sec.11ARetention and destruction of records

### sec.11A Retention and destruction of records This section does not apply to a record under this Act that is an out-of-session recording. The record on a master recording shall not be destroyed— within the time allowed by law for instituting any appeal or application for a rehearing or review in relation to the legal proceeding in question; or where an appeal or application for a rehearing or review or otherwise in relation to the legal proceeding in question is instituted—until that appeal or application is finally determined or otherwise terminated. Despite subsection (2) , the record on a master recording may be destroyed if the record is a digital recording that has been replicated onto a separate data storage medium. A relevant court or judicial person for a legal proceeding may make— an order that a record under this Act of the proceeding on a master recording be retained for the period, and on the conditions, that the court or judicial person considers appropriate; or if a transcription of a record under this Act of the proceeding has been made, an order authorising the destruction of the record on a master recording (whether or not an order has been made under paragraph (a) ). An order made under subsection (4) (a) in relation to the retention of a record that is a digital recording is taken to be satisfied if the record on the master recording has been replicated onto a separate data storage medium. Subject to subsection (2) and to an order made under subsection (4) , a record on a master recording, other than a record that may be destroyed under subsection (3) , may be destroyed at any time— after a transcription of the record has been made; or before such a transcription has been made if— the legal proceeding so recorded is not one in or before a court of record; or the record is of a legal proceeding in a Magistrates Court and the record may be disposed of under a disposal authorisation given by the archivist under the Public Records Act 2023 , section 20 . A record on a dictation-tape may be destroyed at any time— after a transcription of the record has been made; or as prescribed. In this section— archivist see the Public Records Act 2023 , section 42 (1) . relevant court or judicial person , for a legal proceeding, means a court in which or judicial person before whom— the legal proceeding is being taken; or an application, appeal or other matter relating to the proceeding is being heard or may be heard. s 11A ins 2008 No. 59 s 123 (2)–(7) (prev s 11(4)–(9)) renum and reloc 2008 No. 59 s 122 (7) amd 2010 No. 42 s 214 sch ; 2013 No. 3 s 54 ; 2017 No. 6 s 72 ; 2023 No. 33 s 107 sch 5 (sec.11A-ssec.1) This section does not apply to a record under this Act that is an out-of-session recording. (sec.11A-ssec.2) The record on a master recording shall not be destroyed— within the time allowed by law for instituting any appeal or application for a rehearing or review in relation to the legal proceeding in question; or where an appeal or application for a rehearing or review or otherwise in relation to the legal proceeding in question is instituted—until that appeal or application is finally determined or otherwise terminated. (sec.11A-ssec.3) Despite subsection (2) , the record on a master recording may be destroyed if the record is a digital recording that has been replicated onto a separate data storage medium. (sec.11A-ssec.4) A relevant court or judicial person for a legal proceeding may make— an order that a record under this Act of the proceeding on a master recording be retained for the period, and on the conditions, that the court or judicial person considers appropriate; or if a transcription of a record under this Act of the proceeding has been made, an order authorising the destruction of the record on a master recording (whether or not an order has been made under paragraph (a) ). (sec.11A-ssec.5) An order made under subsection (4) (a) in relation to the retention of a record that is a digital recording is taken to be satisfied if the record on the master recording has been replicated onto a separate data storage medium. (sec.11A-ssec.6) Subject to subsection (2) and to an order made under subsection (4) , a record on a master recording, other than a record that may be destroyed under subsection (3) , may be destroyed at any time— after a transcription of the record has been made; or before such a transcription has been made if— the legal proceeding so recorded is not one in or before a court of record; or the record is of a legal proceeding in a Magistrates Court and the record may be disposed of under a disposal authorisation given by the archivist under the Public Records Act 2023 , section 20 . (sec.11A-ssec.7) A record on a dictation-tape may be destroyed at any time— after a transcription of the record has been made; or as prescribed. (sec.11A-ssec.8) In this section— archivist see the Public Records Act 2023 , section 42 (1) . relevant court or judicial person , for a legal proceeding, means a court in which or judicial person before whom— the legal proceeding is being taken; or an application, appeal or other matter relating to the proceeding is being heard or may be heard. - (a) within the time allowed by law for instituting any appeal or application for a rehearing or review in relation to the legal proceeding in question; or - (b) where an appeal or application for a rehearing or review or otherwise in relation to the legal proceeding in question is instituted—until that appeal or application is finally determined or otherwise terminated. - (a) an order that a record under this Act of the proceeding on a master recording be retained for the period, and on the conditions, that the court or judicial person considers appropriate; or - (b) if a transcription of a record under this Act of the proceeding has been made, an order authorising the destruction of the record on a master recording (whether or not an order has been made under paragraph (a) ). - (a) after a transcription of the record has been made; or - (b) before such a transcription has been made if— (i) the legal proceeding so recorded is not one in or before a court of record; or (ii) the record is of a legal proceeding in a Magistrates Court and the record may be disposed of under a disposal authorisation given by the archivist under the Public Records Act 2023 , section 20 . - (i) the legal proceeding so recorded is not one in or before a court of record; or - (ii) the record is of a legal proceeding in a Magistrates Court and the record may be disposed of under a disposal authorisation given by the archivist under the Public Records Act 2023 , section 20 . - (i) the legal proceeding so recorded is not one in or before a court of record; or - (ii) the record is of a legal proceeding in a Magistrates Court and the record may be disposed of under a disposal authorisation given by the archivist under the Public Records Act 2023 , section 20 . - (a) after a transcription of the record has been made; or - (b) as prescribed. - (a) the legal proceeding is being taken; or - (b) an application, appeal or other matter relating to the proceeding is being heard or may be heard.