Library Amendment Act 2019 (NSW)

An Act to repeal the Copyright Act 1879 and to amend the Library Act 1939 with respect to legal deposit libraries; and for other purposes.

1Name of Act

This Act is the Library Amendment Act 2019.

2Commencement

This Act commences on the date of assent to this Act.

3Repeal of Copyright Act 1879 No 20

The Copyright Act 1879 is repealed.

Schedule 1Amendment of Library Act 1939 No 40[1]Section 2 Definitions

Insert in alphabetical order in section 2 (1):

Function includes a power, authority or duty, and exercise a function includes perform a duty.

[2]Section 3 Constitution of Council

Omit “exercise and perform the powers, authorities, duties and functions” from section 3 (2).

Insert instead “exercise the functions”.

[3]Section 3 (4)

Omit “exercise or performance of any power, authority, duty or function”.

Insert instead “exercise of a function”.

[4]Clause 4B Powers of Council

Omit “exercise and perform, such powers, authorities, duties and functions” from section 4B (1).

Insert instead “exercise such functions”.

[5]Section 4B (9)

Omit “exercise and perform its powers, authorities, duties and functions”.

Insert instead “exercise its functions”.

[6]Section 5 Duties of Council

Omit “exercise and discharge such other powers, authorities, duties and functions” from section 5 (3).

Insert instead “exercise such other functions”.

[7]Section 7A State Librarian

Omit “exercise or performance of the State Librarian’s powers, authorities, duties and functions” from section 7A (4).

Insert instead “exercise of the State Librarian’s functions”.

[8]Section 7B

Omit the section. Insert instead:

7BDelegation by Council

The Council may delegate the exercise of any function of the Council under this Act (other than this power of delegation) to:

• (a)

  a member of the Council, or

• (b)

  the State Librarian, or

• (c)

  a member of staff of the Council.

[9]Part 3A

Insert after Part 3:

Part 3ALegal deposit libraries14ADefinitions

In this Part:

legal deposit library means the following:

• (a)

  the State Library,

• (b)

  the Parliamentary Library,

• (c)

  the Library of the University of Sydney.

library material includes an electronic publication.

relevant library material for a legal deposit library means library material relevant to the collection of the library.

14BAdditional functions of legal deposit library

In addition to any other functions of a legal deposit library, the library has the following functions:

• (a)

  to identify relevant library material,

• (b)

  to collect relevant library material,

• (c)

  to maintain relevant library material as part of the collection of the library.

14CLegal deposit orders(1)

The head librarian of a legal deposit library may, by order in writing (a legal deposit order) served on a person who publishes library material in this State, direct the person to:

• (a)

  deliver a copy of the material free of charge to the library, or

• (b)

  make the material available to the library free of charge so that a copy can be made.

(2)

A legal deposit order must identify the library material to which it applies by specifying the library material or specifying a class of library material.

(3)

A legal deposit order may apply to library material that is not yet in existence at the time the order is made and may be of unlimited duration.

(4)

A legal deposit order may specify a reasonable time within which library material must be delivered or made available for copying as required by the order.

(5)

A legal deposit order requiring library material to be delivered to the library must specify the manner and form in which the material must be delivered.

(6)

A person must not fail to comply with a legal deposit order.

Maximum penalty: 10 penalty units.

(7)

If a legal deposit order applies to more than one item of library material, a failure to comply with the order in relation to each item is a separate offence for the purposes of subsection (6).

(8)

If a person fails to deliver library material or make it available for copying as required by a legal deposit order, a further legal deposit order may be made in relation to the library material.

(9)

The regulations may make further provision for or with respect to legal deposit orders.

14DCollection of freely available relevant library material

The head librarian of a legal deposit library may, despite any Act or law of this State, collect free of charge relevant library material for inclusion in the collection of the library if the material has been made freely available to members of the public by the publisher of the material.

14EDelegation

The head librarian of a legal deposit library may delegate the exercise of any function of the head librarian under this Part (other than this power of delegation) to:

• (a)

  any member of staff of the library, or

• (b)

  any person, or any class of persons, authorised for the purposes of this section by the regulations.

[10]Section 14F

Insert before section 15:

14FService of documents(1)

A document that is authorised or required by this Act or the regulations to be served on any person may be served by any of the following methods:

• (a)

  in the case of an individual—by personal delivery to the person,

• (b)

  by post to the address specified by the person for the service of documents of that kind,

• (c)

  in the case of an individual who has not specified such an address—by post to the residential or business address of the person last known to the person serving the document,

• (d)

  in the case of a corporation—by post to the registered office or any other office of the corporation or by leaving it at any such office with a person apparently over the age of 16 years,

• (e)

  by email to an email address specified by the person for the service of documents of that kind,

• (f)

  by any other method authorised by the regulations for the service of documents of that kind.

(2)

Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on a person by any other method.

(3)

In this section, serve includes give or send.

[11]Schedule 2 Savings and transitional provisions

Insert after clause 2:

3Provisions consequent on repeal of Copyright Act 1879(1)

Library material that would have been required to be delivered to a legal deposit library under the Copyright Act 1879 had that Act not been repealed continues to be required to be delivered to the library as if that Act (other than section 6) remains in force.

(2)

This clause ceases to apply to library material when a legal deposit order applies to the library material.

(3)

In this clause:

legal deposit library and legal deposit order have the same meanings as in Part 3A of this Act.