Libraries Act of 1943 (7 Geo Vi No. 39) (Qld)

EDUCATION. 7 GEO. VI. No. 39,1943. LibrariesAct. 49 EDUCATION. An Act to ensure the more effective attainment of 7 NGEoO. . 39V. I. National Education in Queensland by making LIB T R H A E RIES ACT OF better provision for the establishment and 1943. management of Libraries and Library Services, for the conservation of the Public Records of the State, and for other purposes. [ASSENTED TO 25'.rH NOVEMBER, 1943.] "1 ;{7 HEREAS it is considered that increased library Preamble. \' l facilities and services for the citizens of this State *is conducive to the more effective attainment of National Education, and that it is therefore desirable to improve such library facilities and services and to co-ordinate same on a sound basis: AND WHEREAS it is desirable that the Public Records of the State shall be conserved- Be it therefore enacted by the King'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 :- PART I.-PRELIMINARY. pl~ ~ Ii; ; ; y. 1. (1.) This Act may be cited as "The Libraries Short Act of 1943." title. (2.) Except where otherwise provided, this Act Commence- shall commence on a date to be proclaimed by the ~ : ~ t of Governor in Council by Proclamation published in the Gazette, which date is herein referred to as the commence- ment of this Act. 2. This Act is divided into parts as follows :- PART I.-PRELIMINARY; Parts of Act. PART lI.-CONSTITUTION AND POWERS OF THE LIBRARY BOARD OF QUEENSLAND; PART lII.-LoCAL AUTHORITIES; PART IV.-PUBLIC RECORDS; PART V.-MISCELLANEOUS. * sic in Gazette; Bem.ble " are."

50 PART 1.- PRELIMINARY. EDUCATION. LibrariesAct. 7 q.EO. VI. No. 39, Interpreta. tion. Affiliated society. Board or\ the Library Board. 3. In this Act unless the context otherwise indicates the following terms have the meanings respectively assigned to them, that is to say ; - "Affiliated Society"-Any local body or organisation (other than an organisation formed for the purposes of private profit or gain) the object of which, or one of the principal objects of which, is the encourage- ment of education, art, literature, science and/or has provision for a library or library facilities, and which is affiliated under this Act; "Board or the Library Board "-The Library Board of Queensland constituted under this Act; the term also includes where necessary the Chairman or any member of the Board; Books. Brisbane City . Council. City of Brisbane Acts Library facility. Local Authority. " Books "-Books include magazines, periodicals, newspapers, and any other printed matter and also includes maps, music, manuscripts, pictures, photographic plates or films and any matter or thing whereby words or sounds are recorded or produced; " Brisbane City Council "-Brisbane City Council constituted under the City of Brisbane Acts; " City of Brisbane Acts "-*" The City of Brisbane Acts, 1924 to 1943 " (and any Act amending or in substitution of the same); the term also includes any ordinance thereunder; " Library facility"-Any facility whereby books are made available to the members or subscribers of any local body or the general public. The term also includes any act or service intended to encourage or facilitate the use of books by the public; "Local Authority"-A Local Authority con- stituted under the Local Government Acts; the term also includes Brisbane City Council ; Local body. "Local body "-Any Local Authority, institute, trade union or organisation or association of employees or association of employers, returned sailors, soldiers and/or airmen * 15 G. 5 No. 32 and amending Acts. See v. 10, pp. 6 et 8eq.

1943. EDUCATION. Libraries A.ct. 51 PART 1.- PRlIILnlINARY. associations, school of arts, or board or corporation constituted or appointed under the authority of any Act and charged with the collection or administration of moneys for any purpose of local concern; the term also includes the University of Queensland; " Local Government Acts "-*" The Local Govern~ Local ment Acts, 1936 to 1943 " (or any Act amending Government or in substitution of the same): the term Acts. where necessary also includes the City of Brisbane Acts; " Minister "-The Chief Secretary or other Minister. Minister of the Crown for the time being administering this Act; " Prescribed "-Prescribed by this Act; Prescribed. " Regulations "-Regulations made under the Regulations. authority of this Act; "This Act "-.This Act and all Proclamations, This Act. Orders in Council and regulations made thereunder. 4. This Act shall be administered by the Minister. tAiodnmoinfisAtrcat-. PARTH.- CONSTITUTION AND PART n.-CONSTITUTION AND POWERS OF THE LIBRARY BOARD OF QUEENSLAND. POWEBS OF THE LIBRARY BOARD OF QUElIINSIJAND •. 5. (1.) There shall be established the Library Establish- Board of Queensland (hereinafter in this Act referred to mL.ebnt of as " t h e Boadr ") . B 1 oa r r a d ry of Queensland. (2.) The first Board may be established and the Board may members thereof constituting it may be appointed at ~tabIished any time after the passing of this Act. on t~ e passmg of this Act. (3.) The first Board shall consist of six members First in addition to the ex officio member as hereinafter Board. provided. The members of the first Board shall be appointed by the Governor in Council, by notification in the Gazette, and shall hold office at the pleasure of the Governor in Council for such period not exceeding three years. • 1 G. 6 No. 1 and amending Acts. See'v. 5, p. 826.

52 EDUCATION. PART II.- .- CONSTITUTION AND POWERS OF THE Libraries Act. 7 GEO. VI. No. 39, LIBRARY BOARD OF QUEBNnANll. One of such members shall be designated Chairman of the Board. The Librarian for the time being of the Public Library of Queensland shall be an ex offi.cio member of the Board. Regulations. (4.) Regulations may from time to time be made fixing the number of members of any subsequent Board, their mode of appointment and/or election, or appoint- ment on nomination, tenure and such other acts, matters and things as may be prescribed: Provided that the Governor in Council shall designate one of such members as Chairman. Disqualifica. (5.) Any person who has his affairs under liquidation tiOn. or is an uncertificated or undischarged bankrupt or insolvent, or has been convicted of an indictable offence or is undergoing sentence of imprisonment, or becomes a mentally sick person shall be disqualified from being appointed or from continuing as a member of the Board. Vice- chairman. (6.) The Board shall before proceeding to the despatch of any other business choose one of its members to be vice-chairman, and as often as the office of vice- chairman becomes vacant the Board shall choose a member to be vice-chairman. The vice-chairman shall cease to hold office as vice-chairman if he ceases to be a member. He may be removed from office as vice-chairman by a vote of the Board, or he may resign his office by writing addressed to the secretary of the Board. Absence of the chairman. (7.) In the absence of the chairman or in the event of a vacancy in the office of chairman the vice-chairman shall preside at meetings of the Board, and shall during such absence or vacancy have and exercise the duties and functions of the chairman. Absence of (8.) In the absence of the chairman and vice- cahnadirvmicaen- chairman from any meeting the Board shall elect a chairman. member of the Board to act as chairman for the meeting. Vacancies. (9.) During any vacancy in the office of any member the continuing members of the Board shall act as if no such vacancy existed.

EDUCATION. 53 1943. Libraries Act. PART II.- CONSTITUTION AND POWERS OF THE LIBRARY (10.) With the approval of the Minister any member Q~ ~ : : ~ ~ ; D. may from time to time delegate in writing under his Delegation hand his powers, functions, and duties to some other fit of powers. and proper person, and during the period such delegation is in force such person shall have and possess the powers, functions, and duties of such member accordingly: Provided that the Minister may at any time annul such delegation, and in such case such member shall resume and continue his powers, functions, and duties as member of the Board. (H.) The office of member of the Board (other than Vacation of that of ex officio member) shall be vacated- office. (a) If such member is or has become disqualified under this Act; or (b) If such member without leave obtained from the Board in that behalf has been absent from more than three consecutive ordinary meetings of the Board; or (c) Upon death or resignation. (12.) Any member (other than the ex officio member) Resignation. may resign his office as a member by notification in writing to the Minister. Notice of every such resignation shall be published in the Gazette. (13.) The Governor in Council may appoint to the Associate Board as associate member or members thereof such members. person or persons as he may from time to time think fit and proper. (14.) The Board may from time to time constitute Committees. a committee or committees of the Board and may delegate to any committee such of its powers and duties as the Board thinks fit : Provided that the Board may at any time annul such delegation. 6. (1.) The control and management of the Public Control and Library shall, subject to the Minister, become vested in ::: ~:~ ~. the Board. Public Library. (2.) The Governor in Council may from time to Branches. time by Order in Council establish branches of the Public Library in such places in the State as he shall think proper.

54 EDUCATION. PART II.- CONSTITUTION AND POWERS OF THE LIllRARY BOARD OF QUEENSLAND. LibrariesAct. 7 GEO. VI. No. 39, (3.) The control and management of any branch of Board to manage Public Library. the Public Library so established shall, subject to the Minister, become vested in the Board. . Appoint. 7. (1.) The Governor in Council may appoint a mSteantet of person to be the State Librarian. Such officer shall also Librarian. act as Secretary and executive officer of the Board. Other officers. (2.) The Governor in Council may appoint such other officers and employees as may be necessary for the purposes of this Act. Utilisation of services of officers of the Public Service. Librarian of Public Library to act. (3.) The Board, with the approval of the Minister administering the Department concerned, may utilise the services of any officer or employee in the Public Service in and for the purposes of this Act. (4.) Until the State Librarian is appointed, the Librarian of the Public Library of Queensland in office at the passing of this Act shall be the State Librarian for the purposes of this Act, without further appointment other than this Act, and shall hold such office at the passing of this Act. Existing (5.) All officers and employees holding office or othffeicPerusbolifc being employed at the passing of this Act in the Public Library of Library of Queensland shall be deemed to have been Queensland. appointed and engaged under this Act and shall be subject to this Act as officers and employees of the Board: Provided that where the provisions of *" The Public Service Acts, 1922 to 1924" and/or t" The Public Service Superannuation Acts, 1912 to 1937" and/or any award or industrial agreement under the provisions of t" The Industrial Conciliation and Arbitration Acts, 1932 to 1942" apply and extend to any such officers or employees, such Acts awards or agreements shall continue to apply and extend to such officers and employees and to the same extent as if this Act had not been passed. Board to be 8. (1.) The Board shall be a body corporate under caobropodryate. the name and style of "The Library Board of Queensland." * 13 G. 5 No. 31 and amending Acts. See v. 7, pp. 1139 et Beg. t 3 G. 3. No. 28 and amending Acts. See v. 7, pp. 1110 et Beg. t 23 G. 5 No. 36 and amending Acts. See v. 4, pp. 1020 et Beg.

EDUCATION. 55 PART IT.- 1943. LibrariesAct. CONSTITUTION AND POWERS OF THE LIBRARY BOARD OF (2.) The Board shall under such name and style as QUEENSLAND. aforesaid have perpetual succession and an official seal Power to and shall under its name be capable in law of suing and ~ ol~ , :c., being sued and shall, subject to this Act, have power to an, c. take, purchase, take on lease, sell, mortgage, exchange, lease and hold real and personal property : Provided that the Board shall not, without the consent of the Governor in Council, sell, mortgage, exchange, lease or otherwise dispose of any land which it may acquire at or after the commencement of this Act. (3.) All Courts, judges, justices and persons acting Judicial judicially shall take judicial notice of the seal of the notice. Board affixed to any document or notice and shall presume that it was duly affixed. (4.) The Board shall be and be deemed to be a Board to be local body within the meaning and for the purposes local body of *" The Local Bodies' Loans Guarantee Acts, 1923 to ~ ~ ~ ~ ~ s~ ocal 1936." Loans Guarantee Acts. . (5.) (i.) The Governor in Council may from time to Land and time by Order in Council place any Crown land under the buildings. control of the Board as trustees within the meaning of t" The Land Acts, 1910 to 1942," and the provisions of such Acts shall apply and extend accordingly. (ii.) The Board shall at all times maintain all build- ings and improvements upon the said land in good and proper repair in all respects to the satisfaction of the Minister. (iii.) The Board shall not have power to sell, transfer, or mortgage any such land but may lease the same or any part thereof only with the prior approval of the Governor in Council. (iv.) For the purpose of any action or proceeding in any Court the Board shall be deemed to be the absolute owner of such land and all buildings and improvements thereon. Such land shall be a public place within the meaning and for the purposes of t" The Vagrants, Gaming, and Other Offences Acts, 1931 to 1938," or under any other ------------ ~ - - ~ - - - - - ~ - - ~ ~ ~ - ~ * 14 G. 5 No. 8 and amending Acts. See v. 5, pp. 1073 et Beg. t 1 G. 5 No 15 and amending Acts. See v. 5, pp. 15 et Beg. :\: 22 G. 5 No. 27 and amending Acts. See v. 9, pp. 705 et Beg.

56 EDUCATION. PART II.- ~ <; ' ~i! ~~ ~ ~: OF TdE LIBRARY Libraries Act. 7 GEO. VI. No. 39, QUBEOEANRSDLAONFD. A C t con £ errIng . o . r Imposing upon mem b ers 0 f t h e P 0 l I ' Ce Force powers or duties with respect to public places or providing for the punishment of offences in public places. General functions of the Board. 9. (1.) It, shall be the general duty of the Board, subject to the Minister, to attain efficient co-ordination and improvement of the library facilities of the State with the object of placing such facilities on a sound basis for the benefit and educational improvement of the citizens generally throughout the State. Co· ordination (2.) The Board shall take such necessary action with whereby the fullest co-operation may exist with the eindsutcitauttiioonnasl. Department of Public Instruction, the University of Queensland, local bodies, and such other bodies or societies having for their object the encouragement of education, literature and the arts and sciences in order that the objects and purposes of this Act may as far as possible be attained. May make (3.) The Board shall from time to time have authority ~ f~ ~ ~menda. to make recommendations to the Minister in and towards the general betterment and improvement of the library facilities of the State. The Board or an authorised member thereof shall have power and authority to inspect the library facilities of the State and to report and make recommendations through the Board to the Minister. Supervision of Public Library. (4.) The Board shall undertake- (a) The care, supervision and control of the Public Library of Queensland and any branch of that institution which may here- after be established in the State and all lands, premises, and property connected or utilised therewith; (b) The care, supervision and control of all books and other property acquired for the purpose of the Public Library or branch or any book- lending service (hereinafter referred to) of the Board. May accept (5.) The Board may accept upon loan any books or lbooaonksso. f other personal property.

EDUCATION. 57 PART II.- 1943. Libraries Act. CONSTITUTION AND POWERS OF THE LIBRARY • BOARD OF (6.) The Board may out of moneys voted by QUEENSLAND. Parliament provide such library services or book-lending Boo~ ­ services in addition to the Public Library as the Board, lend~ ng with the approval of the Minister, thinks fit and subject serVIces. to such terms and conditions as the Board with such approval thinks fit or as may be prescribed. (7.) The Board, with the approval of the Minister, ~ malgama. may amalgamate with the library of any approved hon. affiliated society any library under the control of such society on such terms and conditions as may be mutually agreed upon. (8.) The Board may- Dissemina- tion of (a) Devise and initiate improved methods to be information. followed in or in connection with the provision control and management of libraries and library services; (b) Collate information relating to libraries and library services and arrange for the dissemination of such information among library facilities; (c) Make provision for the training of persons as librarians and library assistants. 10. The Board shall exercise and discharge such Generally. other powers, authorities and duties in relation to libraries and library services as the Minister may from time to time direct in writing under his hand or as may be prescribed. The Board shall act in all matters in such a manner as appears to it best calculated to promote the objects and purposes of this Act. 11. All gifts and bequests made to or on behalf Gifts and of the benefit or purposes of the Public Library of bequests. Queensland or to the Board shall be deemed gifts and bequests to or on behalf or for the benefit of the Board. Any such gift or bequest and any income thereupon shall be applied by the Board towards the specific purpose for which the bequest is made, or if no such specific purpose is set forth therein, in and towards the objects and purposes of this Act.

58 EDUCATION. PARTH.- CONSTITUTION AND POWERS OF THE LIBRARY BOARD OF QUEENSLAND. LibrariesAct. 7 GEO. VI. No. 39, 12. The Board is hereby empowered to lend any Powers of books or any other personal property vested in the Board to Board- lend books. (a) To any library or other similar institution (and whether within or beyond the limits of the State); or (b) To any person or local, body within the limits of the State, upon proper and sufficient guarantees against loss or damage and upon such other terms and conditions as the Board thinks fit to impose. Board may 13. (1.) The Board, with the approval of the a W ~t l lhia c t e e rta. Mi m nister, ma . y a . ffiliate with any affiliated society w .. hich societies. deSIreS to be affilIated upon such terms and conditIOns as are agreed upon between the Board and the society concerned. (2.) The Board shall have power to accord to any affiliated society such privileges and, subject to this Act, such use of any lands, buildings and other real and personal property vested in· the Board or under its control, or the making available to such society any books as the Board thinks fit and for such period and upon such terms and conditions as the Board thinks fit or as agreed upon between such society and the Board, or as may be prescribed. Circulating 14. The Board, with the approval of the Minister, library. shall have power and authority to establish and maintain a circulating library. The Board shall, from time to time, have authority to recommend the making of regulations by the Governor in Council for the proper conduct, management and control of the circulating library. Financial 15. (1.) For the purpose of carrying out the provisions. objects and purposes of this Act and of defraying the expenses incurred by the Board in carrying this Act Appropria. into execution, there shall be provided annually out of the Ptiaornlibamy ent. Consolidated Revenue Fund such sum as shall be from time to time appropriated by Parliament for such purpose. The amounts so appropriated shall be paid to the Board, and such payments shall be made quarterly.

EDUCATIOX 59 - . - " - - - - - - - PART 11.- 1943. LibrariesAct. CONSTITUTION AND POWERS 01 THE LIBRARY BOARD OF (2.) Whenever the Board after the commencement QUEENSLAND. of this Act shall receive from public subscriptions or Endowment. donations or private bequests or benefactions any capital sum or sums of money in and for the general benefit of the Public Library of Queensland or in and for the purposes of this Act, the Governor in Council may pay to the Board by way of endowment on such sum or sums of money so received as aforesaid, but subject to such terms and conditions as the Governor in Council may determine, such sum or sums of moneys out of the Consolidated Revenue, which is hereby appropriated for the purpose, as the Governor in Council may think proper, but not exceeding the sum of one pound for everyone pound so received on capital account as aforesaid, nor a total sum of five thousand pounds in respect of all such endowments received in anyone year. 16. (1.) The Board shall establish a Fund to be Library of called "The Library of Queensland Fund" (herein ~~ ~~~ sland referred to as " the Fund"). (2.) There shall be paid into the Fund unless invested by the Board in pursuance of this Act- (a) All donations, bequests, legacies, grants, and contributions received by the Board under or pursuant to this Act, and all moneys arising from any gift or devise of real property received by or vested in the Board under or pursuant to this Act; (b) All moneys received from Consolidated Revenue; (G) All moneys received from an affiliated society as hereinafter provided; (d) All penalties and moneys received by way of damages granted by any court in respect of proceedings instituted by or on behalf of the Board; (e) All other moneys received by the Board on any other account whatsoever. (3.) An annual subsidy, fixed on such basis or Affiliated bases as may be prescribed, shall be paid into the Funds societies. of the Board by an affiliated society.

60 EDUCATION. PART II.- - - - - - - - - - - - - - - - - - - - - - - - - - - CONSTITUTION AND POWERS Libraries Act. 7 GEO. VI. No. 39, OF THJ~ LIBRARY BOARD OF QUEENSLAND. (4.) The Fund shall be applied by the Board in and Application for the purposes of this Act, and in and towards the of Fund. payment of all expenses necessarily incurred in carrying this Act into execution, and in doing and performing any acts, matters, and things which the Board is by this Act empowered or required to do or perform. Grants and/or loans for library facilities. (5.) The Board, with the approval of the Governor in Council, may out of the Fund make such grant or loan or grant and loan to any local body or affiliated society in and for the purpose of any library facility and on such terms and conditions as may from time to time be so approved. Further payments. (6.) The Board may out of the Fund pay any sum due by it under any agreement lawfully made by it for the purposes of this Act or any sum recovered against the Board by process of law. Investment (7.) The Board, with the approval of the Treasurer, of funds. may from time to time invest any of its funds not immediately required to be expended in accordance with this Act in securities of or guaranteed by the Commonwealth or the State Governments, or on deposit with the Commonwealth Bank, or in such security as may be approved by the Treasurer of Queensland. PART IH.- LOCAL AUTHORITIES. Local Authority may establish library and/or circulating library. PART lII.-LoCAL AUTHORITIES. 17. (1.) A Local Authority may if it deems fit and proper so to do establish, maintain, and conduct a library facility as a function of local government under and pursuant to the Local Government Acts. In addition to the above powers, a Local Authority shall have power and authority to establish, maintain, and conduct a circulating library either solely or in conjunction with any library facility established by it, and such establishment shall also be a function of local government under and pursuant to the Local Government Acts which are hereby applied and extended accordingly. AJouitnhtoLriotcya. l of P(a2r. ) t AIXJ. ooinft thLeocaLlocAaul thGoorviteyrnwmietnhtinAtchtes mmeaayninbge constituted by the Governor in Council by Order in Council for the purpose of establishing, maintaining and conducting a library facility as a function of local govern- ment in respect of such Joint Local Authority. Moreover

1943. EDUCATION. Libraries Act. 61 PARTIII.- LOCAL AUTHORITIES. any such Joint Local Authority shall have power and authority to establish, maintain, and conduct a circulating library either solely or in conjunction with any library established by it, and such establishment shall also be a function of local government under and pursuant to the Local Government Acts which are hereby applied and extended accordingly. 18. (1.) A Local Authority which has established Librar~ a library facility (including a circulating library, if any) ~ ~~ : ~ltee shall have power and authority to appoint a Library Auth?rity Committee consisting of not more than seven members. ~ ro~ ~ tnt The Local Authority may also appoint so many members Authority. (not exceeding four) as associate members of the Committee. The members of any Library Committee established by a Local Authority need not consist wholly of aldermen or councillors of the Local Authority. (2.) Where a Joint Local Authority is established, the number of members constituting the Board governing the Joint Local Authority shall be as determined by the Governor in Council by the Order in Council constituting the same and the provisions of section twenty of the Local Government Acts shall, so far as applicable, mutatis mutandis, apply and extend accordingly. The Board of the Joint Local Authority shall likewise have power and authority to appoint a Library Committee and the provisions of sub-section one shall apply accordingly. (3.) The Committee shall, subject to the Local Authority, or as the case may be, the Joint Local Authority maintain and conduct the library so established and in respect of which it is appointed, and moreover the Local Authority, or as the case may be, the Joint Local Authority may delegate to such Committee such powers, functions and authorities as it by resolution shall deem fit and proper in the interests of the inhabitants of the Area concerned: Provided that the Local Authority, or as the case may be, the Joint Local Authority may at any time annul such delegation, and in any such case such Local Authority, or as the case may be, the Joint Local Authority shall resume and continue its powers, functions and authorities accordingly.

62 PART III.- LOCAL AUTHolUTlEs. EDUCATION. LibrariesAct. 7 GEo. VI. No. 39, By-laws. Rates and charges. (4.) The Local Authority or, as the case may be, the Board governing the Joint Local Authority may make by-laws or as the case may be, ordinances, concerning the control, management and conduct of the library facility (including the circulating library if any) under its jurisdiction, including powers, authorities, duties, and tenure of office of the library committee concerned, and the provisions of the Local Government Acts as to making approval and effect of such by-laws or ordinances shall, mutati8 mutandi8, apply and extend accordingly. (5.) The provisions of sections twenty-one' to twenty- three (as to rates and charges, borrowing and funds respectively) of the Local Government Acts and any provisions of the City of Brisbane Acts where applicable herein are also, mutatis mutandi8, applied herein accordingly. For the purpose of any special rate made by a Local Authority in pursuance of any loan required for the purposes hereinbefore indicated no poll shall be required in respect of such loan. Powers of Local Authority as to Schools of Arts_ 19. (1.) A Local Authority- (a) When requested by the Trustees of a School of Arts so to do; or (b) If it deems it desirable for the general better- ment and well-being of the inhabitants of its Area, and in the public interest, so to do, and having in view the objects and purposes of this Act is hereby authorised and empowered, by resolution passed by the Local Authority, to take over the manage- ment, control, and conduct of the School of Arts concerned: Provided that the approval thereto of the Governor in Council signified by Order in Council shall be had and obtained: Provided also that the Trustees of any School of Arts who shall object to such taking over as aforesaid shall have the right of appeal to the Governor in Council. The Governor in Council may delegate the hearing of any such appeal to such person or tribunal as he shall appoint. Such delegate shall for the purpose of hearing

1943. EDUCATION. Libraries Act. 63 PllT 111.- LOCAL AUTHORITIES. such appeal have the powers, authorities, jurisdiction and protection of a commission within the meaning of *" The Official Inquiries Evidence Acts, 1910 to 1929,"; the decision of such delegate shall be referred to the Governor in Council and may be adopted by him with or without modification. (2.) From and after the date signified in the said Order in Council approved as aforesaid, the following consequences shall obtain and have effect, namely:- (a) The School of Arts concerned, including any deed of grant or certificate of title or lease of the land constituting the site of the School of Arts and all buildings and permanent improvements situated thereon, and all other property and assets of whatever description and wherever situated, which is or may be vested in or held by or in the name of the trustees or otherwise, or in the name of any other person for or on behalf of the trustees or of the School of Arts concerned; (b) All instruments, documents, records, plans, correspondence, and all books and writings and all rights, liabilities, obligations, contracts and engagements in regard to or appertaining to the matters and things referred to in paragraph (a) shall, without any transfer, assignment, conveyance or notice other than this Act and the Order in Council concerned be divested from the Trustees thereof and conveyed, handed over, transferred to and vested in and attach to and may be enforced by and against the Local Authority concerned. (3.) The Trustees or any other person referred to in subsection two hereof shall and are hereby required to give peaceable possession of the School of Arts concerned, and all such property and assets and all such matters and things as above referred to to the Town Clerk or Shire Clerk, or other officer authorised by the said Local Authority concerned to receive same on its behalf. (4.) The receipt by the Town Clerk or Shire Clerk or other authorised officer of the Local Authority concerned of such property and assets, and all such * 1 G. 5 No. 26 and amending Acts. See v. 3, pp. 439 et seq.

64 PART I1I.- LOCAL AUTHORITIES. EDUCATION. LibrariesAct. 7 GEO. VI. No. 39, matters and things shall be a good and sufficient discharge, and the Trustees shall not thereafter be liable or accountable therefor or bound to see to the application or appropriation thereof. (5.) The Local Authority concerned shall have the management, control and conduct as a function of local government under the Local Government Acts of the School of Arts concerned and of the affairs and concerns thereof, and may act in all matters therein in the manner as appears to it best calculated to promote the interests thereof, having in view also the objects and purposes of this Act. PART IV.- PUBLIC RECORDS. PART IV.-PuBLIC RECORDS. Operation 20. The operation of this Part shall take effect of Part IV. on a date to be proclaimed by the Governor in Council by proclamation published in the Gazette; Provided that such Proclamation may be issued at the date of the Proclamation of the coming into force of this Act, or may be issued at any date subsequent to such last-mentioned date; and any Proclamation bringing into force this Act shall specifically state whether or not such Proclamation embraces or excludes this Part IV. Interpreta. 21. (1.) In this Part, unless the context otherwise tion. indicates, the following terms have the meanings set, against them respectively, that is to say;- Public Authority. " Public Authority "-means an office, department, sub-department, board, commission, institution or instrumentality of the State and includes a local body as defined in and embraced under *" The Local Bodies' Loans Guarantee Acts, 1923 to 1936." Public Records. " Public Records"-Includes all manuscripts, papers, letters, documents, books, maps, plans, reports, pictures, photographs, prints, motion pictures, sound recordings, or other records whatsoever of, or pertaining to any public authority, or made by or deposited with an officer of any public authority in pursuance of any law of the State. Public (2.) Any person having the custody or possession of ~ : c~ : ~ so~ ~ ~ a~ y p~ blic reco~ ds may, with th~ consent of t~ e St~ te with the LIbrarian, deposIt such records wIth the State LIbrarian SLtiabtrearian. . l c Or dI' SpOSaI. * 14 G. 5 No. 8 and amending Acts. See v. 5, pp. 1073 et seq

1943. EDUCATION. Libraries Act. 65 PARTIV.- PUBLIC RECORDS. (3.) (i.) No person shall sell, destroy or do away Public with, any public records unless the person having the ~ ec~ rds not control or possession thereof has given to the State d~ st~ oyed Librarian notice in writing and by registered post of wi~ ~ ou. ~ the intention to sell, destroy or do away with, such public au orl y. records and a period of at least one month has elapsed since the giving of such notice. (ii.) On receipt of any such notice as aforesaid, the State Librarian (or any person duly authorised in writing in that behalf by the Board), may- (a) Inspect and take possession of the public records therein mentioned; or (b) Require the person having the control or possession of such records, by notice in writing and given by registered post, to deposit the same with the State Librarian or at such place and with such officer as shall be designated in the notice concerned, and may dispose of such records as the Board shall direct: Provided that the Board may, if it thinks fit, permit the sale, destruction, or other disposal thereof by any person. (iii.) No person shall fail to comply with any requirement of the State Librarian or authorised officer under this section. (4.) (i.) If the State Librarian has reason to believe Recovery that any public records not being records, the sale or of pullic disposal of which has been authorised by this Part are =;;operly in the custody or possession of any person otherwise held. than in the official capacity of an officer or agent of the public authority to which such records belong or appertain the State Librarian (or any person duly authorised in writing in that behalf by the Board), by notice in writing and given by registered post, may require such person to deposit such records with the State Libra~ ian or to deposit the same with such officer and at such place as shall be designated in the notice concerned. (ii.) No person without reasonable cause shall fail to comply with any requirement of the State Librarian or authorised officer under this subsection.

66 PART IV.- PuBLIC RECORDS, EDUCATION. LibrariesAct. 7 GEO. VI. No. 39, Penalties. (5.) (i.) Any person who is guilty of a breach of, or fails to comply with, the provisions of subsection three of this section shall be liable to a penalty not exceeding ten pounds. (ii.) Any person who without reasonable cause shall fail to comply with any requirement of the State Librarian or authorised officer under subsection four of this section shall be liable to a penalty not exceeding ten pounds. (iii.) In respect of any proceedings in respect of an offence against subsection four of this section- (1.) The averment in the complaint that the records therein mentioned are held by defendant otherwise than in the proper official capacity of an officer or agent of the public authority to which they belong or appertain shall be evidence of that fact until the contrary is proved; and (2.) The court before which such proceedings are heard may order the delivery of the records to the State Librarian or designated officer within a time to be specified in such order and in default of compliance therewith may impose a further penalty not exceeding twenty pounds, together with a daily penalty not exceeding two pounds for every day where the offender fails to comply with such order after the first conviction therefor. Preservation (6.) The chief officer of every public authority shall orefcpourdbsli.c cause complete and accurate records of the activities of such authority to be prepared and preserved and shall have the legal custody of such records. Regulations. (7.) The Governor in Council may make regulations under this Part and in addition to any other matters may prescribe- (i.) The manner in which the persons by whom and the places where public records of different classes may be stored, safeguarded and cared for or otherwise disposed of; (ii.) The manner in which, the persons by whom and the conditions under which public records may be disposed of upon the abolition or the termination of the functions of public authorities or the transfer or amalgamation of officers or branches thereof;

1943. EDUCATION. Libraries Act. 67 PARTIV.- PUBLIO RECORDS. (iii.) The cases in which and the conditions under which access to and inspection of any public records or class of public records may be allowed to any person or class of persons, and the provisions of section twenty-eight of this Act, shall, mutati8 mutandi8, apply and extend accordingly. PART V .-MISCELLANEOUS. PARTV.- CF~ ~ OUS. 22. (1.) If any person unlawfully damages, Unlawful mutilates, destroys; or remo-yes from. t.he po~ session of ~ ; b: ~ : ~ , & c. , the Board any pICture, prmt, exhIbIt, COIn, medal, pict~ ~e curiosity, object of natural history, object or work of exhIbIts, &0. art, book, map, manuscript, document, pamphlet, paper, or other chattel the property of or in the possession of the Board at the time of the damaging, mutilation, destruction, or removal, he shall be guilty of an offence against this Act, and shall be liable to a penalty not exceeding one hundred pounds: (2.) (i.) When such damage, mutilation, destruction, or removal constitutes an offence against this Act, and in any proceedings in respect thereof a person is convicted, the court convicting such person may, in addition to imposing any penalty, order such person to pay to the Board the full amount of the value of the chattel damaged, mutilated, destroyed, or removed, and such amount shall be recoverable as if it were part of the penalty so imposed, notwithstanding that the total of the penalty and such amount exceeds the maximum penalty which may be imposed. (ii.) Such amount shall be recoverable summarily in the same manner as penalties for offences against this Act are recoverable or at the option of the Board in any court of competent jurisdiction. (3.) Any proceedings under this section may be taken by the Board or by any person purporting to be authorised in writing by the Board. 23. (1.) The Board may offer and pay a reward to When any person who gives information to the Board or any ~ : : : d may of its officers of the commission of an offence against this reward, &0. Act or of the damaging, mutilation, destruction, or removal from the possession of the Board of any picture, print, exhibit, coin, medal, curiosity, object of natural history, object or work of art, book, map, manusoript, document, pamphlet, paper, or other chattel the property

68 PART V.- MI5- ('ELLANEOUS. EDUCATION. Libraries Act. 7 GEO. VI. No. 39, of or in the possession of the Board, whether such damaging, mutilation, destruction, or removal is an offence against this Act or not. (2.) When proceedings are taken before a court in respect of any such offence, damaging, mutilation, destruction, or removal, and a person is convicted by the court, or any order is made by the court against a person in respect thereof, the court may, in addition to imposing any penalty or pecuniary liability, order such person to pay to the Board the amount of any reward paid by the Board in respect of such offence, damaging, mutilation, destruction, or removal, and such amount shall be recoverable as if it were a penalty imposed under this Act. Audit of books and accounts. (3.) The total amount recoverable under subsection two hereof shall not exceed the sum of ten pounds in respect of each offence, damaging, mutilation, destruction, or removal. 24. The Auditor-General or such officer of his staffas he from time to time directs shall, once at least in every year, examine the books and accounts of the Board, and the Auditor-General shall report thereon to the Minister. Annual report. 25. The Board shall as soon as may be after the thirtieth day of June in each year report the proceedings of the Board during the previous year to the Minister, and such report shall contain a full account of the income and expenditure of the Board duly audited by the Auditor-General. A copy of such report shall be laid before Parliament. General penalty. 26. (1.) Any person who is guilty of any contra- vention of or offence against this Act for which no specific penalty is in this Act provided shall be liable to a penalty not exceeding twenty pounds. Time for (2.) Proceedings for an offence against this Act prosecution. may be instituted at any time within six months after the commission of the offence or within four months after the discovery thereof by the complainant, whichever is the later period. Proceedings (3.) All proceedings in respect of offences against o fo ff r ences. this Act shall be heard and determined, and all penalties imposed by this Act shall be recoverable, summarily on complaint under *" The Justices Acts, 1886 to 1942," by the secretary or by any person purporting to be authorised in writing by the Board. * 50 V. No. 17 and amending Acts. See v. 4, pp. 363 et 8eq.

1943. EDUCATION. Libraries Act. 69 PARTY.- MIS- OElLAJlEOUS. 27. No proceedings of the Board or committee Proceedings. or of any person acting as member or as chairman or :h~ ~: ; ~~ d vice-chairman shall be invalidated by reason of any I v a • defect in the appointment or of any disqualification of any such person or by reason of there being any vacancy in the number of members of the Board at the time of such proceedings. 28. (1.) The Governor in Council may from time to Regulations. time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act, and where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. Without limiting the generality of the foregoing provisions regulations may be made for all or any of the following purposes, that is to say:- (i.) The good government, management and Manage- control of the affairs of the Public Library ment. of Queensland, or any branch thereof, and of any other property under the management and/or control of the Board. (ii.) The use and custody of the official seal. Seal. (iii.) The election and/or appointment, or appoint- Election. ment on the nomination and/or election, m& ce. m, °b f ere. of members of the Board; the conduct of elections, and the compilation of a roll of persons entitled to vote at elections, the method of determining the qualification of voters at such election, and the making of such roll conclusive evidence of the title to vote at any such election. (iv.) The manner and time of convening, holding, Meetings. and adjourning the meetings of the Board; the quorum of and voting at such meetings; the filling of vacancies; the powers and duties of the chairman thereof; the conduct and record of the business and minutes of pro- ceedings; the appointment of committees and the quorum; powers and duties of such committees, including the conduct and record of the business and minutes of proceedings of any such committee.

70 PARTV.- Mrs- ()ELLANEOUS. Co-operation of officers by Board. Affiliated .societies. Property. Classes of goods, &c., which may not be disposed of without <lonsent of Governor in Council. Protection .of land, &c. .Admission. General <l<>nditions. Circulating Library. Use of exhibits. EDUCATION. LibrariesAct. 7 GEO. VI. No. 39, (v.) Authorising the Board to co-opt, upon such terms and conditions as may be prescribed, fit and proper persons to act in consultation with any committee. (vi.) Terms, provisions and conditions as to affiliation by affiliated societies. (vii.) The management, control, and investment of the property and assets of the Board. (viii.) Prescribing the classes of goods or chattels which may not be sold, mortgaged, exchanged, or otherwise disposed of without the consent of the Governor in Council. (ix.) The protection of the land and property of or under the control of the Board from trespass, injury, or misuse. (x.) For the admission and for the exclusion or expulsion of the public or any individual to and from the Public Library of Queensland, or any part of such institution or any branch thereof, or any land or premises the property of or under the control of the Board. (xi.) For specifying the conditions and restrictions upon and subject to which the public may be allowed to read books, manuscripts, public and 'other documents, or to take same on loan, or to make copies thereof or extracts therefrom. (xii.) The management and control of the circulating library, including terms and conditions as to subscribers, scholars' facilities, facilities for adult education, books to be taken out, responsibility of replacement, amount and/or basis of subscriptions, and generally in regard to the proper management and conduct of such circulating library. (xiii.) For the effectual use for the purposes of public education and enjoyment of books, maps, manuscripts, documents, pamphlets, and papers and other property of the Board or under its control.

1943. EDUCATION. Libraries Act. 71 PARTV.- MIS· CELLANEOUS. =::se of (xiv.) Authorising the Board to purchase for or on ~ uthOl' EIII­ behalf of the governing body of any local body providing library facilities in Queens- books, &0. land any books, papers, magazines, and office supplies and requisites at the cost of such governing body, but otherwise upon such terms and conditions as may be arranged by the Board and such governing body. (xv.) For fixing penalties for any breach of any Penalties. regulation not exceeding the sum of twenty pounds for anyone offence. (xvi.) A t oll bmeapttreersscrrl· ebqeudi.red or permitted by this Ac.t Pmraetstcenros.od! (xvii.) Generally for carrying out the objects and GeneraJIy. purposes of this Act. (2.) Any such regulations may be made on the Regulations passing of this Act. maybe madeonth& passing of this Act~ 29 (1.) All Orders in Council and regulations made Regulations or purporting to have been made under this Act upon being = ~ ~ ~ ~ ~ published in the Gazette shall have the same force and effect as if they were enacted in this Act and shall be judicially noticed, and their validity shall not be questioned in any proceedings whatever; thepublication in the Gazette of any such Order in Council or regulation shall be conclusive evidence of the matters contained therein and of the power and authority to make such Order in Council or regulation, as the case may be. Such Orders in Council and regulations shall be laid before the Legislative Assembly within fourteen days after such publication, if Parliament is in session; or, if not, then within fourteen days after the commencement of the next session. (2.) If the Legislative Assembly passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime.