Victorian Consolidated Legislation

Public Records Act 1973 - SECT 16

Prescribed records-owner to lodge notice of possession

16. Prescribed records-owner to lodge notice of possession



(1) Where the Minister upon the recommendation of the Keeper of Public Records
is satisfied that a record-

   (a)  would be a public record within the meaning of this Act but for the
        fact that it is beneficially owned by a person or body other than the
        Crown or a public office;

   (b)  is of special historic significance to Victoria; and

   (c)  should be preserved by the State-

he may by notice published in the Government Gazette declare that record to be
a prescribed record for the purposes of this Act.

(2) The owner of a prescribed record shall, within 60 days after the record is
declared to be a prescribed record or within 60 days after acquiring the
record, lodge a notice of possession in or to the effect of the form
prescribed with the Keeper of Public Records.

Penalty: 1 penalty unit.





(3) The Keeper of Public Records may by notice in writing-

   (a)  require the owner of a prescribed record to produce the record within
        21 days to the Public Record Office for copying; and

   (b)  give any directions in relation to the safe-keeping of the record that
        in his opinion are necessary for its protection or preservation.

(4) Where a requirement or direction contained in a notice given under
subsection (3) is not complied with the owner of the record concerned, unless
the record has been transferred in accordance with this Act to the custody of
the Keeper of Public Records, shall be guilty of an offence.

Penalty: 1 penalty unit.

(5) Where pursuant to a notice under subsection (3) a prescribed record has
been produced for copying, the Keeper of Public Records shall not cause or
permit any copy of the record retained by him to be published or a facsimile
of any such copy to be made by a member of the public.