New South Wales Consolidated Acts

STATE RECORDS ACT 1998 - SECT 39

39 Power to inspect records believed to be estrays

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

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

: Maximum penalty--50 penalty units.

(3) Museums of History NSW can make and retain a copy of any record produced to Museums of History NSW 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 Museums of History NSW--

(a) Museums of History NSW 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 Museums of History NSW waive (wholly or partly) the restrictions imposed by subsection (3).

(5) This section does not authorise Museums of History NSW to infringe any copyright.