Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Except as provided by this Part, a person shall not–
(a) destroy or otherwise dispose of a State record; or
(b) transfer, or be a party to arrangements for the transfer of, the custody of a State record; or
(c) transfer, or be a party to arrangements for the transfer of, the ownership of a State record; or
(ca) refuse to provide the State Archivist with the full name and residential address of the person for whom that person is acting as an agent in an arrangement under paragraph (b) or (c) for the transfer of a State record; or
(d) damage or alter a State record.
Penalty:
Fine not exceeding 50 penalty units.(2) Subsection (1) does not –
(a) apply to anything done in accordance with a requirement of any law;
(b) apply to anything done by or with the written permission of the State Archivist or in accordance with a practice or procedure approved in writing by the State Archivist; or
(c) in relation to records that are not in the custody or possession of the relevant authority, apply to anything done for placing those records in the custody or possession of that authority.
(3) . . . . . . . .
(4) . . . . . . . .
(5) For the purpose of applying subsection (1) to a record of a kind used by means of any mechanical or electronic device or equipment, including a computer, any treatment or modification of the record which would prevent there being obtained from the record information or matter that could previously have been obtained from the record shall be deemed to be destruction of the record.
(6) Where a record is disposed of (other than by means of destruction), or a person purports to transfer the custody or ownership of a record, in contravention of a provision of this Act, that disposal or purported transfer shall have no legal effect.
[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]