NSWIn ForceAct
State Records Act 1998
40Directions for protection of estrays
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#### 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—
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> > > (a) sell the record or offer it for sale,
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> > > (b) dispose of the record or part with possession of it,
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> > > (c) remove the record from New South Wales.
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> > (2) A person must not contravene a direction given to the person under this section.
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> > Maximum penalty—50 penalty units.
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> > (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.
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> > (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.
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> **s 40:** Am 2022 No 42, Sch 4\[5\].