(1)  Where the Minister believes on reasonable grounds that –

(a) a Crown record to which this section applies is in the custody or possession of a person otherwise than as an officer or employee of the Crown; or

(b) a State authority or local authority record to which this section applies is in the custody or possession of a person other than the relevant authority or a person acting under the supervision or direction of the relevant authority –

the Minister may, by notice in writing given by certified mail, require that person to deliver that record to the Archives Office within such period as may be specified in the notice.

(2)  If a person to whom a notice is given under subsection (1) does not comply with the notice within the specified period, the Minister may make an application to the Court for an order directing the delivery to the Archives Office of the record that is specified in the notice.

(3)  No length of time shall bar the rights of the Crown in relation to an application under subsection (2) .

(4)  On the hearing of an application under subsection (2) , the Court may –

(a) make the order that is applied for;

(b) refuse the application; or

(c) order the Minister to deliver a statement of claim on which further proceedings shall be taken in the matter.

(5)  Where the Court makes an order under subsection (4) , it may make such ancillary orders as it thinks appropriate.

(6)  The Minister has, in relation to an application under subsection (2) for the delivery to the Archives Office of a State authority or local authority record to which this section applies, all the rights to which the State authority or local authority concerned would be entitled to exercise in relation to that record.

(7)  In this section –

(a) a reference to a Crown record to which this section applies is a reference to a Crown record, other than a record already deposited in the Archives Office or a record the transfer or disposal of which has been authorized –

(i) under this Act or either of the repealed Acts; or

(ii) in the case of a transfer or disposal of a Crown record outside Tasmania – under an enactment of the Commonwealth, another State, a Territory of Australia, or a country or territory outside Australia corresponding to this Act or expressly by the Governor or a Minister of this State; and

(b) a reference to a State authority or local authority record to which this section applies is a reference to such a record, other than a record already deposited in the Archives Office or record the transfer or disposal of which has been authorized under this Act or either of the repealed Acts.