Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) The relevant authority –
(a) is to keep proper records in respect of the business of the Government department, State authority or local authority for which the relevant authority is responsible; and
(b) is to cause all such records to be preserved and accessible until they are dealt with in accordance with this Act; and
(c) may, in the name of the Government department, State authority or local authority, take legal proceedings for the recovery of any such records if the relevant authority no longer has legal custody of them.
(2) Where the State Archivist believes on reasonable grounds that any State records are being kept under control of a relevant authority, the State Archivist may –
(a) after giving not less than 2 days' notice to the authority, enter and inspect any place under the control of that authority or any place at which he believes on reasonable grounds that any such records are being kept;
(b) inspect any State records kept at any place entered pursuant to paragraph (a); and
(c) give advice in writing to the relevant authority with respect to the keeping of any State records under the control of the authority.
(3) Any person who, without lawful justification or reasonable excuse, obstructs the State Archivist in the exercise of the powers conferred by subsection (2)(a) or (b) is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units.
(4) It is the duty of every relevant authority to whom or to which advice is given under subsection (2)(c) to take all reasonable steps to implement the advice.
(5) In subsections (2) and (3) a reference to the State Archivist includes a reference to any State Service officer or State Service employee who is for the time being acting with the authority of the State Archivist.