Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) The disapplied provisions do not apply to a record of an agency if 20 years have elapsed since the record, or the original of which it is a copy, came into existence unless, before the end of the 20 years, the director makes a declaration (a section 28 declaration ) under the Territory Records Act 2002 , section 28 that the disapplied provisions apply.
(2) However, if the director makes the declaration, part 4 of this Act (other than an excepted provision) ceases to apply to the record at the end of 20 years after the making of the declaration.
(3) If—
(a) the disapplied provisions do not apply to a record of an agency because 20 years have elapsed since the record, or the original of which it is a copy, came into existence and the director did not make a section 28 declaration before the end of the 20 years; but
(b) the director makes a section 28 declaration in relation to the record after the end of the 20 years;
the disapplied provisions again apply to the record.
(4) However, if the director makes the declaration, part 4 of this Act (other than an excepted provision) does not again apply to the record.
(5) In this section:
"agency"—see the Territory Records Act 2002 , section 7.
"director"—see the Territory Records Act 2002 , dictionary.
"disapplied provisions" means part 3 (other than sections 24 and 26) and part 4.
"excepted provisions" means the following provisions:
(a) section 34 (1) (Documents affecting relations with Commonwealth and States);
(b) section 37 (Documents affecting enforcement of the law and protection of public safety);
(c) section 41 (Documents affecting personal privacy);
(d) section 42 (Documents subject to legal professional privilege);
(e) section 46 (Documents disclosure of which would be contempt of Legislative Assembly or a court).
"record"—see the Territory Records Act 2002 , section 9.