New South Wales Consolidated Acts
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STATE RECORDS ACT 1998 - SECT 21
21 Protection measures
(1) A person must not:
(a) abandon or dispose of a State record, or
transfer or offer to transfer, or be a party to arrangements for the transfer
of, the possession or ownership of a State record, or
(c) take or send a
State record out of New South Wales, or
(d) damage or alter a State record,
(e) neglect a State record in a way that causes or is likely to cause
damage to the State record.
Maximum penalty: 50 penalty units.
(2) None of
the following is a contravention of this section:
(a) anything done in
accordance with normal administrative practice in a public office (as provided
by section 22),
(b) anything that is authorised or required to be done by or
under this Act, or by or under a provision of any other Act that is prescribed
by the regulations as being an exception to this Part,
(c) anything done by
or with the permission of the Authority or in accordance with any practice or
procedure approved by the Authority either generally or in a particular case
or class of cases (including any practice or procedure approved of under any
standards and codes of best practice for records management formulated by the
(d) anything done pursuant to an order or determination of a
court or tribunal,
(e) the disposal, in accordance with a resolution of a
House of Parliament, of a State record for which the House is the responsible
(f) anything done for the purpose of placing a record under
the control of a public office,
(g) the transfer or disposal, in accordance
with the Members of Parliament Staff Act 2013 , of a record of information
created or received by a political office holder (within the meaning of that
Act) or the staff of such an office holder.
(3) The Authority must not do, or
give permission or approval for or with respect to the doing of, anything
referred to in subsection (1) except with the approval of the Board given
either generally or in a particular case or class of cases.
(4) Anything done
by a person (
"the employee" ) at the direction of some other person given in the course of
the employee’s employment is taken for the purposes of this section not to
have been done by the employee and instead to have been done by that other
(5) It is a defence to a prosecution for an offence under this
section for the defendant to establish that he or she did not know and had no
reasonable cause to suspect that the record was a State record.
section prevails over a provision of any other Act enacted before the
commencement of this section.
(7) An Act enacted after the commencement of
this section is not to be interpreted as prevailing over or otherwise altering
the effect or operation of this section except in so far as that Act provides
expressly for that Act to have effect despite this section.
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