New South Wales Consolidated Acts
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STATE RECORDS ACT 1998 - SECT 5
Application of Act to State collecting institutions
(1) This Act does not apply to a State record that is a private record in the
collection of a State collecting institution.
(2) A State record that is a
private record in the collection of a State collecting institution ceases to
be a State record if the institution ceases to exist.
(3) Subject to
subsections (4) and (5), Parts 2, 4 and 6 do not apply to a State record taken
into the collection of a State collecting institution, other than a
prescribed State collecting institution, before 1 January 1999.
(4) The
Authority may enter into an agreement with a State collecting institution that
provides that 1 or more provisions of Part 2 that relate to functions
conferred on the Authority apply, with or without modification, to records
taken into the institution's collection before 1 January 1999.
(5) Museums of
History NSW may enter into an agreement with a State collecting institution
that provides that 1 or more provisions of Part 2, 4 or 6 that relate to
functions conferred on Museums of History NSW apply, with or without
modification, to records taken into the institution's collection before 1
January 1999.
(6) If a provision of this Act would otherwise require Museums
of History NSW to enter into an agreement with, or obtain the consent of,
Museums of History NSW, the agreement is taken to have been entered into, or
the consent obtained, without further steps needing to be taken.
(7) In this
section--
"private record" means a record that is only a State record because it was
taken into the collection of a State collecting institution in the
circumstances set out in section 3(1), definition of
"State record" .
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