New South Wales Consolidated Acts

STATE RECORDS ACT 1998 - SECT 5

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" .