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Contents (1998 - 17)
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State Records Act 1998 No 17
Current version for 29 June 2018 to date (accessed 24 August 2019 at 02:35)
Part 8
Part 8 Miscellaneous
72   Injunctions to prevent contravention of Act
(1)  If a person has contravened, is contravening or is proposing to contravene a provision of this Act, the Supreme Court may, on the application of the Authority, grant an injunction restraining the person from doing so or requiring the person to do any act or thing necessary to avoid or remedy the contravention.
(2)  The Court may, before considering the application, grant an interim injunction restraining the person from engaging in conduct pending the determination of the application.
(3)  The Court may rescind or vary such an injunction or interim injunction.
(4)  The Authority is not to be required to give any undertaking as to damages or costs in respect of an application under this section.
73   Authority’s duty of confidentiality
(1)  A person who acquires information in the exercise of functions under this Act must not directly or indirectly make a record of the information or divulge it to another person except in the exercise of functions under this Act.
Maximum penalty: 50 penalty units.
(2)  It is not an offence under subsection (1) if, in legal proceedings, a person:
(a)  discloses information in answer to a question that the person is compellable to answer, or
(b)  produces a document or other thing that the person is compellable to produce.
(3)  The provisions of any other Act imposing restrictions or obligations on a person as to secrecy or disclosure of information acquired in the course of the administration of that Act extend to apply to a person who, in the exercise of functions under this Act, gains access to that information as a result of the information having been acquired in the course of the administration of the other Act. For that purpose the person who gains access to the information in the course of the administration of this Act is taken to be a person engaged in the administration of the other Act.
(4)  This section does not prevent or otherwise affect:
(a)  the giving of access to records under Part 6 (Public access to State records after 30 years), or
(b)  the preparation and dissemination of guides and finding aids.
(5)  This section does not apply to the divulging of information to, or to the production of any document or other thing to, any of the following:
(a)  the Independent Commission Against Corruption,
(b)  the Australian Crime Commission,
(c)  the New South Wales Crime Commission,
(d)  the Ombudsman,
(e)  any other person prescribed for the purposes of this section.
74   Personal liability
A matter or thing done by the Authority, the Director, the Board or a member of the Board or any person acting under the direction of the Authority, the Director or the Board, does not, if the matter or thing was done in good faith for the purpose of executing this Act, subject the Director, a member or a person so acting personally to any action, liability, claim or demand.
75   Copying and publishing of State archives
(1)  The Authority has power to make copies of any State archive and to publish any State archive. This power does not override any right in the nature of copyright and does not give the Authority power to do anything that would be an infringement of copyright.
(2)  The Authority may cause a true copy that it has made of a State archive to be certified by the Authority as a true copy and a copy so certified has, for all purposes the same validity and effect as the record of which it is a copy. In particular, a copy so made and certified is admissible in evidence in any legal proceedings as if the copy were the original.
76   Copyright in State archives
The Authority may, with the approval of the Attorney General given either generally or in a particular case or class of cases, exercise on behalf of the Crown any right of the Crown as the owner of copyright subsisting in a State archive.
77   Certificate as to loss or destruction of State record
A certificate given by the Authority to the effect that a specified State record has been lost or destroyed is conclusive evidence of the matter certified.
78   Proceedings for offences
(1)  Proceedings for an offence against this Act or the regulations are to be taken before the Local Court.
(2)  Despite anything in the Criminal Procedure Act 1986, proceedings for an offence against section 21 may be commenced not later than 2 years from when the offence was alleged to have been committed.
Note.
 Section 179 of the Criminal Procedure Act 1986 has the effect that proceedings for an offence against a section of this Act other than section 21, or for an offence against the regulations, may be commenced not later than 6 months from when the offence was alleged to have been committed.
78A   Transferred provision—Olympic Environmental Legacy Archive
(1)  The Authority is to maintain the documents deposited under section 22 of the Sydney 2000 Games Administration Act 2000 (as in force immediately before its repeal) as a discrete part of the State archives, under the name of “The Olympic Environmental Legacy Archive”.
(2)  This Act applies to and in respect of the documents deposited under that section as if those documents were State records no longer in use for official purposes within the meaning of this Act.
(3)  Subsections (1) and (2) re-enact (with minor modifications) section 23 of the Sydney 2000 Games Administration Act 2000. Subsections (1) and (2) are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
79   Savings and transitional provisions
Schedule 3 has effect.
80   (Repealed)
81   Regulations
(1)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2)  Without limiting subsection (1), the Governor may make regulations for or with respect to any one or more of the following:
(a)  exempting a specified public office or class of public offices from the operation of all or specified provisions of Parts 2, 4 and 6 of this Act,
(b)  exempting specified records or records of a specified class or description from the operation of all or specified provisions of Parts 2, 4 and 6 of this Act,
(c)  modifying the operation of specified provisions of Parts 2, 4 and 6 of this Act in their application to specified records or records of a specified class or to a specified public office or specified class of public offices.
82   Review of Act
(1)  The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2)  The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3)  A report of the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.