Prescribed records—owner to lodge notice of possession
16 Prescribed records—owner to lodge notice of possession
S. 16(1) amended by Nos 29/1994 s. 83(a)(b), 17/2024 s. 23(8)(a).
Where the Minister upon the recommendation of the Keeper of Public Records is satisfied that a record—
would be a public record within the meaning of this Act but for the fact that it is beneficially owned by a person or body other than the Crown or a public office;
is of special historic significance to Victoria; and
should be preserved by the State—
the Minister may by notice published in the Government Gazette declare that record to be a prescribed record for the purposes of this Act.
S. 16(2) amended by No. 29/1986 s. 8(a).
The owner of a prescribed record shall, within 60 days after the record is declared to be a prescribed record or within 60 days after acquiring the record, lodge a notice of possession in or to the effect of the form prescribed with the Keeper of Public Records.
- 1 penalty unit.
The Keeper of Public Records may by notice in writing—
require the owner of a prescribed record to produce the record within 21 days to the Public Record Office for copying; and
S. 16(3)(b) amended by No. 17/2024 s. 23(8)(b).
(b) give any directions in relation to the safe-keeping of the record that in the opinion of the Keeper of Public Records are necessary for its protection or preservation.
S. 16(4) amended by No. 29/1986 s. 8(a).
Where a requirement or direction contained in a notice given under subsection (3) is not complied with the owner of the record concerned, unless the record has been transferred in accordance with this Act to the custody of the Keeper of Public Records, shall be guilty of an offence.
- 1 penalty unit.
S. 16(5) amended by No. 17/2024 s. 23(8)(c).
Where pursuant to a notice under subsection (3) a prescribed record has been produced for copying, the Keeper of Public Records shall not cause or permit any copy of the record retained by the Keeper of Public Records to be published or a facsimile of any such copy to be made by a member of the public.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.