STATE RECORDS ACT 1997 - SECT 19
STATE RECORDS ACT 1997 - SECT 19
19—Mandatory transfer to State Records' custody
(1) Subject to this
section, an official record of an agency must be delivered into the custody of
State Records (unless sooner delivered to State Records or disposed of in
accordance with this Act)—
(a) when
the agency ceases to require access to the record for current administrative
purposes; or
(b)
during the year occurring 15 years after the record came into existence,
whichever first occurs.
(2) The delivery of
official records into the custody of State Records under this section must be
effected in accordance with arrangements approved by the Manager which may
include arrangements as to—
(a) the
time and place at which the records are to be delivered; and
(b) the
form in which the records are to be delivered; and
(c) the
delivery of, or access to, a device required to reproduce information from the
record.
(3) Delivery of
records into the custody of State Records may be postponed—
(a) in
accordance with record management standards issued by the Manager; or
(b) by
the Manager in order to enable arrangements to be completed for their
appraisal and receipt by State Records; or
(c) with
the Manager's approval, in cases where the Manager is satisfied (after
consultation with the agency) that the records are further required for
current administrative purposes or should be retained for any other special
reason.
(4) If the Manager is
satisfied that an agency has sufficient and adequate facilities for the proper
storage and care of the records, the Manager may exempt all, or a particular
class or classes, of the agency's records from the requirement that they be
delivered into the custody of State Records.
(5) An exemption
granted under subsection (4) may be varied or revoked by the
Manager—
(a) on
the application of the agency; or
(b) if,
on inspection by the Manager, the Manager is no longer satisfied that the
agency has sufficient and adequate facilities for the proper storage and care
of the records concerned.
(6) The preceding
provisions of this section do not apply to records of a court, but the
Governor may direct that specified records of a court be delivered into the
custody of State Records if, after considering submissions (if any) from the
judge or magistrate in charge of the relevant court and the Manager, the
Governor is satisfied that it is advisable to do so.