QLDIn ForceAct
Public Records Act 2023
sec.81Recovery of public records
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### sec.81 Recovery of public records
This section applies if the archivist believes, on reasonable grounds, that a person has unlawful custody of—
a public record; or
another record to which an agreement under section 82 applies.
The archivist may, by notice given to the person, require the person to give the record to the archivist, or someone else stated in the notice, within a reasonable period stated in the notice.
The person must comply with the notice, unless the person has a reasonable excuse.
Maximum penalty—40 penalty units.
If the person does not comply with the notice, the archivist may apply to a Magistrates Court for an order directing the person to comply with the notice.
If the Magistrates Court is satisfied the person has unlawful custody of the record, the court may order the person to give the record to the archivist.
The order is declared to be an order of the court for the Magistrates Courts Act 1921 , section 50 .
(sec.81-ssec.1) This section applies if the archivist believes, on reasonable grounds, that a person has unlawful custody of— a public record; or another record to which an agreement under section 82 applies.
(sec.81-ssec.2) The archivist may, by notice given to the person, require the person to give the record to the archivist, or someone else stated in the notice, within a reasonable period stated in the notice.
(sec.81-ssec.3) The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.
(sec.81-ssec.4) If the person does not comply with the notice, the archivist may apply to a Magistrates Court for an order directing the person to comply with the notice.
(sec.81-ssec.5) If the Magistrates Court is satisfied the person has unlawful custody of the record, the court may order the person to give the record to the archivist.
(sec.81-ssec.6) The order is declared to be an order of the court for the Magistrates Courts Act 1921 , section 50 .
- (a) a public record; or
- (b) another record to which an agreement under section 82 applies.