sec.17Control of public records when public authority ends

### sec.17 Control of public records when public authority ends This section applies if a public authority (an original authority ) will cease to exist or has ceased to exist. The original authority must give control of any public record of the authority to an entity (the receiving entity ) as follows— if the original authority is a commission of inquiry under the Commissions of Inquiry Act 1950 —the department with responsibility for administering that Act; if the function of the original authority to which the public record relates is to be carried out by another public authority—the other public authority; otherwise—the archivist or another public authority decided by the archivist. However, if the original authority has ceased to exist before control of the public record has been given, the receiving entity must take action to obtain control of the record. For subsection (2) (c) , the archivist must— keep a list, updated from time to time, stating the original authority that has ceased to exist and the public authority decided under the subsection; and publish the list on the archives website. A regulation may prescribe a public authority to be given control of a public record that is different from the receiving entity for the record under subsection (2) . This section does not apply if section 18 applies. (sec.17-ssec.1) This section applies if a public authority (an original authority ) will cease to exist or has ceased to exist. (sec.17-ssec.2) The original authority must give control of any public record of the authority to an entity (the receiving entity ) as follows— if the original authority is a commission of inquiry under the Commissions of Inquiry Act 1950 —the department with responsibility for administering that Act; if the function of the original authority to which the public record relates is to be carried out by another public authority—the other public authority; otherwise—the archivist or another public authority decided by the archivist. (sec.17-ssec.3) However, if the original authority has ceased to exist before control of the public record has been given, the receiving entity must take action to obtain control of the record. (sec.17-ssec.4) For subsection (2) (c) , the archivist must— keep a list, updated from time to time, stating the original authority that has ceased to exist and the public authority decided under the subsection; and publish the list on the archives website. (sec.17-ssec.5) A regulation may prescribe a public authority to be given control of a public record that is different from the receiving entity for the record under subsection (2) . (sec.17-ssec.6) This section does not apply if section 18 applies. - (a) if the original authority is a commission of inquiry under the Commissions of Inquiry Act 1950 —the department with responsibility for administering that Act; - (b) if the function of the original authority to which the public record relates is to be carried out by another public authority—the other public authority; - (c) otherwise—the archivist or another public authority decided by the archivist. - (a) keep a list, updated from time to time, stating the original authority that has ceased to exist and the public authority decided under the subsection; and - (b) publish the list on the archives website.