Libraries Act Amendment Act 1974 (Qld)

131 QlUrnsIntr ANNO VICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 12 of 1974 An Act to amend The Libraries Acts 1943 to 1949 in certain particulars [ASSENTED TO 18TH APRIL, 1974] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Libraries Act Amendment Act 1974. (2) The Libraries Act of 1943 as subsequently amended is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this'Act may be cited as the Libraries Act 1943-1974.

132 Libraries Act Amendment Act 1974, No. 12 2. Amendment of s. 21. Section 21 of the Principal Act is amended by- (a) in subsection (1), omitting the definitions " Public Authority " and " Public Records " and substituting the following definitions:- " " public authority " means an office, department, sub-department, board, commission, institution or instrumentality of the State and includes:- (a) a Court established by or under any Act; (b) a Commission within the meaning of that term in The Commissions of Inquiry Acts 1950 to 1954; (c) a local body within the meaning of that term in the Local Bodies' Loans Guarantee Act 1923-1973 " : public records" includes manuscripts, papers, letters, documents, registers, books, maps, plans and drawings, pictures, prints, plates, photographs, photographic plates and negatives, cinematograph films and negatives, microfilm and microfiche, sound recordings, or other records of any kind of or pertaining to a public authority, or made by or deposited with an officer of a public authority pursuant to any Act or law "; (b) in subsection (2), adding the following paragraph:- "Notwithstanding this subsection, records specified in this paragraph shall not be deposited with the State Librarian unless the following additional consents have been first obtained:- (a) in the case of records of- (i) the Supreme Court, that of the Chief Justice; (ii) a District Court, that of the Chairman of District Courts; (iii) the Land Court or the Land Appeal Court, that of the President of the Land Court; (iv) the Industrial Court or the Industrial Conciliation and Arbitration Commission, that of the President of the Industrial Court; (v) The Local Government Court, that of a Judge of District Courts who for the time being constitutes that Court; (b) in the case of records of any other Court or a Commission within the meaning of The Commissions of Inquiry Acts 1950 to 1954, that of the Under Secretary, Department of Justice."; (c) in subsection (3), (i) inserting after paragraph (ii) the following paragraphs:- (iii) Records of a Court or a Commission within the meaning of The Commissions of Inquiry Acts 1950 to 1954 shall not be destroyed or otherwise disposed of until after the expiration of the following periods calculated from the date of the last dealing- (A) in the case of records of the Supreme Court, a District Court, The Local Government Court, a Magistrates Court constituted under The Magistrates Courts Acts 1921 to 1964 or a Commission as defined in this paragraph (iii), 15 years; (B) in the case of records of all other Courts, 5 years.

Libraries Act Amendment Act 1974. No. 12 133 (iv) The periods specified in paragraph (iii) shall be enlarged if the Chief Justice, the Chairman of District Courts. the President of the Land Court. the President of the Industrial Court, a Judge of District Courts who for the time being constitutes The Local Government Court or the Under Secretary, Department of Justice, as the case requires having regard to the records involved, so directs and to the extent indicated in a direction so given."; (ii) renumbering paragraph (iii) as paragraph (v); (d) inserting after subsection (6) the following subsection:- "(6A) Return of public records to public authority . Where a public authority notifies the State Librarian in writing that a public record that was deposited by it with the State Librarian or that has been recovered under subsection (4) is required for use by that public authority, the State Librarian shall, if he has control or possession of that record, return it to that public authority.".