Victorian Consolidated Legislation

Public Records Act 1973 - SECT 17

Sale or other disposal of prescribed records

17. Sale or other disposal of prescribed records



(1) The owner of a prescribed record shall not sell the record otherwise than
in accordance with the provisions of this section and shall not in any other
way dispose of the record without the consent of the Minister.

(2) Before entering into an agreement to sell a prescribed record the owner
shall give to the Minister at least seven days notice in writing of his
intention to do so.





(3) An agreement to sell a prescribed record-

   (a)  shall be in writing;

   (b)  shall set out-

   (i)  the full name and address of the parties to the agreement;

   (ii) a description of the record concerned; and

   (iii) the purchase price of the record; and

   (c)  shall be subject to the consent of the Minister.

(4) Upon entering into an agreement to sell a prescribed record the owner of
the record shall forthwith send a copy of the agreement to the Minister.

(5) Within 30 days after receipt of a copy agreement and after consultation
with the Public Records Advisory Council, the Minister by notice in writing-

   (a)  shall advise the owner of the record whether or not he consents to the
        sale; and

   (b)  where he refuses to consent, may advise the owner that he intends to
        acquire the record.

(6) A notice advising of the Minister's intention to acquire a prescribed
record shall require the owner to transfer the record to the custody of the
Keeper of Public Records within the time, being not less than 14 days,
specified in the notice.

(7) Where a prescribed record is acquired by the Minister pursuant to this
section the Minister shall out of moneys lawfully available for the purpose
pay to the person from whom it is acquired the amount of the purchase price
set out in the copy agreement of sale of the record forwarded to the Minister
under subsection (4).

(8) A person who-

   (a)  fails to comply with any provision of this section; or

   (b)  fails to transfer a record to the custody of the Keeper of Public
        Records in accordance with a requirement of the Minister under this
        section-

shall be guilty of an offence. Penalty: 5 penalty units.

(9) A sale or disposal of a prescribed record without the consent of the
Minister is void.