Queensland Consolidated Acts

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PUBLIC RECORDS ACT 2002 - SECT 16

16 Meaning of restricted access period

(1) Subject to subsection (2), the restricted access period for the following records starts on the day the record is made and ends 30 years after the day of the last action on the record--

(a) a public record classified by a public authority as containing information that potentially is exempt information under the RTI Act, schedule 3, section 3;
Editor's note--
RTI Act, schedule 3, section 3 (Executive Council information)
(b) a Ministerial record;
(c) a record of a Parliamentary Secretary.

(1A) Subject to subsection (2), the restricted access period for a public record classified by a public authority as containing information that potentially is exempt information under the RTI Act, schedule 3, section 2 starts on the day the record is made and ends 20 years after the day of the last action on the record.

Editor's note--
RTI Act, schedule 3, section 2 (Cabinet information brought into existence on or after commencement)

(2) If a public record mentioned in subsection (1) or (1A) is also classified by the responsible public authority for the record as containing information about the personal affairs of an individual, whether living or dead, the restricted access period for the record is the longer of the following periods--

(a) the period starting on the day the record is made and ending--
(i) for a public record mentioned in subsection (1)--30 years after the day of the last action on the record; or
(ii) for a public record mentioned in subsection (1A)--20 years after the day of the last action on the record;
(b) the period starting on the day the record is made and ending on--
(i) if subparagraph (ii) does not apply, the day stated in a written notice given to the archivist by the responsible public authority for the record when the record is given to the archives; or
(ii) the day stated in the latest written notice given, under section 19, to the archivist by the responsible public authority.

(3) The restricted access period for any other public record starts on the day the record is made and ends on--

(a) if paragraph (b) does not apply, the day stated in a written notice given to the archivist by the responsible public authority for the record when the record is given to the archives; or
(b) the day stated in the latest written notice given, under section 19, to the archivist by the responsible public authority.

(4) The day stated in a notice mentioned in subsection (2) or (3) must not be later than--

(a) for a record classified by a public authority as containing information about the personal affairs of an individual, whether living or dead--the last day of the year that is not more than 100 years after the day of the last action on the record; or
(b) for a record classified by a public authority as containing information that potentially is exempt information under the RTI Act, schedule 3, section 7, 8, 9 or 10--the last day of the year that is not more than 65 years after the day of the last action on the record; or
Editor's note--
RTI Act, schedule 3, section 7 (Information subject to legal professional privilege), 8 (Information disclosure of which would found action for breach of confidence), 9 (National or State security information) or 10 (Law enforcement or public safety information)
(c) for another public record--the last day of the year that is not more than 30 years after the day of the last action on the record.

(5) Subsections (1), (1A), (2) and (4)(a) and (b) apply as if the public authority in all cases were an agency under the RTI Act.



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