Justice and Other Information Disclosure Act 2008
sec.14Disposal of information by receiving agency
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sec.14 Disposal of information by receiving agency
This section applies to— a receiving agency to which information is made available under section 6 , 6C or 9 (the entity ); or an information technology service provider to which information is made available under section 10 (2) (b) (also the entity ). Despite the Public Records Act 2023 , the entity must dispose of the information as soon as practicable if— the information is not required by the entity for the performance of a function of the entity; and it is reasonably practicable for the entity to dispose of the information. Maximum penalty—50 penalty units. Subsection (2) applies to the extent there is no provision of an Act other than the Public Records Act 2023 that regulates the keeping and disposal of the information by the receiving agency. A disposal of a record under this section is an authorised disposal for the Public Records Act 2023 , section 23 . s 14 amd 2017 No. 41 s 27 ; 2023 No. 33 s 107 sch 5 (sec.14-ssec.1) This section applies to— a receiving agency to which information is made available under section 6 , 6C or 9 (the entity ); or an information technology service provider to which information is made available under section 10 (2) (b) (also the entity ). (sec.14-ssec.2) Despite the Public Records Act 2023 , the entity must dispose of the information as soon as practicable if— the information is not required by the entity for the performance of a function of the entity; and it is reasonably practicable for the entity to dispose of the information. Maximum penalty—50 penalty units. (sec.14-ssec.3) Subsection (2) applies to the extent there is no provision of an Act other than the Public Records Act 2023 that regulates the keeping and disposal of the information by the receiving agency. (sec.14-ssec.4) A disposal of a record under this section is an authorised disposal for the Public Records Act 2023 , section 23 .
- (a) a receiving agency to which information is made available under section 6 , 6C or 9 (the entity ); or
- (b) an information technology service provider to which information is made available under section 10 (2) (b) (also the entity ).
- (a) the information is not required by the entity for the performance of a function of the entity; and
- (b) it is reasonably practicable for the entity to dispose of the information.