Libraries Act 1984 (TAS)

Libraries Act 1984

An Act to provide for the establishment, maintenance, and management of library services in Tasmania and to repeal the Libraries Act 1943

[Royal Assent 21 December 1984]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART IPreliminary1Short titleThis Act may be cited as the Libraries Act 1984 . 2CommencementThis Act shall commence on the day fixed by proclamation under section 2 (2) of the Tasmanian State Service Act 1984 . 3Interpretation [Section 3 Amended by No. 14 of 1994, s. 4 ][Section 3 Amended by No. 30 of 1995, s. 3 and Sched. 1 ]In this Act, unless the contrary intention appears –[Section 3 Amended by No. 53 of 2000, s. 4, Applied:14 Jul 2000] Board means the Tasmanian Library Advisory Board constituted under section 11 ; book means any book, periodical, newspaper, printed matter, map, plan, music, manuscript, picture, print, motion picture, sound recording, photographic negative or print, microphotograph, video recording, and any other matter or thing whereby words, sounds, or images are recorded or reproduced; [Section 3 Amended by No. 65 of 2003, s. 8, Applied:01 Jul 2004] functions includes duties; guidelines means guidelines issued by the Minister under section 9A (1) ; library service means a service provided by the State Library Service; Management Committee means the Allport Library and Museum of Fine Arts Management Committee established under section 19 ; [Section 3 Amended by No. 53 of 2000, s. 4, Applied:14 Jul 2000] Secretary means the Secretary of the Department; service includes resource and facility; State Library Service means the system of libraries and library services operated throughout the State and established by this Act; Trust means the State Library and Archives Trust established under section 16 . 4State Library Service [Section 4 Amended by No. 14 of 1994, s. 5 ]For the purpose of providing, promoting, and advancing, a library service in Tasmania there is established a State Library Service. PART II[Part II Heading substituted by No. 14 of 1994, s. 6 ]State Library ServiceDivision 1[Part II, Div. 1 Heading inserted by No. 14 of 1994, s. 6 ]Functions and powers of Secretary5Appointment of persons [Section 5 Subsection (4) amended by No. 14 of 1994, s. 7 ] (1)  [Section 5 Subsection (1) omitted by No. 14 of 1994, s. 7 ].  .  .  .  .  .  .  .   (2)  [Section 5 Subsection (2) omitted by No. 5 of 1990, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .   (3)  [Section 5 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] Subject to and in accordance with the State Service Act 2000 , persons may be appointed or employed for the purposes of this Act. (4)  [Section 5 Subsection (4) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 5 Subsection (4) amended by No. 5 of 1990, s. 3 and Sched. 1 ]The Secretary may make arrangements with the Head of a State Service Agency for State Service officers and State Service employees employed in that Agency to be made available to assist the Secretary for the purposes of this Act and such officers and employees may, in conjunction with State Service employment, serve the State Library Service in any capacity. (5)  [Section 5 Subsection (5) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The services of any State Service officer or State Service employee employed in the State Library Service may be used for the purposes of the library services of any Agency, within the meaning of the State Service Act 2000 , or of any council, society, institution, or body. (6)  [Section 5 Subsection (6) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] While the services of any State Service officer or State Service employee are being used as provided in subsection (5) , that officer or employee shall, for all purposes, be deemed to remain a State Service officer or State Service employee. 6Functions of Secretary (1)  [Section 6 Subsection (1) amended by No. 14 of 1994, s. 8 ]The functions of the Secretary under this Act are as follows: (a) to provide library services in the State; (b) to co-ordinate, direct, and control the management of the State Library Service in the State; (c) subject to the Archives Act 1983 , to collect and make available for use by the public books relating to the history and development of the State; (d) to undertake the care and control of – (i) any land or premises occupied for the purposes of the State Library Service; and (ii) the books and other personal property in the ownership or possession of the State Library Service; (e) such other functions as the Minister may, from time to time, determine. (2)  [Section 6 Subsection (2) amended by No. 14 of 1994, s. 8 ]The Secretary shall take such measures as he considers necessary to ensure the provision of an efficient library service in the State. 7Powers of Secretary [Section 7 Subsection (3) amended by No. 30 of 1995, s. 3 and Sched. 1 ] (1)  [Section 7 Subsection (1) amended by No. 14 of 1994, s. 9 ]The Secretary may do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of his functions under this Act. (2)  [Section 7 Subsection (2) amended by No. 14 of 1994, s. 9 ] Subsection (1) is not limited by any other provision of this Act conferring a power on the Secretary. (3)  [Section 7 Subsection (3) amended by No. 14 of 1994, s. 9 ]The Secretary has power, for or in connection with the performance of his functions – (a) to make arrangements with the Parliamentary Library Committee for the provision of legislative reference services and other library services for the officers and members of Parliament; (b) [Section 7 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] to make arrangements with any Agency, within the meaning of the State Service Act 2000 , or any other body, for the purpose of providing libraries and library services for that Agency or body on such terms and conditions as may be agreed from time to time; (c) to make arrangements with local authorities for the purpose of providing libraries and library services for officers and employees of such authorities on such terms and conditions as may be agreed from time to time; (d) to lend or make available to any person, society, institution, or body, on such terms and conditions as he thinks fit, any books or other personal property, other than property referred to in clause 4 of Schedule 5 , of which he has the care and control; (e) to provide, on such terms and conditions as the Minister may determine, library services in addition to those referred to above, as may be desirable; (f) to provide, on such terms and conditions as the Minister may determine, acquisition, cataloguing, and processing services, consultative and advisory services, and information services, to any library in the State; (g) to permit any person, society, institution, or body, on and subject to such terms as he may determine, to make use of any premises under his control; (h) to receive or purchase any books or other personal property for the purposes of this Act; (i) to accept the transfer to the State of any library on such terms and conditions as the Minister agrees; (j) subject to section 18 , to dispose of by way of sale, exchange, or otherwise, books or other personal property no longer required for the purposes of this Act on such terms and conditions as the Minister may determine; and (k) to collate and disseminate information relating to libraries and library services. 8Consultation by Secretary [Section 8 Amended by No. 14 of 1994, s. 10 ]Before exercising any of his powers under this Act, the Secretary may consult with – (a) the Board; (b) [Section 8 Amended by No. 53 of 2000, s. 5, Applied:14 Jul 2000] .  .  .  .  .  .  .  .   (c) any relevant committee appointed under this Act; (d) [Section 8 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] any Head of a State Service Agency; (e) any public or local authority; or (f) any other person or body. Division 2[Part II, Div. 2 Heading inserted by No. 14 of 1994, s. 11 ]Fees and municipal contributions9Library services to be free except in certain cases [Section 9 Repealed by No. 5 of 1990, s. 3 and Sched. 1 ][Section 9 Inserted by No. 14 of 1994, s. 11 ]Except as provided by sections 9A and 9B , the services of the State Library Service are to be provided free of charge. 9AMinister may issue guidelines for charging library fees [Section 9A Inserted by No. 14 of 1994, s. 11 ] (1) The Minister may, in accordance with this section, issue guidelines for the charging of fees for certain library services. (2) The guidelines – (a) are to be prepared in accordance with the criteria set out in Schedule 4A ; and (b) may provide for any matter specified in the guidelines to be from time to time determined, applied or regulated by the Secretary; and (c) may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the guidelines; and (d) are to specify the date on which they are issued. (3)  [Section 9A Subsection (3) amended by No. 53 of 2000, s. 6, Applied:14 Jul 2000] The Minister must afford the Board a reasonable opportunity to make representations in respect of the guidelines before they are issued. (4) The Secretary must – (a) cause a copy of the guidelines to be kept in the public area of each building or mobile facility from which library services are provided to the public; and (b) ensure that any library user who wishes to do so may inspect the guidelines free of charge in that building or mobile facility. (5) The Secretary may cause the guidelines to be published from time to time in each or any newspaper that is published and circulated generally in Tasmania or in the Gazette. (6) Any person may make representations to the Minister in respect of the guidelines. (7) The Minister may, not more frequently than once in each 12 month period, revoke the guidelines and issue new guidelines in accordance with this section. (8) Guidelines are not statutory rules within the meaning of the Rules Publication Act 1953 . 9BSecretary may charge library fees in accordance with guidelines [Section 9B Inserted by No. 14 of 1994, s. 11 ] (1)  In this section prescribed library service means a library service specified in the guidelines as a library service in respect of which a fee may be charged. (2) The Secretary may, in accordance with the guidelines, charge or authorize the charging of a fee for the provision of a prescribed library service. (3) The Secretary may determine, in a case to which subsection (2) applies, that the service is not to be provided until the person requesting the service pays or agrees to pay for that service within a specified time and in a specified manner. (4) If the amount of a fee charged for the provision of a library service is not paid within the time specified for its payment it may be recovered, from the person who requested the service, as a debt due to the Crown. 9CReview of charges [Section 9C Inserted by No. 14 of 1994, s. 11 ] (1) A person who is of the opinion that a fee charged for a library service provided to that person is not in accordance with the guidelines may apply to the Secretary to have the charge or the amount of the fee reviewed. (2)  An application under subsection (1) is to be – (a) in writing; and (b) made within 21 days after the date on which the applicant was advised or notified of the charge. (3)  On receiving an application under subsection (1) , the Secretary – (a) may make, or cause to be made, such enquiries in respect of the application as the Secretary considers necessary or appropriate; and (b) must, after considering any matters put by the applicant and having regard to the guidelines, make a determination in respect of the application. (4)  For the purposes of subsection (3) , the Secretary may make a determination to – (a) affirm the charging of a fee; or (b) authorize a partial refund of a fee; or (c) authorize a full refund of a fee. (5) Nothing in this section authorizes the Secretary to increase the amount of a fee charged for a library service consequent on a review of that fee. (6)  A determination under subsection (3) is to be made as soon as practicable and in any event not later than 21 days after the application is received by the Secretary. (7) The Secretary is to give an applicant written notice of a determination and any refund due to the applicant within 14 days after the date of the determination. (8) The Secretary is not required to comply with this section in respect of an application if – (a) the Secretary reasonably determines that the application is vexatious or trivial; and (b) the Secretary notifies the applicant of that determination. (9) The Secretary is to cause notice of the rights of library users under this section and section 9A (4) (b) to be displayed in a conspicuous position in the public area of each building or mobile facility from which library services are provided to the public. 10PART III[Part III Heading substituted by No. 14 of 1994, s. 13 ]Tasmanian Library Advisory Board11Tasmanian Library Advisory Board (1) There is constituted by this Act a Board to be known as the Tasmanian Library Advisory Board. (2)  [Section 11 Subsection (2) substituted by No. 14 of 1994, s. 14 ][Section 11 Subsection (2) amended by No. 88 of 1995, s. 41 and Sched. 1 ]The Board consists of – (a) a chairperson nominated by the Minister; and (b) [Section 11 Subsection (2) amended by No. 53 of 2000, s. 8, Applied:14 Jul 2000] 4 persons nominated by the Minister from a list of names representing a mix of urban and rural interests submitted by the Local Government Association of Tasmania of whom  – (i) at least one is from the northern area; and (ii) at least one is from the north-western area; and (iii) at least one is from the southern area; and (c) 4 persons nominated by the Minister to represent the interests of users of the State Library Service; and (d) the person for the time being holding, in the Department, an office or position nominated by the Secretary; and (e) [Section 11 Subsection (2) amended by No. 53 of 2000, s. 8, Applied:14 Jul 2000] a person nominated by the Minister from the northern area to represent the interests of users from that area; and (f) [Section 11 Subsection (2) amended by No. 53 of 2000, s. 8, Applied:14 Jul 2000] a person nominated by the Minister from the north-western area to represent the interests of users from that area; and (g) [Section 11 Subsection (2) amended by No. 53 of 2000, s. 8, Applied:14 Jul 2000] a person nominated by the Minister from the southern area to represent the interests of users from that area. (3)  [Section 11 Subsection (3) amended by No. 53 of 2000, s. 8, Applied:14 Jul 2000] [Section 11 Subsection (3) substituted by No. 14 of 1994, s. 14 ]The members referred to in subsection (2)(a) , (b) , (c) , (e) , (f) and (g) are appointed by the Governor. (4)  [Section 11 Subsection (4) substituted by No. 14 of 1994, s. 14 ]The Minister may require the body referred to in subsection (2) (b) to submit a list of names within a specified period, being a period of not less than 6 weeks. (5)  [Section 11 Subsection (5) inserted by No. 14 of 1994, s. 14 ]If the body referred to in paragraph (b) of subsection (2) fails to comply with subsection (4) the Minister may nominate persons for the purposes of that paragraph. (6)  [Section 11 Subsection (6) substituted by No. 14 of 1994, s. 14 ]If the body referred to in paragraph (b) of subsection (2) changes its name, the Governor may, by order, amend that paragraph by substituting the body’s new name. (7)  [Section 11 Subsection (7) substituted by No. 14 of 1994, s. 14 ]If the body referred to in paragraph (b) of subsection (2) ceases to exist, the Governor, on the recommendation of the Minister may, by order, amend that paragraph by substituting the name of a body which the Governor is satisfied substantially represents the interests represented by the first-mentioned body. (7A)  [Section 11 Subsection (7A) inserted by No. 14 of 1994, s. 14 ][Section 11 Subsection (7A) substituted by No. 53 of 2000, s. 8, Applied:14 Jul 2000] The membership of the Board is to reflect a mix of urban and rural interests. (8)  [Section 11 Subsection (8) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] A member of the Board is not, as such, subject to the State Service Act 2000 , but a State Service officer or State Service employee may hold office as a member of the Board in conjunction with State Service employment. (8A)  [Section 11 Subsection (8A) inserted by No. 14 of 1994, s. 14 ]The Secretary, at the invitation of the Board or otherwise, may attend any meeting of the Board. (9)  Schedule 1 has effect with respect to the membership and meetings of the Board. 12Functions of Board [Section 12 Amended by No. 100 of 1986, s. 5 ][Section 12 Amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 12 Amended by No. 14 of 1994, s. 15 ]The functions of the Board are as follows: (a) [Section 12 Amended by No. 53 of 2000, s. 9, Applied:14 Jul 2000] to consider and report on matters referred to it by the Secretary; (b) to advise the Minister and the Secretary on the administration of this Act; (c) to advise the Minister and the Secretary on such other matters as it thinks fit; (d) to make recommendations to the Minister in respect of such matters as it thinks fit or in respect of such matters as the Minister may require; (e) to advise the Minister and the Secretary on policies affecting the delivery of library services; (ea) to advise the Minister and the Secretary on issues affecting the provision of reference and information services by the State Library Service including, in particular, the public’s right of access to information and ideas; (f) to submit to the Secretary as soon as practicable after 30th June in each financial year, a report of its affairs and activities in relation to that financial year. 131415PART IVState Library and Archives Trust16State Library and Archives Trust (1) There is established by this Act a Trust to be known as the State Library and Archives Trust. (2)  [Section 16 Subsection (2) amended by No. 14 of 1994, s. 19 ]The Trust shall consist of 5 persons of whom – (a) one person shall be the chairman of the Board who shall be the chairman of the Trust; (b) one shall be a person nominated by the Public Trustee; (c) one shall be a person who, in the opinion of the Minister, has knowledge of and experience in law; (d) one shall be the person for the time being holding, in the Department, an office or position nominated by the Secretary; and (e) one shall be the State Archivist. (3) The members of the Trust referred to in subsection (2) (b) and (c) shall be appointed by the Minister. (4)  If a nomination required by subsection (2) (b) is not made within 30 days after it is required to be made, the Minister may appoint a person as a member of the Trust. (5)  [Section 16 Subsection (5) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] A member of the Trust is not, as such, subject to the State Service Act 2000 , but a State Service officer or State Service employee may hold office as a member of the Trust in conjunction with State Service employment. (6)  Schedule 3 has effect with respect to the membership and meetings of the Trust. 17Powers of the Trust (1) The Trust may, with the approval of the Minister, acquire on behalf of the Crown by gift, bequest, or devise any property for the purposes of this Act and may agree to any condition to which any such gift, bequest, or devise may be subject. (2) The rule of equity known as the rule against perpetuities or the rule against remoteness of vesting does not apply to a condition to which a gift, bequest, or devise is subject and to which the Trust has agreed. (3)  [Section 17 Subsection (3) omitted by No. 15 of 2001, Sched. 2, Applied:01 Jul 2001] .  .  .  .  .  .  .  .   (4)  This section does not apply to any gift, bequest, or devise of any property to the Allport Library and Museum of Fine Arts referred to in the Allport Library and Museum of Fine Arts Agreement Act 1966 . 17APower of Trust to authorize Public Trustee or trustee company as custodian trustee [Section 17A Inserted by No. 100 of 1986, s. 6 ] (1) The Trust may, with the approval of the Minister, authorize The Public Trustee or a trustee company to hold any property of the Trust as a custodian trustee. (2) The Public Trustee or a trustee company shall deal with any property of the Trust held by it as a custodian trustee pursuant to subsection (1) in accordance with the Trustee Companies Act 1953 but subject to such directions as the Trust may determine from time to time. (3)  [Section 17A Subsection (3) amended by No. 20 of 1995, s. 5 and Sched. 3 ]In this section – The Public Trustee has the meaning assigned to that expression in the Public Trustee Act 1930 ; trustee company has the meaning assigned to that expression in the Trustee Companies Act 1953 . 18Functions of Trust [Section 18 Amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 18 Amended by No. 14 of 1994, s. 20 ]The functions of the Trust are as follows: (a) to administer any property acquired by it by gift, bequest, or devise according to the terms, if any, of the instrument which gives effect to any such gift, bequest, or devise; (b) to ensure that any condition to which such a gift, bequest, or devise is subject is complied with; and (c) to submit to the Secretary, as soon as practicable after 30th June in each financial year, a report of its affairs and activities in relation to that financial year. PART VAllport Library and Museum of Fine Arts Management Committee19Allport Library and Museum of Fine Arts Management Committee (1) There is established by this Act a Management Committee to be known as the Allport Library and Museum of Fine Arts Management Committee. (2)  [Section 19 Subsection (2) amended by No. 14 of 1994, s. 21 ]The Management Committee shall consist of 5 members of whom – (a) 2 persons shall be nominated by the trustees of the will of Henry Allport referred to in the Allport Library and Museum of Fine Arts Agreement Act 1966 ; (b) one person shall be nominated by the Trustees of the Tasmanian Museum; (c) one shall be a person who, in the opinion of the Minister, has knowledge or expertise in rare books or fine arts; and (d) one shall be the person for the time being holding, in the Department, an office or position nominated by the Secretary. (3)  Of the 2 persons nominated pursuant to subsection (2) (a) , at least one shall be one of the trustees of the will of Henry Allport referred to in the Allport Library and Museum of Fine Arts Agreement Act 1966 . (4) The members of the Management Committee referred to in subsection (2) (a) , (b) , and (c) shall be appointed by the Minister. (5)  If a nomination required by subsection (2) is not made within 30 days after the relevant body is required to make the nomination, the Minister may appoint a person as a member of the Management Committee to represent that body. (6)  [Section 19 Subsection (6) substituted by No. 86 of 2000, Sched. 1, Applied:01 May 2001] A member of the Management Committee is not, as such, subject to the State Service Act 2000 , but a State Service officer or State Service employee may hold office as a member of the Management Committee in conjunction with State Service employment. (7) The members of the Management Committee shall elect one of their number to be chairman of the Committee. (8)  Schedule 4 has effect with respect to the membership and meetings of the Management Committee. 20Powers of Management Committee (1) The Management Committee may, with the approval of the Minister, acquire by gift, bequest, or devise any property for the benefit of the Management Committee and may agree to any condition to which any such gift, bequest, or devise may be subject. (2) The rule of equity known as the rule against perpetuities or the rule against remoteness of vesting does not apply to a condition to which a gift, bequest, or devise is subject and to which the Management Committee has agreed. (3)  [Section 20 Subsection (3) omitted by No. 15 of 2001, Sched. 2, Applied:01 Jul 2001] .  .  .  .  .  .  .  .   (4) Any gift, bequest, or devise acquired by the Management Committee pursuant to this section shall not be deemed to be a gift, bequest, or devise to or for the benefit of the Crown. 21Functions of Management Committee [Section 21 Amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 21 Amended by No. 14 of 1994, s. 22 ]The functions of the Management Committee are as follows: (a) to administer the funds and property of the Allport Library and Museum of Fine Arts and of the Allport Bequest referred to in the Allport Library and Museum of Fine Arts Agreement Act 1966 ; (b) to give effect to the provisions and general purpose of the will of Henry Allport referred to in that Act; (c) to submit to the Secretary as soon as practicable after 30th June in each financial year, a report of its affairs and activities in relation to that financial year. 21APower of Management Committee to authorize Public Trustee or trustee company as custodian trustee [Section 21A Inserted by No. 100 of 1986, s. 7 ] (1) The Management Committee may, with the approval of the Minister, authorize The Public Trustee or a trustee company to hold any property of the Management Committee as a custodian trustee. (2) The Public Trustee or a trustee company shall deal with any property of the Management Committee held by it as a custodian trustee pursuant to subsection (1) in accordance with the Trustee Companies Act 1953 but subject to such directions as the Management Committee may determine from time to time. (3)  [Section 21A Subsection (3) amended by No. 20 of 1995, s. 5 and Sched. 3 ]In this section – The Public Trustee has the meaning assigned to that expression in the Public Trustee Act 1930 ; trustee company has the meaning assigned to that expression in the Trustee Companies Act 1953 . PART VIMiscellaneous22Certain books to be delivered to Secretary (1)  [Section 22 Subsection (1) amended by No. 14 of 1994, s. 23 ]The publisher of every book published in the State shall, within one month after the publication of that book, deliver at his own expense a copy of that book to the Secretary. (2) The copy of a book delivered pursuant to subsection (1) shall – (a) in the case of a printed book, be a copy of the whole book with all maps and illustrations belonging thereto, coloured, finished, and bound in the same manner as the best copies of the book are published and on the best paper on which the book is printed; or (b) in the case of any other book, be the best copy published. (3)  [Section 22 Subsection (3) amended by No. 14 of 1994, s. 23 ]The Secretary shall give a written receipt for every book delivered pursuant to subsection (1) , but in the case of a periodical publication it shall be sufficient if a receipt is given in the month of January for all copies delivered during a period of 12 months ending on the immediately preceding 31st December. (4)  A receipt under subsection (3) shall be prima facie evidence that the publisher has complied with the requirements of this section. (5) The Governor may make regulations exempting from the provisions of this section any book or class of books. (6)  [Section 22 Subsection (6) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A publisher of a book who fails to comply with the provisions of this section is guilty of an offence and is liable on summary conviction to a fine not exceeding 2 penalty units. 22AVesting of T. M. Crisp Memorial Collection in Trust [Section 22A Inserted by No. 100 of 1986, s. 8 ]The collection endowed to the State Library in 1969 and known as the T. M. Crisp Memorial Collection and all the rights and interests in, and custody, management, and control of, that collection which immediately before the commencement of this Act vested in the Crown, shall vest in and belong to the Trust. 23Regulations (1)  The Governor may make regulations for the purposes of this Act. (2)  [Section 23 Subsection (2) amended by No. 14 of 1994, s. 24 ]Without limiting subsection (1) , the regulations may – (a) regulate the use of any land or premises under the care and control of the Secretary for the purposes of this Act so as to protect fittings, furniture, and contents of the land or premises; (b) regulate the conduct of persons using a library administered under this Act; (c) prescribe the conditions subject to which and the circumstances in which a person may be removed or excluded from any such land or premises; (d) prescribe the terms and conditions subject to which a person may read any book of a library administered under this Act; and (e) prescribe penalties in respect of failure to comply with, or contravention of, regulations made under this Act. (3)  Regulations under subsection (1) may be made subject to such conditions, or be made so as to apply differently according to such factors, as may be specified in the regulations or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified. (4)  [Section 23 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Regulations under subsection (1) may provide that it is an offence, punishable on summary conviction, for a person to contravene or fail to comply with, any of the regulations and may provide in respect of any such offence for the imposition of a fine not exceeding 5 penalty units and, in the case of a continuing offence, a further fine not exceeding 0·1 penalty unit for each day during which the offence continues. (5)  A regulation under subsection (1) may authorize any matter or thing to be from time to time determined, applied, or regulated by any person or body specified in the regulation. 24Allocation of penalties [Section 24 Substituted by No. 14 of 1994, s. 25 ] (1)  In this section – [Section 24 Subsection (1) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] account means the State Library Service (Overdue Fines) Account continued under subsection (2) ; penalty means a penalty prescribed under section 23 (2) (e) as a penalty payable in respect of the late return of a book borrowed from the State Library Service. (2)  [Section 24 Subsection (2) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] There is established in the Public Account an account called the State Library Service (Overdue Fines) Account. (3) There is to be paid into the account the amount of any penalty paid to the State Library Service. (4) The money standing to the credit of the account from time to time is, subject to the approval of the Treasurer, to be used to buy books for the State Library Service. 25Transitional and savings provisionsThe provisions set out in Schedule 5 have effect with respect to transitional provisions and savings. 26RepealThe Acts specified in Schedule 6 are repealed. Schedule 1Provisions with Respect to Membership and Meetings of Tasmanian Library Advisory Board

Section 11

1.   Interpretation [Schedule 1 Clause 1 amended by No. 14 of 1994, s. 26 ]In this Schedule – appointed member means a member of the Board referred to in paragraphs (a) to (c) of section 11 (2) ; Board means the Tasmanian Library Advisory Board established under section 11 ; member means a member of the Board. 2.   Terms of office (1)An appointed member shall be appointed for such term, not exceeding 3 years, as is specified in the instrument of his appointment. (2)An appointed member shall, if qualified, be eligible for re-appointment for such term or terms, not exceeding 3 years, as is specified in the instrument of his re-appointment. 3.   Provisions relating to members (1)Where, by or under any Act, provision is made requiring the holder of an office to devote the whole of his time to the duties of his office, that provision shall not operate to disqualify him from holding that office and also the office as a member or from accepting and retaining any remuneration payable to a member under clause 4 . (2)The office of a member shall not, for the purposes of any Act, be deemed to be an office of profit under the Crown. 4.   Remuneration of members [Schedule 1 Clause 4 amended by No. 29 of 1984, s. 3 and Sched. 1 ][Schedule 1 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] Each member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Governor may from time to time determine, but no such determination shall apply in respect of a State Service officer or State Service employee without the approval of the Head of the State Service Agency in which that officer or employee is employed. 5.   Appointment of substitute to act during absence of chairperson [Schedule 1 Clause 5Subclause (1) amended by No. 14 of 1994, s. 26 ] (1)The Minister may appoint any person (including a member other than the chairperson) to act in the office of the chairperson or appoint any person to act in the office of a member other than the chairperson while the chairperson or that member, as the case may be, is absent from his office through illness or any other cause. (2)A member other than the chairperson shall, for the purposes of subclause (1) , be deemed to be absent from his office if he is acting in the office of the chairperson pursuant to subclause (1) . (3)A member shall, for the purposes of subclause (1) , be deemed to be absent from his office if there is a vacancy in that office which has not been filled in accordance with clause 7 . (4)No person shall be concerned to inquire whether or not any occasion has arisen requiring or authorizing a person to act in the office of a member, and all things done or omitted to be done by that person while so acting shall be as valid, and shall have the same consequences, as if they had been done or omitted to be done by that member. 6.   Vacation of office [Schedule 1 Clause 6Subclause (3) substituted by No. 14 of 1994, s. 26 ] (1)The office of an appointed member becomes vacant – (a) when he dies; (b) if he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors, or makes an assignment of his remuneration or estate for their benefit; (c) if he is absent from 3 consecutive ordinary meetings of the Board of which he is a member of which reasonable notice has been given to him, either personally or in the ordinary course of post, unless on leave granted by the Minister or, unless, before the expiration of 4 weeks after the last of those meetings, he is excused by the Minister for his absence from those meetings; (d) [Schedule 1 Amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] if he becomes unable to perform competently the duties of the office; (e) if he is convicted in this State of an offence which is punishable by imprisonment for 12 months or upwards, or if he is convicted elsewhere than in this State of an offence which, if committed in this State, would be a crime or an offence so punishable, or has been convicted, whether in this State or elsewhere, of a crime or offence for which he has been sentenced to imprisonment; (f) if he is convicted of an offence against this Act; (g) if he resigns his office by writing under his hand addressed to the Governor and the Governor accepts the resignation; or (h) if he is removed from office by the Governor under subclause (2) . (2)The Governor may remove an appointed member from office for misbehaviour or incompetence. (3)[Schedule 1 Amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] The Governor may remove from office a member referred to in section 11 (2) (b) if the Governor, on the advice of the Minister, is satisfied that the member is no longer qualified to represent the Local Government Association of Tasmania and the Governor may appoint a person nominated by the Minister, from a list of names submitted by that Association, to fill the office for the remainder of the term for which the member removed from office was appointed. (4)[Schedule 1 Amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] The Minister must not advise the removal of a member under subclause (3) except on the recommendation of the Local Government Association of Tasmania. (5)The provisions of sections 11 (4) and (5) apply to a nomination under subclause (3) in the same manner as if it were a nomination under section 11 (2) (b) . 7.   Filling of casual vacancies On the occurrence of a vacancy in the office of an appointed member, the Governor may appoint a person to the vacant office for the balance of his predecessor’s term of office. 8.   Validity of proceedings, &c. (1)No act or proceeding of the Board or of any person acting pursuant to any direction of the Board is invalidated or prejudiced by reason only of the fact that at the time when the act or proceeding was done, taken, or commenced, there was a vacancy in the office of a member. (2)All acts and proceedings of the Board or of any person acting pursuant to any direction of the Board are, notwithstanding the subsequent discovery of any defect in the appointment of any member or that any person was disqualified from acting as, or incapable of being, a member, as valid as if that member had been duly appointed and was qualified to act as, or capable of being, a member, and as if the Board had been fully constituted. 9.   Presumptions In any proceedings by or against the Board, unless evidence is given to the contrary, no proof shall be required of – (a) the constitution of the Board; (b) any resolution of the Board; (c) the appointment of any member; or (d) the presence of a quorum at any meeting of the Board. 10.   Convening of meetings of the Board [Schedule 1 Clause 10 amended by No. 14 of 1994, s. 26 ]Meetings of the Board may be convened by the chairperson of the Board or by any 3 members of the Board. 11.   Procedure at meetings [Schedule 1 Clause 11Subclause (1) amended by No. 14 of 1994, s. 26 ] (1)Seven members of the Board shall form a quorum at any duly convened meeting of the Board. (2)Any duly convened meeting of the Board at which a quorum is present shall be competent to transact any business of the Board. (3)A question arising at a meeting of the Board shall be determined by a majority of votes of the members of the Board present and voting, and in the event of an equality of votes, the matter stands adjourned to the next meeting of the Board at which, if there is an equality of votes, the matter shall be deemed to have passed in the negative. 12.   Chairperson [Schedule 1 Clause 12 amended by No. 14 of 1994, s. 26 ] (1)The chairperson of the Board shall preside at all meetings of the Board at which he is present. (2)If the chairperson of the Board is not present at a meeting of the Board, a member of the Board elected by the members present shall preside at that meeting. 13.   General procedure The procedure for the calling of, and for the conduct of business at, meetings of the Board shall, subject to any procedure that is specified in this Schedule, be as determined by the Board. Schedule 2Schedule 3Provisions with Respect to Membership and Meetings of State Library and Archives Trust

Section 16

1.   Interpretation In this Schedule – Trust means the State Library and Archives Trust established under section 16 ; appointed member means a member of the Trust referred to in section 16 (2) (b) or (c) ; member means a member of the Trust. 2.   Terms of office (1)An appointed member shall be appointed for such term, not exceeding 3 years, as is specified in the instrument of his appointment. (2)An appointed member shall, if qualified, be eligible for re-appointment for such term or terms, not exceeding 3 years, as is specified in the instrument of his re-appointment. 3.   Provisions relating to members (1)Where, by or under any Act, provision is made requiring the holder of an office to devote the whole of his time to the duties of his office, that provision shall not operate to disqualify him from holding that office and also the office as a member of the Trust or from accepting and retaining any remuneration payable to a member under clause 4 . (2)The office of a member shall not, for the purposes of any Act, be deemed to be an office of profit under the Crown. 4.   Remuneration of members [Schedule 3 Clause 4 amended by No. 29 of 1984, s. 3 and Sched. 1 ][Schedule 3 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] Each member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Governor may from time to time determine, but no such determination shall apply in respect of a State Service officer or State Service employee without the approval of the Head of the State Service Agency in which that officer or employee is employed. 5.   Vacation of office [Schedule 3 Clause 5Subclause (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Schedule 3 Clause 5Subclause (1) amended by No. 14 of 1994, s. 28 ] (1)The office of an appointed member becomes vacant – (a) when he dies; (b) if he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors, or makes an assignment of his remuneration or estate for their benefit; (c) if he is absent from 3 consecutive ordinary meetings of the Council of which he is a member of which reasonable notice has been given to him, either personally or in the ordinary course of post, unless on leave granted by the Secretary or, unless, before the expiration of 4 weeks after the last of those meetings, he is excused by the Secretary for his absence from those meetings; (d) [Schedule 3 Amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999] .  .  .  .  .  .  .  .   (e) if he is convicted in this State of an offence which is punishable by imprisonment for 12 months or upwards, or if he is convicted elsewhere than in this State of an offence which, if committed in this State, would be a crime or an offence so punishable, or has been convicted, whether in this State or elsewhere, of a crime or offence for which he has been sentenced to imprisonment; (f) if he is convicted of an offence against this Act; (g) if he resigns his office by writing under his hand addressed to the Governor and the Minister accepts the resignation; or (h) if he is removed from office by the Minister under subclause (2) . (2)The Minister may remove an appointed member from office for misbehaviour or incompetence. 6.   Filling of casual vacancies On the occurrence of a vacancy in the office of an appointed member, the Minister may appoint a person to the vacant office for the balance of his predecessor’s term of office. 7.   Validity of proceedings, &c. (1)No act or proceeding of the Trust or of any person acting pursuant to any direction of the Trust is invalidated or prejudiced by reason only of the fact that at the time when the act or proceeding was done, taken, or commenced, there was a vacancy in the office of a member. (2)All acts and proceedings of the Trust or of any person acting pursuant to any direction of the Trust are, notwithstanding the subsequent discovery of any defect in the appointment of any member or that any person was disqualified from acting as, or incapable of being, a member, as valid as if that member had been duly appointed and was qualified to act as, or capable of being, a member, and as if the Trust had been fully constituted. 8.   Presumptions In any proceedings by or against the Trust, unless evidence is given to the contrary, no proof shall be required of – (a) the constitution of the Trust; (b) any resolution of the Trust; (c) the appointment of any member; or (d) the presence of a quorum at any meeting of the Trust. 9.   Convening of meetings [Schedule 3 Clause 9 amended by No. 14 of 1994, s. 28 ]The chairman of the Trust shall convene a meeting of the Trust not less than twice in each period of 12 months, or whenever required to do so by the Secretary. 10.   Procedure at meetings (1)Three members shall form a quorum at any duly convened meeting of the Trust. (2)Any duly convened meeting of the Trust at which a quorum is present shall be competent to transact any business of the Trust. (3)Questions arising at a meeting of the Trust shall be determined by a majority of votes of the members present and voting. 11.   Chairman (1)The chairman of the Trust shall preside at all meetings of the Trust at which he is present. (2)If the chairman of the Trust is not present at a meeting of the Trust, a member elected by the members present shall preside at that meeting. 12.   General procedure The procedure for the calling of, and for the conduct of business at, meetings of the Trust shall, subject to any procedure that is specified in this Schedule, be as determined by the Trust. Schedule 4Provisions with Respect to Membership and Meetings of Allport Library and Museum of Fine Arts Management Committee

Section 19

1.   Interpretation In this Schedule – appointed Member means a member of the Management Committee referred to in section 19 (2) (a) , (b) , or (c) ; member means a member of the Management Committee. 2.   Terms of office (1)An appointed Member shall be appointed for such term, not exceeding 3 years, as is specified in the instrument of his appointment. (2)An appointed Member shall, if qualified, be eligible for re-appointment for such term or terms, not exceeding 3 years, as is specified in the instrument of his re-appointment. 3.   Provisions relating to members (1)Where, by or under any Act, provision is made requiring the holder of an office to devote the whole of his time to the duties of his office, that provision shall not operate to disqualify him from holding that office and also the office as a member of the Management Committee or from accepting and retaining any remuneration payable to a member under clause 4 . (2)The office of a member shall not, for the purposes of any Act, be deemed to be an office of profit under the Crown. 4.   Remuneration of members [Schedule 4 Clause 4 amended by No. 29 of 1984, s. 3 and Sched. 1 ][Schedule 4 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] Each member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Governor may from time to time determine, but no such determination shall apply in respect of a State Service officer or State Service employee without the approval of the Head of the State Service Agency in which that officer or employee is employed. 5.   Vacation of office [Schedule 4 Clause 5Subclause (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Schedule 4 Clause 5Subclause (1) amended by No. 14 of 1994, s. 29 ] (1)The office of an appointed Member becomes vacant – (a) when he dies; (b) if he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors, or makes an assignment of his remuneration or estate for their benefit; (c) if he is absent from 3 consecutive ordinary meetings of the Management Committee of which he is a member of which reasonable notice has been given to him, either personally or in the ordinary course of post, unless on leave granted by the Secretary or, unless, before the expiration of 4 weeks after the last of those meetings, he is excused by the Secretary for his absence from those meetings; (d) [Schedule 4 Amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999] .  .  .  .  .  .  .  .   (e) if he is convicted in this State of an offence which is punishable by imprisonment for 12 months or upwards, or if he is convicted elsewhere than in this State of an offence which, if committed in this State, would be a crime or an offence so punishable, or has been convicted, whether in this State or elsewhere, of a crime or offence for which he has been sentenced to imprisonment; (f) if he is convicted of an offence against this Act; (g) if he resigns his office by writing under his hand addressed to the Governor and the Minister accepts the resignation; or (h) if he is removed from office by the Minister under subclause (2) . (2)The Minister may remove a member from office for misbehaviour or incompetence. 6.   Filling of casual vacancies On the occurrence of a vacancy in the office of an appointed member, the Minister may appoint a person to the vacant office for the balance of his predecessor’s term of office. 7.   Validity of proceedings, &c. (1)No act or proceeding of the Management Committee or of any person acting pursuant to any direction of the Management Committee is invalidated or prejudiced by reason only of the fact that at the time when the act or proceeding was done, taken, or commenced, there was a vacancy in the office of a member. (2)All acts and proceedings of the Management Committee or of any person acting pursuant to any direction of the Management Committee are, notwithstanding the subsequent discovery of any defect in the appointment of any member or that any person was disqualified from acting as, or incapable of being, a member, as valid as if that member had been duly appointed and was qualified to act as, or capable of being, a member, and as if the Management Committee had been fully constituted. 8.   Presumptions In any proceedings by or against the Committee, unless evidence is given to the contrary, no proof shall be required of – (a) the constitution of the Management Committee; (b) any resolution of the Management Committee; (c) the appointment of any member; or (d) the presence of a quorum at any meeting of the Management Committee. 9.   Convening of meetings [Schedule 4 Clause 9 amended by No. 14 of 1994, s. 29 ]The chairman of the Management Committee shall convene a meeting of the Management Committee not less than once in each period of 6 months, or whenever required to do so by the Secretary. 10.   Procedure at meetings (1)Three members shall form a quorum at any duly convened meeting of the Management Committee. (2)Any duly convened meeting of the Management Committee at which a quorum is present shall be competent to transact any business of the Management Committee. (3)Questions arising at a meeting of the Management Committee shall be determined by a majority of votes of the members present and voting. 11.   Chairman (1)The chairman of the Management Committee shall preside at all meetings of the Management Committee at which he is present. (2)If the chairman of the Management Committee is not present at a meeting of the Management Committee, a member elected by the members present shall preside at that meeting. 12.   General procedure The procedure for the calling of, and for the conduct of business at, meetings of the Management Committee shall, subject to any procedure that is specified in this Schedule, be as determined by the Management Committee. Schedule 4ACriteria for Preparation of Guidelines

Section 9A

1.   Basic library services (1)No fee is to be charged for the provision of a basic library service. (2)Basic library services include, but are not limited to, the following services: (a) membership of the State Library Service; (b) access to the public areas of library buildings and mobile libraries; (c) access to catalogues in respect of the reference and lending collections; (d) access to books of the reference and lending collections for use on library premises; (e) the borrowing of books from the lending collection; (f) primary assistance to locate information or sources of information; (g) if the facility is available – the home delivery by volunteers of books from the lending collection to sick or disabled persons; (h) if the facility is available – the use of library buildings for study purposes. 2.   Practical library services (1)A fee may be charged for the provision of a practical library service. (2)Practical library services include, but are not limited to, the following services: (a) photocopying; (b) hiring of meeting rooms, auditoriums or theaterettes. 3.   Value-added library services (1)A fee may be charged for the provision of a value-added library service. (2)Value-added library services are those services which, through some action on the part of the State Library Service, provide a library user with an additional level or degree of benefit to that which is already available to the library user free of charge as a basic library service. (3)The additional benefit will typically be in the form of either increased convenience or time saved for the library user or in the provision of a product that the library user may retain for his or her personal use. (4)A value-added library service may typically involve or require – (a) the allocation of library staff for an extended period of time; or (b) the allocation of more than one member of the library staff; or (c) extensive research on the part of library staff; or (d) the provision to the library user of notes, synopses, bibliographies or other explanatory material; or (e) the provision to the library user of material that is likely to be of commercial benefit. 4.   Administrative and policy criteria (1)Fees charged for library services are to be calculated, as far as it is reasonably possible to do so, according to the principle of cost recovery. (2)A fee for a library service may be charged in accordance with – (a) an hourly rate; or (b) a set charge for a specified service; or (c) an agreement made between the State Library Service and the library user – or by any combination of those methods. (3)The guidelines may provide that a class of persons specified in the guidelines is – (a) not to be charged a fee for library services or a specified library service; or (b) charged a discounted fee for library services or a specified library service. (4)The requirement to pay a fee for a library service is to be made known to the library user before the service is provided. (5)Notwithstanding subclause (4) , the guidelines may provide that where a person is being provided with a free library service a fee may be charged for the continued provision of that service after a certain time if – (a) it is apparent that the service is no longer a basic library service; and (b) the person is advised accordingly. (6)A charge for a library service is to be made at the time, or as soon as practicable and in any event not later than 14 days after, the service is provided. (7)A library user may, in such circumstances as may be specified in the guidelines, pay for a library service in advance. (8)A library user who is charged a fee for a library service is, in such circumstances as may be specified in the guidelines, to be provided with an invoice in respect of that service. (9)A library user who is charged a fee for a library service is to be provided with a receipt on payment of the fee. Schedule 5Transitional Provisions and Savings

Section 25

1.   Interpretation In this Schedule – proclaimed date means the day fixed by proclamation under section 2 ; Tasmanian Library Board means the Board constituted under section 5 of the Libraries Act 1943 . 2.   Transfer of property, &c., to Crown On and from proclaimed date – (a) all real and personal property, other than the property referred to in clauses 3 and 4 and all rights and interests in that property and all management and control of that property that immediately before that date vested in or belonged to the Tasmanian Library Board shall vest in and belong to the Crown; (b) all money and liquidated and unliquidated claims that, immediately before that date, was or were payable to or recoverable by the Tasmanian Library Board shall be money and liquidated and unliquidated claims payable to or recoverable by the Crown; and (c) all debts, money, and liquidated and unliquidated claims that, immediately before that date, were due or payable by, or recoverable against, the Tasmanian Library Board shall be debts due by, money payable by, and claims recoverable against, the Crown. 3.   Transfer of property to Trust On and from the proclaimed date, the Fund established by the Tasmanian Library Board and known as the Sir John Morris Memorial Fund and all the rights and interests in that Fund and all the management and control of that Fund that, immediately before that date, vested in or belonged to the Tasmanian Library Board shall vest in and belong to the Trust. 4.   Transfer to Management Committee On and from the proclaimed date – (a) the funds and property of the Allport Library and Museum of Fine Arts and of the Allport Bequest referred to in the Allport Library and Museum of Fine Arts Agreement Act 1966 ; (b) the rights and interests in the funds and property; and (c) the custody, management, and control of the funds and property – that immediately before that date, vested in or belonged to the Tasmanian Library Board shall vest in and belong to the Management Committee. 5.   Contracts, agreements, &c. Any contract, agreement, arrangement, or undertaking entered into by the Tasmanian Library Board in relation to – (a) the Allport Library and Museum of Fine Arts; (b) the Allport Bequest; and (c) the provisions of the will of the late Henry Allport – as referred to in the Allport Library and Museum of Fine Arts Agreement Act 1966 and in force immediately before the proclaimed date shall, on and from that date, be deemed to be a contract, agreement, arrangement, or undertaking entered into by the Management Committee. 6.   Construction of certain references On and from the proclaimed date, a reference in the Allport Library and Museum of Fine Arts Agreement Act 1966 or in any other instrument or document relating to the Allport Library and Museum of Fine Arts or the Allport Bequest, referred to in that Act, being a reference to, or a reference to be read or construed as a reference to, or deemed or taken to refer to, the Tasmanian Library Board shall be read and construed as a reference to the Management Committee. 7.   Gifts, &c., to Tasmanian Library Board On and from the proclaimed date, any gift, bequest, or devise of any property to or for the benefit of the Tasmanian Library Board shall be deemed to be a gift, bequest or devise to or for the benefit of the Crown and may be acquired by the Trust pursuant to section 17 . Schedule 6

Section 26

Year and number of Act	Short title of Act
7. Geo. VI No. 47	Libraries Act 1943
No. 1 of 1966	Libraries Act 1966
No. 57 of 1971	Libraries Act 1971
No. 64 of 1975	Libraries Act 1975