New South Wales Consolidated Acts

STATE RECORDS ACT 1998 - SECT 46

46 Directions to protect State records of archival significance

(1) Museums of History NSW may give a person who has possession or custody of a record a protection direction for the record if the record is or is proposed to be the subject of an application under section 45. The direction remains in force while the application is pending (unless revoked sooner) but a protection direction given before the application is made lapses if the application is not made within 30 days after the direction is given.

(2) A protection direction for a record is a direction in writing that a person must not sell the record or offer it for sale, must not dispose of the record or part with possession of it and must not remove the record from New South Wales, except with the written permission of Museums of History NSW.

(3) When an application under section 45 is pending in respect of a record, Museums of History NSW may give a person who has possession or custody of the record a direction in writing requiring the person to give custody of the record to Museums of History NSW pending the determination of the application.

(4) A person given a direction under this section must not contravene it unless the court before which the relevant application is pending orders otherwise.

: Maximum penalty--50 penalty units.

(5) Museums of History NSW may revoke a direction under this section at any time by notice in writing.