Victorian Consolidated Legislation

Public Records Act 1973 - SECT 18

Prescribed records to become property of State upon death of owner

18. Prescribed records to become property of State upon death of owner



(1) Upon the death of the owner of a prescribed record or, where the owner is
not a natural person, on the expiration of 50 years after acquisition of a
prescribed record, the record shall become the property of the State and shall
be transferred to the custody of the Keeper of Public Records.

(1A) The Minister may extend the period of 50 years referred to in subsection
(1) for one further period of not more than 50 years.

(2) The Minister shall out of moneys lawfully available for the purpose pay
compensation to the owner of the estate of the deceased owner of any
prescribed record transferred to the custody of the Keeper of Public Records
in accordance with this section.

(3) The amount of compensation payable shall be the value of the record as
assessed by an independent valuer appointed by the Minister.

(4) Any dispute as to the amount of compensation may be referred by the
Minister or the claimant to the Magistrates' Court and the decision of the
Court shall be final.