142Determination of open access period

142 Determination of open access period (1) At the time a public sector organisation transfers a record to the archives service for inclusion in the Territory Archives, the archives service must (in consultation with the responsible chief executive officer) determine the open access period for the record while it is an archive. (2) The open access period for a record while it is an archive is the period that begins: (a) 30 years after the record was created; or (b) if it is in the public interest – 45 years after the record was created. (3) The archives service may, if requested by the responsible chief executive officer and it is in the public interest, extend the period that is required to expire before an archive is in the open access period for one or more further periods, each of which must not exceed 10 years. (4) The period that is required to expire before an archive is in the open access period (including all extensions of that period under subsection (3)) is not to exceed 100 years. (5) In this section: responsible chief executive officer, in relation to a record or an archive at any time, means the chief executive officer of the public sector organisation that is responsible at that time for the function to which the record or archive relates.