Western Australian Current Acts

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STATE RECORDS ACT 2000 - SECT 43

43 .         Destruction of archives

        (1)         In this section —

        State archive includes a class of State archives.

        (2)         If the Director is of the opinion that a State archive in the State archives collection (including any reproduction of it) should no longer be retained permanently the Director may apply to the Commission for permission to destroy it.

        (3)         On receipt of such an application, the Commission is to —

            (a)         refer the application to the State organization that had control of the archive before it was transferred to the State archives collection unless that organization has been abolished or has ceased to exist; and

            (b)         refer the application to any other State organization that in the Commission’s opinion has an interest in the archive concerned; and

            (c)         publish in the Gazette and a newspaper circulating generally in the State a notice that gives details of the application and the archive concerned and that invites submissions from the public about the application.

        (4)         An organization to which an application is referred may make a submission to the Commission about the application.

        (5)         After considering the application and any submission received about it, the Commission may grant or refuse it and the Director is to give effect to the decision accordingly.



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