QLDIn ForceAct
Public Records Act 2023
sec.18Control of public records when Minister or Assistant Minister ends office or responsibilities
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### sec.18 Control of public records when Minister or Assistant Minister ends office or responsibilities
This section applies if—
a person’s appointment as a Minister or an Assistant Minister ends; or
a person ceases to be a Minister or an Assistant Minister with particular responsibilities.
Control of a relevant public record of the Minister or Assistant Minister must be given to—
if the appointment ended or responsibilities ceased because of a change in the political party governing the office of the Minister or Assistant Minister—the archives; or
if paragraph (a) does not apply and the responsibilities are to be carried out by another public authority, including under another Ministerial portfolio—the other public authority; or
otherwise—the archives.
The entity being given control of the relevant public record must take action to obtain control of the record.
In this section—
relevant public record means a Ministerial record of a Minister or an Assistant Minister—
made or received during the period the Minister or Assistant Minister held office; or
made or received in relation to the responsibilities held by the Minister or Assistant Minister.
responsibilities means—
for a Minister—portfolio responsibilities; or
for an Assistant Minister—official duties.
(sec.18-ssec.1) This section applies if— a person’s appointment as a Minister or an Assistant Minister ends; or a person ceases to be a Minister or an Assistant Minister with particular responsibilities.
(sec.18-ssec.2) Control of a relevant public record of the Minister or Assistant Minister must be given to— if the appointment ended or responsibilities ceased because of a change in the political party governing the office of the Minister or Assistant Minister—the archives; or if paragraph (a) does not apply and the responsibilities are to be carried out by another public authority, including under another Ministerial portfolio—the other public authority; or otherwise—the archives.
(sec.18-ssec.3) The entity being given control of the relevant public record must take action to obtain control of the record.
(sec.18-ssec.4) In this section— relevant public record means a Ministerial record of a Minister or an Assistant Minister— made or received during the period the Minister or Assistant Minister held office; or made or received in relation to the responsibilities held by the Minister or Assistant Minister. responsibilities means— for a Minister—portfolio responsibilities; or for an Assistant Minister—official duties.
- (a) a person’s appointment as a Minister or an Assistant Minister ends; or
- (b) a person ceases to be a Minister or an Assistant Minister with particular responsibilities.
- (a) if the appointment ended or responsibilities ceased because of a change in the political party governing the office of the Minister or Assistant Minister—the archives; or
- (b) if paragraph (a) does not apply and the responsibilities are to be carried out by another public authority, including under another Ministerial portfolio—the other public authority; or
- (c) otherwise—the archives.
- (a) made or received during the period the Minister or Assistant Minister held office; or
- (b) made or received in relation to the responsibilities held by the Minister or Assistant Minister.
- (a) for a Minister—portfolio responsibilities; or
- (b) for an Assistant Minister—official duties.