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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.