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Information Act 2002
133Protecting records
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133 Protecting records
(1) A public sector organisation must:
(a) implement practices and procedures to safeguard the custody
and ensure proper preservation of its records; and
(b) if any of its records are in the possession, custody or control of
another person – enter into arrangements with the person for
the safekeeping, proper preservation and return of the record.
(2) If a public sector organisation:
(a) is not in control of a record of the organisation; or
(b) is responsible for a record of another public sector
organisation but does not have control of the record;
the organisation must take reasonable steps to recover control of
the record.
(3) Subsection (2) does not apply in relation to a record that:
(a) has been transferred to another public sector organisation or
to the Territory Archives; or
(b) is in the lawful control of another person.