22Protecting records

22 Protecting records (1) An agency must ensure the safekeeping and proper preservation of its records. (2) An agency must ensure that its records that are in someone else’s possession are held under arrangements that provide for the safekeeping, proper preservation and return of the records. (3) If an agency does not have control of a record that it is entitled to control and the record is not held under arrangements mentioned in subsection (2), the agency must take reasonable steps to recover control of the record. (4) Subsection (3) does not apply if the record is under the control of someone else who has a right to control it. 23 Protection measures (1) An agency must not— (a) abandon or dispose of a record; or (b) transfer or offer to transfer, or be a party to arrangements for the transfer of, the possession or ownership of a record; or (c) damage a record; or (d) neglect a record in a way that causes, or is likely to cause, damage to the record. (2) However, an agency does not contravene subsection (1) by doing— (a) anything in accordance with the agency’s normal administrative practice; or (b) anything authorised or required to be done under this Act, or a provision of another Act, or a subordinate law, prescribed under the regulations; or

Part 2 Management and care of records Division 2.4 Protection of records Section 23A page 14 Territory Records Act 2002 Effective: 09/03/26 R25 09/03/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) anything with the written approval of the director or in accordance with a practice or procedure approved by the director; or (d) anything in accordance with a resolution of the Legislative Assembly; or (e) anything in accordance with an order or decision of a court or tribunal. (3) Despite section 23 (1) (b), the director may approve, in writing, the transfer of the possession or ownership of a record of an agency to a public body of the Commonwealth or a State if the director is satisfied on reasonable grounds— (a) that the record is not a record the agency should retain control over; and (b) in relation to any other matter prescribed by regulation for this subsection. Note State includes the Northern Territory (see Legislation Act, dict, pt 1). (4) This section prevails over an Act enacted before the commencement of this section. (5) An Act enacted after the commencement of this section is not to be interpreted as prevailing over or otherwise changing the effect of this section except so far as the Act provides expressly for it to have that effect.