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PUBLIC RECORDS ACT 1973 - SECT 18 Prescribed records to become property of State upon death of owner

PUBLIC RECORDS ACT 1973 - SECT 18

Prescribed records to become property of State upon death of owner

S. 18(1) amended by No. 29/1994 s. 85(1).

    (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.

S. 18(1A) inserted by No. 29/1994 s. 85(2).

    (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.

S. 18(2) amended by No. 29/1994 s. 85(3).

    (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.

S. 18(4) amended by No. 57/1989 s. 3(Sch. item 168.2).

    (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.

S. 19 amended by Nos 29/1986 s. 8(b), 29/1994 s. 86(1).