Victorian Consolidated Legislation

Public Records Act 1973 - SECT 2

Definitions and limit of application of the Act

2. Definitions and limit of application of the Act



(1) In this Act unless inconsistent with the context or subject-matter-

prescribed means prescribed by this Act or the Regulations;

prescribed record means a record declared by the Minister pursuant to section
16 to be a prescribed record for the purposes of this Act;





public office means-

   (a)  any department branch or office of the Government of Victoria;

   (b)  any public statutory body corporate or unincorporate;

   (ba) a State owned enterprise within the meaning of the
        State Owned Enterprises Act 1992;

   (c)  any municipal council; and

   (d)  any other local governing body corporate or unincorporate;

public officer means any person employed in a public office;

public record means-

   (a)  any record made or received by a public officer in the course of his
        duties; and

   (b)  any record made or received by a court or person acting judicially in
        Victoria-

but does not include-

   (c)  a record which is beneficially owned by a person or body other than
        the Crown or a public office or a person or body referred to in
        section 2B; or

   (d)  a prescribed record held for the purpose of preservation by a public
        office to which it was transferred before the commencement of the Arts
        Institutions (Amendment) Act 1994 by a person or body other than the
        Crown or a public office; or

   (e)  a record, other than a prescribed record, held for the purpose of
        preservation by a public office to which it was transferred, whether
        before or after the commencement of the Arts Institutions (Amendment)
        Act 1994, by a person or body other than the Crown or a public office;

record means any document within the meaning of the Evidence Act 1958.

(2) The Governor in Council may determine-

   (a)  that any office or body is or is not a public office within the
        meaning of this Act; and

   (b)  that any record is or is not a public record within the meaning of
        this Act-

and notice of any such determination shall be published in the Government
Gazette.

(3) The Governor in Council may by Order published in the Government Gazette
declare that all or any specified provisions of this Act shall not apply to or
in relation to a record or record of a class of records specified in the
Order.



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