sec.40Refusal in prescribed circumstances

### sec.40 Refusal in prescribed circumstances A regulation may prescribe the circumstances in which the archivist may— refuse a person access to a public record; or restrict access by the public to a public record for a period of more than 100 years. Without limiting subsection (1) , the prescribed circumstances may include— the archivist being satisfied that access to a public record would not, on balance, be in the public interest; and the archivist being satisfied that access to a public record would inappropriately reveal culturally sensitive information or personal information. For applying subsection (1) , the regulation may also prescribe any of the following matters— procedures applying to the archivist refusing or restricting access; matters to be considered by the archivist for refusing or restricting access; maximum periods of time for restricting access. (sec.40-ssec.1) A regulation may prescribe the circumstances in which the archivist may— refuse a person access to a public record; or restrict access by the public to a public record for a period of more than 100 years. (sec.40-ssec.2) Without limiting subsection (1) , the prescribed circumstances may include— the archivist being satisfied that access to a public record would not, on balance, be in the public interest; and the archivist being satisfied that access to a public record would inappropriately reveal culturally sensitive information or personal information. (sec.40-ssec.3) For applying subsection (1) , the regulation may also prescribe any of the following matters— procedures applying to the archivist refusing or restricting access; matters to be considered by the archivist for refusing or restricting access; maximum periods of time for restricting access. - (a) refuse a person access to a public record; or - (b) restrict access by the public to a public record for a period of more than 100 years. - (a) the archivist being satisfied that access to a public record would not, on balance, be in the public interest; and - (b) the archivist being satisfied that access to a public record would inappropriately reveal culturally sensitive information or personal information. - (a) procedures applying to the archivist refusing or restricting access; - (b) matters to be considered by the archivist for refusing or restricting access; - (c) maximum periods of time for restricting access.