(1) Nothing in this Act requires the Archives to accept the care of a Commonwealth record that has not been determined to be part of the archival resources of the Commonwealth under section 3C.
(2) If:
(a) a Commonwealth institution has transferred a Commonwealth record to the care of the Archives; and
(b) the record has not been determined to be part of the archival resources of the Commonwealth under section 3C;
the Archives may:
(c) if another Commonwealth institution has succeeded to the relevant functions of the institution--cause the record to be transferred to the custody of that successor institution, but only in accordance with arrangements agreed to by that successor institution; or
(d) otherwise--cause the record to be transferred to the custody of the institution, but only in accordance with arrangements agreed to by the institution.