Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Where the State Archivist obtains possession of records by means of a notice given or proceedings taken under section 12, a prescribed person may make an application in writing to the Minister claiming compensation in respect of deprivation of those records, and, after determining the amount that appears to him to be fair and reasonable in the circumstances, the Minister may, with the approval of the Treasurer, pay that amount to that prescribed person.
(1A) In determining if an amount is fair and reasonable for the purposes of subsection (1), the Minister may –
(a) take into consideration any one or more of the following matters:
(i) the price usually paid by an archival institution, a library or any other public institution collector for similar records;
(ii) the condition of the State records;
(iii) the present or potential future value of the State records for research;
(iv) the importance of the State records, in the context of other records already held or sought by the State Archivist;
(v) the expenses incurred by the person who had possession or control of the State records immediately before the records came into the possession of the State Archivist; and
(b) obtain the opinion of a valuer, appointed under the Income Tax Assessment Act 1997 of the Commonwealth, as to the likely value of the State records.
(2) For the purposes of subsection (1), the following persons are prescribed persons:
(a) in the case of Crown records – the person who had custody or possession of the records immediately before they came into the possession of the State Archivist;
(b) in the case of records other than Crown records –
(i) the person who had custody or possession of the records immediately before they came into the possession of the State Archivist; or
(ii) if that person is not the owner of the records or the State authority or public authority whose records they were, the owner of the records.
(3) If a person who has claimed compensation under subsection (1) is dissatisfied with the amount of compensation determined by the Minister, under that subsection, that person may apply to the Magistrates Court (Administrative Appeals Division) for a review of the determination.
(4) The Magistrates Court (Administrative Appeals Division) has jurisdiction to hear and determine an application under subsection (3) notwithstanding any other law to the contrary.
(5) . . . . . . . .
(6) In addition to its powers under the Magistrates Court (Administrative Appeals Division) Act 2001, the Magistrates Court (Administrative Appeals Division) may –
(a) determine the amount of compensation (if any) that it thinks should be paid to the applicant and make an order directing the Minister to pay to him the amount so determined; or
(b) make an order directing that the amount of compensation payable to the applicant be determined by arbitration under the Commercial Arbitration Act 1986.
(7) An order referred to in subsection (6)(b) shall, for the purposes of applying the Commercial Arbitration Act 1986 to the arbitration that is the subject of the order, be deemed to be a written agreement between the applicant under subsection (3) and the Minister to submit their differences to arbitration.
(8) Where a person who has made an application under this section for compensation in respect of records delivered by him or his predecessor in title to the Archives Office has made a payment for those records to a thief or receiver of stolen goods, either innocently or to preserve those records from harm, then, notwithstanding that he has no proprietary interest in those records, that person may be awarded compensation under this section in respect of the whole or such part of the amount of that payment as the Minister or, as the case may be, the Magistrates Court (Administrative Appeals Division) determines as being appropriate.
(9) . . . . . . . .
(10) . . . . . . . .