer of public re-cords to
Brunei
National
Archives
Brunei National Archives
Three members of the Board shall form a quorum.
( 4) The Board shall determine its own procedure.
The Director may, after consultation with the Minis-ter, act in opposition to the advice given to him by the
Advisory Board, if in any case he shall think fit to do so, but in such case -
he shall record fully in writing for inclusion in the minutes of the proceedings of the Advisory
Board, the grounds and reasons for his decision;
and
it shall be competent for any member of the
Advisory Board to require that there shall be re-corded in the minutes aforesaid any advice or opin-ion that he may have given upon the question in dispute, and the grounds therefor.
His Majesty may from time to time appoint such officers as are necessary to assist the Director in the carrying out of his function under this Act.
..
Any public records which are more than 25 years old, and any non-current public records which in the opin-ion of the Director are of sufficient value to warrant their preservation, shall be transferred to the Brunei National
Archives.
It shall be lawful for the Director to defer the transfer of any public records to the Brunei National Arc-hives where he is satisfied that by reason of the nature of the
-
-
Brunei National Archives records the immediate transfer would unduly pre judice the administration of any public services or would not be in the public interest.
Any person having possession of any public records shall on demand in writing by the Director, deposit them in the Brunei National Archives (whether it came into his pos-session before or after the passing of this Act).
No person shall without the consent of the Direc-tor destroy or otherwise dispose of, or authorise the destruc-tion or disposal of, any public records which are in his pos-session or under his control.
,.-
Any person intending to destroy or dispose of or to au 'lorise the destruction or disposal of any public records shall first notify the Director of the said intention and shall in such notification specify the nature of the public records in question.
The Director may inspect any public records spe-cified in any notification under subsection (2) and shall if he requires such public records to be made available to him, inform the person making such notification of such require-ment; and such public records shall be made available to the
Director.
7
Puolic re-cords to be surrendered on demand
No officer in any public office may destroy or dispose of public record without the authority of the Director
The Director may authorise the destruction of any Destruction specified classes of public records which
~~fcfsblic re-
by reason of their number, kind or routine nature do not in his opinion possess any enduring value for preservation as public archives; and
are not required for reference purposes in any public office after action on them is completed or after expiration of such period of years from the
B.LR.O.l/1984
8
Access of public to pub-lic archives
Certified
. copy of pub-lic records
Delegation of
Director's powers
Publication of public archives
Brunei National Archives date on which action on them is completed as may be agreed upon between the Director and the administrative head of that public office.
Subject to the condition under which any public re-cords are made available or are deposited in the Brunei
National Archives, public archives shall be made available to the public for the purpose of reference or research, in accordance with any regulations made under this Act.
Any copy of public records or public archives which is certified by the Director as a true copy of the original docu-ment shall be admissible in a court of law.
The Director may from time to time subject to such conditions as he may specify delegate any of his powers under this Act; and any person to whom those powers are delegated may exercise those powers in the same manner and with the same effect as if they had conferred on him by this Act.
Every person purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
Any delegation under this section may be made to a person or class or person by name or office.
( 4) Every delegation under this section may be re-voked by the Director at any time, and such delegation shall not prevent the Director from exercising the powers dele-gated.
No person may publish or reproduce the whole or any part of the contents of any archives or records which have been transferred to the Brunei National Archives ex-cept with the written consent of the Director.
Brunei National Archives
Nothing in this section shall be construed as affecting or extending the law relating to copyright.
9 16.
No person shall without the written permission of the Prohibition
Director take or send out of Brunei any public record or ~~~~~~·~:of bl"
h ·
cords and pu
IC arc IVeS.
archives
The Minister may make regulations for the better Regulations carrying out of the provisions ofthis Act; and without pre-judice to the generality of the foregoing may -
prescribe the fees to be charged by the
Director for the making and certifying of copies of any archives or records in the Brunei National
Archives;
,..
provide for exempting from the payment in whole or in part of any fees for the making and certifying of copies of any public archives or public records in the Brunei National Archives;
provide for the preservation and protection of archives and records in Brunei National Arc-hives and the conduct of visitors thereto;
Any person who contravenes any provision of this Penalties
Act shall be guilty of an offence: Penalty, a fine of $4,000
and imprisonment for 6 months.
The Director shall as soon as practicable each year Annual Re-cause to be inade and transmitted to the Minister a report port dealing with the activities of the Brunei National Archives during the preceding year.
-
If one provision's text doesn't match the official source, use Suggest a fix beside that provision — it opens an editor next to the source document. For anything else — a missing amendment, a broken link, out-of-date content, or a removal request — report it here.