Sale or other disposal of prescribed records
17 Sale or other disposal of prescribed records
The owner of a prescribed record shall not sell the record otherwise than in accordance with the provisions of this section and shall not in any other way dispose of the record without the consent of the Minister.
S. 17(2) amended by No. 17/2024 s. 20(1).
Before entering into an agreement to sell a prescribed record the owner shall give to the Minister at least seven days notice in writing of the owner's intention to do so.
An agreement to sell a prescribed record—
shall be in writing;
shall set out—
the full name and address of the parties to the agreement;
a description of the record concerned; and
the purchase price of the record; and
shall be subject to the consent of the Minister.
Upon entering into an agreement to sell a prescribed record the owner of the record shall forthwith send a copy of the agreement to the Minister.
Within 30 days after receipt of a copy agreement and after consultation with the Public Records Advisory Council, the Minister by notice in writing—
S. 17(5)(a) amended by No. 17/2024 s. 20(2)(a).
shall advise the owner of the record whether or not the Minister consents to the sale; and
S. 17(5)(b) amended by No. 17/2024 s. 20(2).
where consent is refused, may advise the owner that the Minister intends to acquire the record.
A notice advising of the Minister's intention to acquire a prescribed record shall require the owner to transfer the record to the custody of the Keeper of Public Records within the time, being not less than 14 days, specified in the notice.
Where a prescribed record is acquired by the Minister pursuant to this section the Minister shall out of moneys lawfully available for the purpose pay to the person from whom it is acquired the amount of the purchase price set out in the copy agreement of sale of the record forwarded to the Minister under subsection (4).
S. 17(8) amended by No. 29/1986 s. 8(b).
A person who—
fails to comply with any provision of this section; or
fails to transfer a record to the custody of the Keeper of Public Records in accordance with a requirement of the Minister under this section—
shall be guilty of an offence.
- 5 penalty units.
S. 17(9) inserted by No. 29/1994 s. 84.
A sale or disposal of a prescribed record without the consent of the Minister is void.
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