Transfer of permanent records to the archives service
141 Transfer of permanent records to the archives service
(1AA) A public sector organisation must, within the time provided by this section, transfer a record to the archives service for inclusion in the Territory Archives if the record:
(a) belongs to a class of record which has permanent status under a records retention and disposal schedule; or
(b) having regard to any archives standard, is otherwise a permanent record.
A public sector organisation:
(a) may transfer the record to the archives service for inclusion in the Territory Archives at any time; and
(b) must, subject to this section, transfer the record to the archives service for inclusion in the Territory Archives not later than 30 years after the record was created.
(2) The archives service may, on the application of a public sector organisation and if satisfied the organisation's operations require it, extend the 30-year period for one or more further periods, each of which must not exceed 5 years.
(3) The application is to be in a form approved by the archives service.
The archives service:
(a) must revoke the extension if requested by the public sector organisation; or
may revoke the extension if satisfied:
the operations of the organisation no longer require it; or
(ii) the organisation is not complying with the standards applicable to the organisation for a record that would, apart from the extension, have been transferred to the archives service for inclusion in the Territory Archives.
(5) If the extension is revoked, the public sector organisation must transfer the record to the archives service for inclusion in the Territory Archives as soon as practicable.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.