Western Australian Consolidated Acts

STATE RECORDS ACT 2000 - SECT 8

8 .         Application to former government organizations

        (1)         In this section —

        former organization means a government organization that is abolished or that ceases to be a government organization.

        (2)         A government organization that is about to become a former organization is to notify the Director accordingly.

        (3)         Subject to Part 4, control of a government record kept by a former organization is to be taken —

            (a)         if there is only one successor to the former organization — by that successor;

            (b)         if there are 2 or more successors to the former organization — by the successor that takes over the function to which the record most closely relates;

            (c)         if a person that is not a government organization takes over the function of the former organization to which the record relates — by that person; or

            (d)         if the functions of the former organization are not taken over by any person — by a government organization designated by the Minister.

        (4)         A government organization that takes control of a government record from a former organization must keep that record in accordance with the former organization’s record keeping plan until the organization’s own record keeping plan is amended.

        (5)         If a person that is not a government organization takes control of a government record from a former organization — 

            (a)         the person is to be taken to be a government organization for the purposes of this Act; and

            (b)         the former organization’s record keeping plan is to be taken to be the person’s record keeping plan.

        (6)         This section is subject to any express provision in a written law about the records of a former organization.