New South Wales Consolidated Acts

STATE RECORDS ACT 1998 - SECT 40

40 Directions for protection of estrays

(1) Museums of History NSW may give any person who has possession or custody of a record that Museums of History NSW believes to be an estray a direction in writing that for a period specified in the direction (not exceeding 90 days) the person must not do any of the following things except with the written permission of Museums of History NSW--

(a) sell the record or offer it for sale,

(b) dispose of the record or part with possession of it,

(c) remove the record from New South Wales.

(2) A person must not contravene a direction given to the person under this section.

: Maximum penalty--50 penalty units.

(3) Museums of History NSW can revoke a direction under this section at any time by notice in writing to the person to whom the direction applies.

(4) If Museums of History NSW takes action in a court of competent jurisdiction on behalf of the State or any public office to recover possession of an estray while the estray is the subject of a direction under this section, the direction remains in force until the action is determined, unless the court otherwise orders or the direction is revoked by Museums of History NSW.