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PUBLIC RECORDS ACT 2002 - SECT 49 Recovery of public records

PUBLIC RECORDS ACT 2002 - SECT 49

Recovery of public records

49 Recovery of public records

(1) This section applies if the archivist believes, on reasonable grounds, that a person is in unlawful possession of public records, including records to which an agreement under section 50 applies.
(2) The archivist may, by written notice given to the person, require the person to give the records to the archivist or someone else stated in the notice within the reasonable time stated in the notice.
(3) The person must comply with the notice, unless the person has a reasonable excuse.
Penalty—
Maximum penalty—40 penalty units.
(4) Also, if the person does not comply with the notice, the archivist may apply to a Magistrates Court for an order directing the person to comply with the notice.
(5) If the Magistrates Court is satisfied the person is in unlawful possession of public records, the court may order the person to give the records to the archivist.
(6) The order is declared to be an order of the court for the Magistrates Courts Act 1921 , section 50 .