Victorian Consolidated Legislation

Public Records Act 1973 - SECT 10AA

Certain records may be withheld from public inspection

10AA. Certain records may be withheld from public inspection



(1) This section applies to any record the disclosure of which would, or could
reasonably be expected to-

   (a)  cause damage to the security of the Commonwealth or any State or
        Territory; or

   (b)  cause damage to the defence of the Commonwealth; or

   (c)  cause damage to the international relations of the Commonwealth; or

   (d)  endanger the security of any premises within the meaning of the
        Terrorism (Community Protection) Act 2003.

(2) The Minister or the Keeper of Public Records may, by notice published in
the Government Gazette, declare that a specified record or class of record to
which this section applies transferred or to be transferred to the Public
Record Office is, on and from the specified date, to cease to be, or is not to
be, available for public inspection either indefinitely or for the specified
period.

(3) The Minister or the Keeper (as the case requires) may, by instrument,
permit (on any conditions or restrictions specified in the instrument) all or
any of the records covered by this section to be available for inspection by
any person or class of person specified in the instrument.

(4) A person permitted to inspect a record in accordance with subsection (3)
must not contravene any condition or restriction applicable to that
inspection.

Penalty: 5 penalty units.

(5) The Minister may only exercise a power conferred by this section after
consultation with the Minister responsible for the administration of the
public office from which the record was, or is to be, transferred or, if the
case so requires, for the time being exercising the functions to which the
record relates.