40Directions for protection of estrays

40 Directions for protection of estrays

40 Directions for protection of estrays

(1) Museums of History NSW may give any person who has possession or custody of a record that Museums of History NSW believes to be an estray a direction in writing that for a period specified in the direction (not exceeding 90 days) the person must not do any of the following things except with the written permission of Museums of History NSW—

(a) sell the record or offer it for sale,

(b) dispose of the record or part with possession of it,

(c) remove the record from New South Wales.

(2) A person must not contravene a direction given to the person under this section.

Maximum penalty—50 penalty units.

(3) Museums of History NSW can revoke a direction under this section at any time by notice in writing to the person to whom the direction applies.

(4) If Museums of History NSW takes action in a court of competent jurisdiction on behalf of the State or any public office to recover possession of an estray while the estray is the subject of a direction under this section, the direction remains in force until the action is determined, unless the court otherwise orders or the direction is revoked by Museums of History NSW.

s 40: Am 2022 No 42, Sch 4[5].