QLDIn ForceAct
Public Records Act 2023
sec.24Protection notice for public records
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### sec.24 Protection notice for public records
This section applies if the archivist considers—
that a class of public record relating to a matter is, or is likely to be, reasonably necessary for consideration or examination by an investigative entity; and
that it is not reasonably practicable for the archivist to identify each public record relating to the matter that is authorised for disposal under any disposal authorisation.
The archivist may declare by notice (a protection notice ) published on the archives website that a disposal authorisation for the class of public record is suspended for a particular period.
The protection notice must state—
the class of public record to which the notice applies; and
the day, not earlier than the day the notice is published on the archives website, that the notice takes effect; and
the period for which the notice has effect.
The period mentioned in subsection (3) (c) must be no longer than is reasonably necessary for the investigative entity to investigate or inquire into the matter.
The archivist must take all reasonable steps to ensure a public authority that is likely to be affected by the protection notice is aware of the notice, including, for example, by—
giving the notice to an employee of a public authority responsible for managing the authority’s public records; and
publishing the notice on the archives website.
For applying a provision of this Act, a disposal authorisation is taken not to authorise disposal of a public record in the class of public record to which a protection notice applies for the period the notice has effect.
In this section—
investigative entity means an entity established, or to be established, under a law to investigate or conduct an inquiry into a matter.
a commission of inquiry under the Commissions of Inquiry Act 1950
a Royal Commission under the Royal Commissions Act 1902 (Cwlth)
s 24 amd 2024 No. 53 s 27 sch 1
(sec.24-ssec.1) This section applies if the archivist considers— that a class of public record relating to a matter is, or is likely to be, reasonably necessary for consideration or examination by an investigative entity; and that it is not reasonably practicable for the archivist to identify each public record relating to the matter that is authorised for disposal under any disposal authorisation.
(sec.24-ssec.2) The archivist may declare by notice (a protection notice ) published on the archives website that a disposal authorisation for the class of public record is suspended for a particular period.
(sec.24-ssec.3) The protection notice must state— the class of public record to which the notice applies; and the day, not earlier than the day the notice is published on the archives website, that the notice takes effect; and the period for which the notice has effect.
(sec.24-ssec.4) The period mentioned in subsection (3) (c) must be no longer than is reasonably necessary for the investigative entity to investigate or inquire into the matter.
(sec.24-ssec.5) The archivist must take all reasonable steps to ensure a public authority that is likely to be affected by the protection notice is aware of the notice, including, for example, by— giving the notice to an employee of a public authority responsible for managing the authority’s public records; and publishing the notice on the archives website.
(sec.24-ssec.6) For applying a provision of this Act, a disposal authorisation is taken not to authorise disposal of a public record in the class of public record to which a protection notice applies for the period the notice has effect.
(sec.24-ssec.7) In this section— investigative entity means an entity established, or to be established, under a law to investigate or conduct an inquiry into a matter. a commission of inquiry under the Commissions of Inquiry Act 1950 a Royal Commission under the Royal Commissions Act 1902 (Cwlth)
- (a) that a class of public record relating to a matter is, or is likely to be, reasonably necessary for consideration or examination by an investigative entity; and
- (b) that it is not reasonably practicable for the archivist to identify each public record relating to the matter that is authorised for disposal under any disposal authorisation.
- (a) the class of public record to which the notice applies; and
- (b) the day, not earlier than the day the notice is published on the archives website, that the notice takes effect; and
- (c) the period for which the notice has effect.
- (a) giving the notice to an employee of a public authority responsible for managing the authority’s public records; and
- (b) publishing the notice on the archives website.
- • a commission of inquiry under the Commissions of Inquiry Act 1950
- • a Royal Commission under the Royal Commissions Act 1902 (Cwlth)