QLDIn ForceAct
Public Records Act 2023
sec.31When restricted access period has effect
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### sec.31 When restricted access period has effect
The restricted access period for a public record starts at the beginning of the day the last action happened for the record.
However, subsection (3) applies if—
the day the last action happened is unable to be worked out for the public record; or
the recording of information for the public record is ongoing.
The archivist and the responsible public authority for the public record may agree on the day, as stated in the restricted access notice, that the restricted access period starts.
The day mentioned in subsection (3) must not reduce a period of time mentioned in schedule 2 , part 2 for information contained in the public record.
The restricted access period ends at the end of the day on which the period stated in the restricted access notice has elapsed.
If the stated period is 30 years starting at the beginning of the day on 1 January 2024, the period ends at the end of the day on 31 December 2053 and the public record is no longer restricted from the beginning of the day on 1 January 2054.
In this section—
last action , for a public record—
means the last action of recording information for the record; but
does not include an action that involves accessing or moving the record, or editing information for the record, in a way that does not affect the integrity of the record.
placing a public record on a file
migrating a public record to a new computer system
(sec.31-ssec.1) The restricted access period for a public record starts at the beginning of the day the last action happened for the record.
(sec.31-ssec.2) However, subsection (3) applies if— the day the last action happened is unable to be worked out for the public record; or the recording of information for the public record is ongoing.
(sec.31-ssec.3) The archivist and the responsible public authority for the public record may agree on the day, as stated in the restricted access notice, that the restricted access period starts.
(sec.31-ssec.4) The day mentioned in subsection (3) must not reduce a period of time mentioned in schedule 2 , part 2 for information contained in the public record.
(sec.31-ssec.5) The restricted access period ends at the end of the day on which the period stated in the restricted access notice has elapsed. If the stated period is 30 years starting at the beginning of the day on 1 January 2024, the period ends at the end of the day on 31 December 2053 and the public record is no longer restricted from the beginning of the day on 1 January 2054.
(sec.31-ssec.6) In this section— last action , for a public record— means the last action of recording information for the record; but does not include an action that involves accessing or moving the record, or editing information for the record, in a way that does not affect the integrity of the record. placing a public record on a file migrating a public record to a new computer system
- (a) the day the last action happened is unable to be worked out for the public record; or
- (b) the recording of information for the public record is ongoing.
- (a) means the last action of recording information for the record; but
- (b) does not include an action that involves accessing or moving the record, or editing information for the record, in a way that does not affect the integrity of the record. Examples of actions for paragraph (b) — • placing a public record on a file • migrating a public record to a new computer system
- • placing a public record on a file
- • migrating a public record to a new computer system
- • placing a public record on a file
- • migrating a public record to a new computer system