New South Wales Consolidated Acts

STATE RECORDS ACT 1998 - SECT 39

39 Power to inspect records believed to be estrays

(1) The Authority may give a direction in writing to a person who has possession or custody of a record that the Authority believes to be an estray directing the person to produce the record for inspection by the Authority at any reasonable time and place determined by the Authority and specified in the direction.

(2) A person who is given such a direction must comply with it.

Maximum penalty: 50 penalty units.

(3) The Authority can make and retain a copy of any record produced to the Authority under this section but the following restrictions apply to such a copy (and any further copy made from it) for 10 years after the record is produced to the Authority:

(a) the Authority must not publish or otherwise publicly release the copy,

(b) the copy is not open to public access under this Act.

(4) The owner of a record can by agreement with the Authority waive (wholly or partly) the restrictions imposed by subsection (3).

(5) This section does not authorise the Authority to infringe any copyright.