New South Wales Consolidated Acts

STATE RECORDS ACT 1998 - SECT 45

45 Power of Museums of History NSW to obtain State records of archival significance

(1) Museums of History NSW can apply to a court of competent jurisdiction for an order for possession of a State record that Museums of History NSW considers to be of archival significance and that is in private hands. A State record is taken to be in private hands whenever it is not under the control of a public office. An application can be made whether or not the person who has possession of the record is the owner of the record.

(2) The court is to grant the application if satisfied that the record is a State record, and otherwise is to refuse to grant the application.

(3) When Museums of History NSW obtains possession of a record pursuant to an order under this section, ownership of the record vests in the State freed and discharged from all other estates and interests in the record and Museums of History NSW is entitled to control of the record.

(4) Any person who suffers loss as a result of the extinguishment of any estate or interest in a record by this section is entitled to be paid compensation by Museums of History NSW for the value of that loss.

(5) The amount of that compensation is to be determined by Museums of History NSW but if the person entitled to the compensation is dissatisfied with the Authority's determination the person can apply to a court of competent jurisdiction for a review of the Authority's determination. The court's decision on the review is to be given effect to by Museums of History NSW.

(6) This section applies to a State record whether or not it is an estray. No limitation period operates to bar the rights of Museums of History NSW under this section.