(1)  A Head of Agency is to ensure that the Agency does not dispose of any material that is or might be material of State significance without first giving the Board notice of the intended disposal.

(2)  For the purpose of subsection (1) , the Head of Agency is to presume that material held by the Agency is or might be of State significance unless he or she is satisfied on reasonable grounds that it is not material of State significance.

(3)  The purpose of the notice of intended disposal is to give the Board an opportunity to assess the material to determine if it would be of value to the TMAG collections.

(4)  Within 30 business days after being given the notice of intended disposal (the assessment period ), the Board is to assess the material and determine whether or not it should be acquired for the TMAG collections.

(5)  For the purposes of subsection (4) , during the assessment period, the Head of Agency is required to –

(a) ensure that the Agency retains the material; and

(b) give the Board any information that it may by notice reasonably require concerning the material; and

(c) give members of the Board and TMAG staff (and any expert consultants to TMAG) free and reasonable access to assess the material.

(6)  The Minister, on the written application of the Board made within the assessment period, may extend that period, once, by a period not exceeding 15 business days if he or she is satisfied having regard to the circumstances of a particular case that 30 business days does not give the Board sufficient time in which to properly assess the relevant material.

(7)  If, within 7 business days after the assessment period ends, the Board notifies the Head of Agency that the material is required for the TMAG collections, he or she is to arrange for the material to be transferred to the Board on such terms as the Head of Agency and the Board agree or, if they cannot agree, as the Minister directs.

(8)  If, within 7 business days after the assessment period ends, the Board notifies the Head of Agency that the material is not required for the TMAG collections or it fails to give the Head of Agency any notice in the matter, the Agency may dispose of the material without further reference to the Board.

(9)  For the purpose of this section –

(a) a Head of Agency may at any time ask the Board for a determination as to whether particular material held by the Agency is material of State significance, and the Board may make or arrange for the making of that determination; and

(b) in any case where the Board notifies a Head of Agency that any material held by the Agency is not required for the TMAG collections, it may nevertheless make recommendations to the Head of Agency regarding the suitable disposal of the material if it thinks there is a special need to do so, and the Head of Agency may have regard to those recommendations.

(10)  Nothing in this section is to be taken as affecting –

(a) the operation of the Archives Act 1983 ; or

(b) any law relating to the granting of access to, or the safe disposal of, hazardous material; or

(c) any directory or mandatory disposal of material obligations that an Agency may have under another law of the State or a law of the Commonwealth; or

(d) a specific contractual obligation relating to the disposal of material by an Agency, whether on its own behalf or on behalf of the Crown.

(11)  A Head of Agency is to take reasonable steps to ensure that the Agency's officers and employees, especially those having responsibilities relating to asset management, property and disposals, are aware of the provisions of this section.

(12)  In this section –

Agency means –

(a) a Government department specified in column 1 of Part 1 of Schedule 1 to the State Service Act 2000 ; or

(b) any State authority specified in column 1 of Part 2 of Schedule 1 to the State Service Act 2000 that is declared by the regulations to be an Agency to which this section applies;

assess, material, includes inspecting and examining the material and, as circumstances may require, valuing and establishing the provenance of the material and the non-destructive testing of the material;

business day means a day other than –

(a) a Saturday or Sunday; or

(b) a day that, under the Statutory Holidays Act 2000 , is to be observed as a public holiday throughout Tasmania generally;

Head of Agency has the same meaning as in the State Service Act 2000 ;

material of State significance means material that is or may be of major artistic, cultural, heritage, scientific, technological, archaeological or other importance to the State;

notice of intended disposal means a notice under subsection (1) .