Western Australian Consolidated Acts

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STATE RECORDS ACT 2000 - SECT 38

38 .         When archives cease to be restricted access archives

        (1)         A State archive that is a restricted access archive and that is not in the State archives collection ceases to be a restricted access archive at the age stated in respect of that archive by the record keeping plan of the government organization that has control of it.

        (2)         A State archive that is a restricted access archive and that is in the State archives collection ceases to be a restricted access archive — 

            (a)         at the age set for that archive by the record keeping plan of the government organization that transferred it to the collection at the time it was transferred; or

            (b)         the age set by the Commission under section 37 or under subsection (4).

        (3)         An application may be made to the Commission for a direction changing the age at which a restricted access archive in the State archives collection ceases to be a restricted access archive by the State organization that transferred the archive to the collection or by an authorized applicant.

        (4)         On such an application the Commission may change the age at which the restricted access archive ceases to be so.

        (5)         The Director must give effect to any direction made by the Commission.



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