(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 ;
(b) a Ministerial record;
(c) a record of an
Assistant Minister.
(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.
(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
(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 .
