Library Board of Western Australia Act 1951 (WA)

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Western Australia

Library Board of Western Australia Act 1951

Western Australia

Library Board of Western Australia Act 1951 Contents[if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \t &#34;Heading 2,2,yScheduleHeading,2,yHeading 2,2,zHeading 2,3,zyScheduleHeading,3,zyHeading 2,3,Heading 3,4,yHeading 3,4,zHeading 3,5,zyHeading 3,5,Heading 4,6,yHeading 4,6,zHeading 4,7,zyHeading 4,7,Heading 5,8,yHeading 5,8,zHeading 5,9,zyHeading 5,9&#34; \t &#34;nHeading 2,2,nHeading 3,8&#34; \n &#34;2-7&#34; \w \* MERGEFORMAT <span style='mso-element:field-separator'></span><![endif] — Short title2 — Commencement3 — Interpretation4 — Participating bodies5 — The Board6 — Appointment of Secretary and officers7 — Board a body corporate8 — Contracts9 — Protection of members of Board, officers, etc.10 — Judicial notice of common seal11 — Documents, how authenticated12 — Power of officer to represent Board13 — Proof of certain matters not required14 — Evidence of documents issued by the Board15 — Functions and powers of the Board16 — Financial provisions17 — Temporary investment18 — Financial assistance19 — Rating powers of local government20 — 20A — Transition provisions relating to transfer of Public Library to the Board21 — RegulationsNotesCompilation table — Compilation tableProvisions that have not come into operation 23Defined terms

Western Australia

Library Board of Western Australia Act 1951

Library Board of Western Australia Act 1951

An Act to provide for the constitution and functions of a Library Board and for other purposes.

1.Short title

This Act may be cited as the Library Board of Western Australia Act 1951 1.

2.Commencement

This Act shall come into operation on a day to be fixed by proclamation 1.

3.Interpretation
  • (1)

    For the purposes of shortening this Act, the following expressions, where used in this Act, have the respective meanings attributed by this section, unless the context requires otherwise —

Account means The Library Board of Western Australia Account established by section 16;

approved body means an organisation which is not a local government and which, pursuant to the provisions of this Act, elects and is declared by the Governor to be a body approved as suitable for participation in a scheme;

Board means The Library Board of Western Australia, constituted pursuant to the provisions of this Act;

library includes a children’s library, but does not include a library conducted by private enterprise for profit;

library service does not include a library service conducted by private enterprise for profit;

nominee member means a person appointed as a member of the Board under section 5(3);

participating body means —

  • (i)

    a local government; or

  • (ii)

    an approved body;

which elects and is declared to be a participating body pursuant to the provisions of this Act, during such time as it continues to be and to participate as such in a scheme;

registered public library means a free library registered by the Board in pursuance of the provisions of this Act;

scheme means a scheme for the promotion, organisation, or supervision, generally or in any particular case, pursuant to the provisions of this Act, of free libraries and free library services;

State Reference Library means The State Reference Library of Western Australia, known prior to the coming into operation —

  • (a)

    of the Acts Amendment (Libraries) Act 1955 1, as the Public Library of Western Australia ; and

  • (b)

    of the Library Board of Western Australia Act Amendment Act 1974 1, as The State Library of Western Australia .

  • [(2)

    deleted]

[Section 3 amended: No. 20 of 1955 s. 5; No. 29 of 1974 s. 2; No. 44 of 1983 s. 2; No. 14 of 1996 s. 4; No. 53 of 2000 s. 12; No. 77 of 2006 s. 17.]

[Heading deleted: No. 19 of 2010 s. 44(3).]

4.Participating bodies
  • (1)

    A local government or an approved body —

    • (a)

      shall become a participating body if and when the Governor makes a declaration to that effect;

    • (b)

      shall continue to be a participating body unless and until the Governor cancels such declaration.

  • (2)

    Such declaration shall not be made —

    • (a)

      unless a local government or an approved body elects by resolution to become a participating body;

    • (b)

      if a local government does not so resolve, unless the ratepayers by a majority vote at a poll held in manner prescribed, elect that the local government becomes a participating body.

  • (3)

    A local government or approved body shall cease to be a participating body, if and when the Governor cancels such declaration.

  • (4)

    Such declaration —

    • (a)

      may be cancelled if on consideration of a report from the Board, the Governor is satisfied that the local government or approved body is no longer suitable to be a participating body;

    • (b)

      shall, where applicable to an approved body, be cancelled if the governing body of the approved body, resolves that it no longer remains a participating body;

    • (c)

      shall, where applicable to a local government, be cancelled, if the ratepayers by a majority vote at a poll held in manner prescribed, elect that the local government no longer remains a participating body.

  • (5)

    Such cancellation shall not affect the liability, if any, of a local government or approved body to the Board.

[Section 4 amended: No. 14 of 1996 s. 4.]

5.The Board
  • (1)

    For the purposes of this Act, there shall be constituted a board having the name of The Library Board of Western Australia.

  • (2)

    The Board shall consist of 13 members including the Chairman and Vice Chairman.

  • (3)

    Of the members of the Board, one shall be the person for the time being holding or acting in the office of chief executive officer of the department referred to in section 228 of the School Education Act 1999, one shall be the chief executive officer 2 of the Department for the Arts 3 and the remaining 11 shall be appointed by the Governor, of whom —

    • (a)

      5 shall be nominated by the Minister; and

    • (b)

      each of the other 6 shall be selected by the Minister, in the manner provided by subsections (4) and (4a), to represent the body by which the member was nominated.

  • (4)

    A panel of the names of 3 persons, each of whom is resident in Western Australia, is to be submitted to the Minister under each of the following paragraphs by the body referred to in that paragraph and the Minister shall select one of the persons named from each panel to be the member of the Board for the purposes of that paragraph —

    • (a)

      representing the Australian Library and Information Association;

    • (b)

      representing the City of Perth ;

    • (c)

      representing the City of Fremantle ;

    • (d)

      WALGA representing local government districts that are in the metropolitan area;

    • (e)

      WALGA representing local government districts that are cities or towns and are not in the metropolitan area;

    • (f)

      WALGA representing local government districts that are shires and are not in the metropolitan area,

and for the purpose of filling any vacancy in the office of such a member, as soon as practicable after the vacancy occurs, the Minister shall request the body referred to in the paragraph under which the vacancy has occurred to submit to the Minister a panel of names under that paragraph within 28 days of the service of the request, but where no panel of names is submitted in response to the request within that time the Governor, on the recommendation of the Minister, may appoint a person under the appropriate paragraph as a member of the Board notwithstanding that the panel was not so submitted to the Minister.

  • (4a)

    Terms used in subsection (4)(d), (e) and (f) have the same meanings as in the Local Government Act 1995.

  • (5)

    Except in the case of a person who is appointed to fill an extraordinary vacancy, the term of tenure of office of a nominee member shall be 4 years from the date of appointment.

  • (5a)

    A nominee member shall be eligible to be selected for reappointment.

  • (6)

    The office of a nominee member of the Board shall become vacant —

    • (a)

      at the expiration of his term of office;

    • (b)

      if he dies;

    • (c)

      if he is incapable of continuing a member;

    • (d)

      if he resigns in writing under his hand addressed to the Governor in Council;

    • (e)

      if without leave granted by the Minister he fails to attend 3 successive meetings of the Board,

but the office of a nominee member of the Board shall not become vacant by reason only that if when appointed to the office he was a member of the council of a local government, he ceases to be such.

  • (7)

    If the office of a nominee member of the Board becomes vacant otherwise than by the retirement of such member at the expiration of his term of office, a person shall, in accordance with the provisions of this section, be appointed to fill the extraordinary vacancy.

  • (8)

    Any person appointed to fill an extraordinary vacancy shall, subject to the provisions of this section be entitled to hold office for the remainder of the term of office of the person in whose place he is appointed.

  • (9A)

    The Governor may, in respect of each nominee member of the Board, appoint a person as deputy or and to represent the same interests as that member, subject to subsection (9B), and a person so appointed shall, in the event of the absence of the member, have all the powers of that member during his absence, and no appointment of and no act done in that capacity by a deputy shall be questioned on the ground that the occasion for his appointment had not arisen or had ceased.

  • (9B)

    A member of the Board who is not a nominee member shall nominate in writing a senior executive officer of the department of the Public Service principally assisting the Minister charged with the administration of the School Education Act 1999 in administering that Act or of the Department for the Arts 3, as the case requires, to act for him as a member at any meeting which he is unable to attend, and while so attending the person so nominated has all of the functions and entitlements of that member.

  • (9C)

    In the event of the absence of the Chairman, the Vice Chairman shall have all the powers of the Chairman.

  • (9D)

    In the event of the absence of the Chairman and the Vice Chairman, then the members of the Board present may choose out of their number a member who shall for the purposes of that meeting and until its conclusion, have all the powers of the Chairman.

  • (10)

    The meetings of the Board shall be held at such times and places as may be determined, or until determined, as convened by the Chairman.

  • (11)

    The Chairman and Vice Chairman shall be elected annually by the members of the Board from among their number and shall be entitled to hold office for a period of 12 months, and shall on the expiration of any term of office, be eligible, subject to the provisions of this Act, for re‑election.

  • (12)

    The Board shall conduct its proceedings in such manner as may be prescribed, and until prescribed, as the Board shall determine, but in any case —

    • (a)

      7 members shall constitute a quorum for the conduct of business;

    • (b)

      all matters shall be determined by a majority of the votes of the members present, and where there is an equality of votes, the question shall be regarded as determined in the negative;

    • (c)

      each member, including the Chairman, shall be entitled to one vote only on the determination of any matter.

  • (13)

    The Board may act and exercise all of its powers, notwithstanding any vacancy in membership, and no act or proceeding of the Board shall be invalid or illegal in consequence only of any vacancy in membership existing at the time of any act or proceeding.

  • (14)

    Acceptance of, or acting in the office of member or deputy member of the Board by any person shall not of itself render the provisions of Part 3 of the Public Sector Management Act 1994 or the Superannuation and Family Benefits Act 1938 4, applicable to him, nor affect the application of those provisions to him if they apply to him at the time of the acceptance of or acting in the office.

  • (15)

    Every member of the Board shall be entitled to such travelling and other out‑of‑pocket expenses as the Governor thinks fit.

  • (16)

    The Board shall cause to be kept minutes of all its proceedings in such manner and form as the Minister may direct or approve.

[Section 5 amended: No. 20 of 1955 s. 6; No. 29 of 1974 s. 4; No. 44 of 1983 s. 3; No. 75 of 1987 s. 5; No. 7 of 1988 s. 20; No. 32 of 1994 s. 19; No. 14 of 1996 s. 4; No. 22 of 1996 s. 16(6); No. 57 of 1997 s. 80; No. 36 of 1999 s. 247; No. 49 of 2004 s. 13; No. 19 of 2010 s. 51.]

6.Appointment of Secretary and officers
  • (1A)

    The Board shall appoint as State Librarian a person who is a qualified librarian.

  • (1B)

    The person appointed to the office of State Librarian shall, by virtue of that office, be the Executive Officer and Secretary of the Board.

  • (1C)

    The Board may appoint such other officers as are required for the purpose of carrying out the Board’s functions in pursuance of this Act.

  • (2)

    The State Librarian and other officers shall not be appointed under Part 3 of the Public Sector Management Act 1994 but shall be entitled to such leave of absence and to such rights prescribed by or pursuant to the provisions of the Superannuation and Family Benefits Act 1938 4, as would apply if they were appointed under the provisions of that Part.

  • (3)

    Notwithstanding anything in this section, to the extent that there is in the case of a person who is appointed under this section to be the State Librarian or any other officer and who is a member of the Senior Executive Service within the meaning of the Public Service Act 1978 5 an inconsistency between this Act and that Act that Act shall prevail.

[Section 6 amended: No. 20 of 1955 s. 7; No. 113 of 1987 s. 32; No. 32 of 1994 s. 19; No. 19 of 2010 s. 51.]

7.Board a body corporate

The Board shall be a body corporate with perpetual succession and a common seal, and may sue and be sued and may, subject to the provisions of this Act, acquire, purchase, hold, sell, lease, exchange, mortgage and dispose of real and personal property.

8.Contracts

In relation to contracts to which the Board is a party, the following provisions shall apply —

  • (a)

    Every contract made by the Board may, if the Board thinks fit, specify the person to whose satisfaction the contract is to be completed and the mode of determining any dispute which arises concerning or in consequence of the contract.

  • (b)

    The powers granted to the Board under this or any other Act to make contracts may be exercised as follows —

    • (i)

      Any contract which, if made between private persons would be required by law to be in writing under seal, may be made on behalf of the Board in writing under the common seal of the Board, and may in the same manner be varied or discharged.

    • (ii)

      Any contract which, if made between private persons would be required by law to be in writing signed by the parties to be charged therewith, may be made on behalf of the Board in writing signed by any person acting under its authority express or implied and may, in the same manner, be varied or discharged.

    • (iii)

      Any contract which, if made between private persons would be valid in law although made by parol only and not reduced into writing, may be made by parol on behalf of the Board by any person acting under its authority express or implied and may in the same manner be varied or discharged.

  • (c)

    All contracts so made and duly executed by the parties thereto respectively shall be effectual in law and binding on the Board and all other parties thereto, their successors, heirs, executors or administrators, as the case may be, and in the case of default in the execution of any such contract either by the Board or by any other party thereto, such actions or suits or other proceedings may, subject to the provisions of this Act, be instituted either by or against the Board in its corporate name or by or against the other parties making the default, and such damages and costs recovered as might be instituted and recovered had the like contract been made between private persons.

  • [(d)

    deleted]

    • (e)

      The Board may compound and agree with any person or firm who has entered into any contract with it or against whom any action or suit is brought for any penalty contained in any such contract, or in any bond or other security for the performance thereof, or for or on account of any breach or non‑performance of any such contract, bond or security for such sum of money or other recompense as the Board thinks proper.

[Section 8 amended: No. 20 of 1955 s. 8.]

9.Protection of members of Board, officers, etc.

No matter or thing done by any member of the Board or by any officer or other person appointed or employed under the provisions of this Act, if done bona fide in the exercise of his powers or in the performance of his duties under this or any other Act, shall subject him to any personal liability in respect thereof.

10.Judicial notice of common seal

All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Board affixed to any deed and shall presume that such seal was properly affixed thereto.

11.Documents, how authenticated

Every notice, order, summons or other document requiring authentication by the Board may be sufficiently authenticated without the seal of the Board if signed by the Chairman or officer of the Board authorised to sign it.

12.Power of officer to represent Board

In all proceedings before a court of summary jurisdiction, or proceedings under the Legal Deposit Act 2012 section 14 or 15, any officer of the Board appointed by the Chairman in writing under his hand for that purpose may represent the Board in all respects as though such officer was the party concerned.

[Section 12 amended: No. 59 of 2004 s. 141; No. 10 of 2012 s. 22.]

13.Proof of certain matters not required
  • (1)

    In any prosecution or legal proceeding under the provisions of this Act or the Legal Deposit Act 2012 instituted by or under the direction of the Board, no proof shall be required, until evidence is given to the contrary, of —

    • (a)

      the constitution of the Board;

    • (b)

      any order of the Board to prosecute;

    • (c)

      the particular or general appointment of any officer or the Board to take proceedings against any person;

    • (d)

      the powers of the officer to prosecute;

    • (e)

      the appointment of the Chairman or of any nominee member or officer of the Board; or

    • (f)

      the presence of a quorum at any meeting at which any order is made or any act is done by the Board.

  • (2)

    The production of —

    • (a)

      a copy of the Government Gazette containing any regulation, declaration, order, or notice purporting to have been made or given under any of the provisions of this Act or the Legal Deposit Act 2012; or

    • (b)

      a copy purporting to be a true copy of any such regulation, declaration, order or notice certified as such under the hand of the Chairman or an authorised officer of the Board,

shall be evidence until the contrary is proved of the due making, existence, confirmation, approval and giving of such regulation, declaration, order or notice and of all preliminary steps necessary to give full force and effect to the same.

[Section 13 amended: No. 75 of 1987 s. 6; No. 10 of 2012 s. 23.]

14.Evidence of documents issued by the Board

All documents whatever purporting to be issued or written by or under the direction of the Board and purporting to be signed by the Chairman or an authorised officer, shall be received as evidence in all courts and before all persons acting judicially, and shall without proof be deemed to have been issued or written by or under the direction of the Board until the contrary is shown.

15.Functions and powers of the Board
  • (1)

    It shall be the duty of the Board to —

    • (Aa)

      control and manage The State Reference Library; and

    • (a)

      assist participating bodies in any scheme; and

    • (b)

      advise the Minister and participating bodies on matters of general policy relating to any scheme; and

    • (c)

      register as registered public libraries such libraries as are approved by the Board and as are controlled by participating bodies; and

    • (d)

      inspect or cause to be inspected libraries and library services, the controlling bodies of which apply for allocations in the distribution of any grant of money made available by Parliament to assist registered public libraries and registered public library services and to recommend to the Minister the allocation of any such grant as between respective applicants; and

    • (e)

      carry out such other functions in connection with registered public libraries as the Governor from time to time directs.

  • (2)

    The Board —

    • (a)

      may provide, control and manage libraries and library services; and

    • (b)

      may provide for the training of persons to carry out the duties of librarians and library assistants, such training to conform to the requirements of the Library Association of Australia ; and

    • (c)

      may perform the functions conferred on the Board under the Legal Deposit Act 2012.

[Section 15 amended: No. 20 of 1955 s. 9; No. 29 of 1974 s. 5; No. 10 of 2012 s. 24.]

16.Financial provisions
  • (1)

    The funds necessary for the effectual exercise by the Board of the powers conferred and duties imposed upon it by this Act and the Legal Deposit Act 2012 shall be —

    • (a)

      such moneys as are, from time to time, appropriated by Parliament for that purpose;

    • (b)

      such moneys as the Board may borrow pursuant to the provisions of this Act;

    • (c)

      the proceeds of any sale, lease, mortgage, exchange, or other disposal of real or personal property which the Board is authorised to effect and which may properly be so used;

    • (d)

      the proceeds of investment of any part of the Account which is not required for an immediate use;

    • (e)

      all gifts, devises and bequests made to the Board; and

    • (f)

      such moneys as the Board acquires under section 20A.

  • (2)

    All such moneys are —

    • (a)

      to be credited to an agency special purpose account called The Library Board of Western Australia Account established under section 16 of the Financial Management Act 2006; and

    • (b)

      to be applied to the purposes of this Act and the Legal Deposit Act 2012.

  • (3)

    The Account shall be operated upon in such manner as may be prescribed.

  • (4)

    Without other authorisation than this Act, the sum of $10 000 is hereby appropriated from the Consolidated Account for payment to the Board for carrying out the provisions of this Act during the first year of the operation of this Act.

[Section 16 amended: No. 20 of 1955 s. 10; No. 113 of 1965 s. 4; No. 6 of 1993 s. 11; No. 49 of 1996 s. 64; No. 77 of 2006 s. 4 and 17; No. 10 of 2012 s. 25.]

17.Temporary investment

All moneys standing to the credit of the Account may, until required by the Board in connection with the exercise of its powers or the discharge of its duties under this Act, be temporarily invested as the Treasurer may direct in any securities in which moneys standing to the credit of the Public Bank Account constituted under the Financial Management Act 2006 may lawfully be invested, and all interest derived from such investment shall be credited to the Account.

[Section 17 amended: No. 98 of 1985 s. 3; No. 49 of 1996 s. 64; No. 77 of 2006 s. 17.]

18.Financial assistance

The Board may —

  • (a)

    subsidise a registered public library conducted by a participating body to the extent of one dollar for each dollar expended by the participating body on its maintenance, including the costs of library services and salaries, but subject to such conditions as may be prescribed;

  • (b)

    recommend to the Minister the payment of additional grants over and above the subsidy referred to in the last preceding paragraph to participating bodies for initial stocking in special cases, having regard among other things to the area of the district of a local government which is a participating body, the population of that area, the rateable land in that area, and the potential revenue available to the local government apart from the provisions of this Act;

  • (c)

    subject to the approval of the Governor and to such conditions as the Governor thinks fit to impose, borrow money for the purposes of this Act.

[Section 18 amended: No. 20 of 1955 s. 11; No. 113 of 1965 s. 4; No. 14 of 1996 s. 4.]

19.Rating powers of local government
  • (1)

    A local government may exercise the provisions relating to rates of the Act under which it is constituted to make and levy, in addition to any other rate which it is thereby authorised to levy, a rate to be called the registered public library services rate, on all rateable land in the district of which it is constituted the local government.

  • (2)

    The registered public library services rate made on rateable land in a district in any financial year shall not exceed —

    • (a)

      in the case of land rated on unimproved capital value, the sum of 5/48 of a cent in the dollar;

    • (b)

      in the case of rateable land rated on annual rental value, a sum not exceeding 5/6 of a cent in the dollar.

  • (3)

    Rates levied in pursuance of the provisions of this section shall be used by the local government for the purposes of the provisions of this Act and may, on such terms and conditions as the local government thinks fit, be appropriated for payment as contributions to any other local government for registered public library services rendered by the other local government to the ratepayers or citizens of the first‑mentioned local government.

[Section 19 amended: No. 20 of 1955 s. 12; No. 113 of 1965 s. 4; No. 29 of 1974 s. 6; No. 14 of 1996 s. 4.]

20.Application of Financial Management Act 2006 and Auditor General Act 2006

The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Board and its operations.

[Section 20 inserted: No. 98 of 1985 s. 3; amended: No. 77 of 2006 s. 17.]

20A.Transition provisions relating to transfer of Public Library to the Board
  • (1)

    In this section unless the context requires otherwise —

appointed day means the day of the coming into operation of the Acts Amendment (Libraries) Act 1955 1;

Public Library means the Public Library of Western Australia mentioned in the Public Library Act;

Public Library Act means the Public Library, Museum, and ArtGallery of Western Australia Act 1911 6;

Trustees means the trustees in office under the Public Library Act.

  • [(2)

    deleted]

  • (3A)

    So much of the land described in the Schedule to the Public Library Act, and so much of the buildings on that land, as the Governor by proclamation declares to be vested in the Board, shall, by operation of this Act and the proclamation, cease to be vested in the Trustees, and shall become and be vested in the Board for such estate or interest as is mentioned in the proclamation, without the necessity of any transfer or conveyance.

  • (3B)

    The Board shall not, without the consent of the Governor sell, exchange, lease, mortgage or otherwise dispose of or encumber the land so vested, or any part of, or estate or interest in, the land.

  • (4A)

    On the appointed day all books, periodicals, newspapers or other printed matter and all maps, plans, music, manuscripts, pictures, prints, motion pictures, sound recordings, photographic plates or photographic films or any other matters or things whereby words or sounds are recorded or reproduced, together with all library fittings, furniture and equipment in the possession or control of or held in trust by the Trustees for the purpose of being used for the provision of a library service shall be transferred to and vested in the Board.

  • (4B)

    Where any doubt or difficulty arises as to whether subsection (4A) applies to any property, the Minister may by notice in writing give directions as to that property and a direction so given shall be binding upon all persons, courts and tribunals.

  • (4C)

    All contracts entered into or rights enjoyed prior to the commencement of the Acts Amendment (Libraries) Act 1955 1 by the Trustees which relate to the Public Library or library services shall be deemed to have been entered into or enjoyed by the Board and the Board shall take and exercise in respect thereof all the powers, duties, rights, liabilities and immunities of the Trustees.

  • (5A)

    All gifts and bequests made to or on behalf of or for the benefit or purposes of the Public Library shall, whether made before or after the coming into operation of the Acts Amendment (Libraries) Act 1955 1, be deemed gifts and bequests to or on behalf of or for the benefit of the Board.

  • (5B)

    All gifts and bequests made to or on behalf of or for the benefit or purposes of the Public Library, Museum and Art Gallery of Western Australia shall, whether made before or after the coming into operation of the Acts Amendment (Libraries) Act 1955 1, be allocated to or divided between the Board and the Trustees as the Governor thinks fit.

  • (6)

    Any references in any other Act to the Trustees of the Public Library, Museum and Art Gallery of Western Australia shall insofar as they refer to the Public Library or to the library service be construed as a reference to the Board.

  • (7A)

    All officers and employees holding office or being employed at the appointed day in the Public Library of Western Australia shall be deemed to have been appointed and engaged by the Board under the provisions of the Library Board of Western Australia Act 1951.

  • (7B)

    All rights and accruing rights of such officers and employees of the Trustees and of the officers and employees of the Board at the appointed day shall remain unimpaired and shall continue for the purposes of those persons’ employment with the Board and the Board shall undertake all matters incidental to the fulfilment of any obligations in connection therewith and the Trustees shall at the appointed day be freed and discharged from any such obligations.

  • (8)

    Where doubt or difficulty arises as a result of the operation of the Acts Amendment (Libraries) Act 1955 1, or if in the opinion of the Governor that Act omits to make adequate provision for any matters necessary to be provided for the transfer of the Public Library to the control and management of the Board, the Governor may by Order in Council make such provision as he thinks just and reasonable in the circumstances for the purpose of removing any such doubt or difficulty or determining what is to be done and upon being published in the Gazette such Order in Council shall have effect as if it had been enacted in that Act.

  • (9)

    Where by this section power conferred upon the Governor is exercisable by the making of a proclamation or an Order in Council, the Governor may, from time to time, by subsequent proclamation or Order in Council, as the case requires, amend or alter any previous proclamation or order so made.

[Section 20A inserted: No. 20 of 1955 s. 13; amended: No. 29 of 1974 s. 7; No. 19 of 2010 s. 51.]

21.Regulations
  • (1)

    The Governor may make regulations prescribing forms, fees and other matters and things which, by this Act, are contemplated, required or permitted to be prescribed, or which appear to be necessary or convenient for the purpose of effectually carrying out the provisions and intentions of this Act, and for better effecting the objects and purposes of this Act.

  • (2)

    The regulations may —

    • (a)

      impose a penalty not exceeding $100 for a breach thereof; and

    • (b)

      provide that, in addition to the penalty, any expense incurred in consequence of the breach, shall be paid by the offender.

  • (3)

    The regulations may be of general application or apply in particular cases, and may prescribe the cases in which, and the conditions, if any, under which any persons or things, or classes of persons or things, shall be exempted either wholly or to such extent as is specified in the regulations, from the provisions of the regulations.

  • (4)

    Regulations made pursuant to the provisions of this Act shall not be regarded as invalid on the ground that they delegate to or confer upon any person or class of persons a discretionary authority.

  • (5)

    The regulations, without limiting or otherwise prejudicing the provisions of the foregoing subsections of this section —

    • (a)

      may provide for the conduct of any library or library service;

    • (b)

      may regulate the use and provide for the protection of any library and its contents;

    • (c)

      may provide for the lodging of a deposit, security or guarantee against the loss of or injury to any book, periodical, magazine, reading matter or other thing, whether of the same or a different kind from the foregoing, by any person using it;

    • (d)

      may authorise the officers and servants of any participating body conducting free library services to exclude or remove from any premises used in connection with any library or library services, persons committing any offences against the regulations;

    • (e)

      may determine the number of books, magazines, periodicals, reading matter, and other things, whether of the same or a different kind from the foregoing, which may be borrowed by any persons or class of persons, and the period during which they may be so borrowed;

    • (f)

      may provide conditions for financial and other assistance to participating bodies;

  • [(g)

    deleted]

    • (h)

      may provide for the regulation of registered public libraries.

[Section 21 amended: No. 113 of 1965 s. 4; No. 29 of 1974 s. 8; No. 44 of 1983 s. 4; No. 53 of 2000 s. 12.]

[Heading deleted: No. 53 of 2000 s. 12.]

[22‑33. Deleted: No. 53 of 2000 s. 12.]

Notes

1          This is a compilation of the Library Board of Western Australia Act 1951 and includes the amendments made by the other written laws referred to in the following table 1a.   The table also contains information about any reprint.

Compilation table

Short title

Number and year

Assent

Commencement

Library Board of Western Australia Act 1951

42 of 1951

20 Dec 1951

30 Sep 1952 (see s. 2 and Gazette 26 Sep 1952 p. 2358)

Acts Amendment (Libraries) Act 1955 Pt. I

20 of 1955

3 Nov 1955

1 Dec 1955 (see s. 2)

Reprint of the Library Board of Western Australia Act 1951 approved 6 Aug 1963 in Vol. 17 of Reprinted Acts (includes amendments listed above)

Decimal Currency Act 1965

113 of 1965

21 Dec 1965

Act other than s. 4-9: 21 Dec 1965 (see s. 2(1)); s. 4-9: 14 Feb 1966 (see s. 2(2))

Library Board of Western Australia Act Amendment Act 1974

29 of 1974

29 Oct 1974

29 Oct 1974

Library Board of Western Australia Amendment Act 1983

44 of 1983

5 Dec 1983

5 Dec 1983

Reprint of the Library Board of Western Australia Act 1951 approved 17 May 1984 (includes amendments listed above)

Acts Amendment (Financial Administration and Audit) Act 1985 s. 3

98 of 1985

4 Dec 1985

1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255)

Acts Amendment (Arts Representation) Act 1987 Pt. III

75 of 1987

26 Nov 1987

12 Feb 1988 (see s. 2 and Gazette 12 Feb 1988 p. 399)

Acts Amendment (Public Service) Act 1987 s. 32

113 of 1987

31 Dec 1987

16 Mar 1988 (see s. 2 and Gazette 16 Mar 1988 p. 813)

Acts Amendment (Education) Act 1988 Pt. 7

7 of 1988

30 Jun 1988

8 Jul 1988 (see s. 2 and Gazette 8 Jul 1988 p. 2371)

Financial Administration Legislation Amendment Act 1993 s. 11

6 of 1993

27 Aug 1993

1 Jul 1993 (see s. 2(1))

Acts Amendment (Public Sector Management) Act 1994 s. 19

32 of 1994

29 Jun 1994

1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)

Local Government (Consequential Amendments) Act 1996 s. 4

14 of 1996

28 Jun 1996

1 Jul 1996 (see s. 2)

Education Amendment Act 1996 s. 16(6)

22 of 1996

11 Jul 1996

11 Jul 1996 (see s. 2(1))

Financial Legislation Amendment Act 1996 s. 64

49 of 1996

25 Oct 1996

25 Oct 1996 (see s. 2(1))

Statutes (Repeals and Minor Amendments) Act 1997 s. 80

57 of 1997

15 Dec 1997

15 Dec 1997 (see s. 2(1))

School Education Act 1999 s. 247

36 of 1999

2 Nov 1999

1 Jan 2001 (see s. 2 and Gazette 29 Dec 2000 p. 7904)

Reprint of the Library Board of Western Australia Act 1951 as at 2 Nov 1999 (includes amendments listed above except those in the School Education Act 1999)

State Records (Consequential Provisions) Act 2000 Pt. 6 7

53 of 2000

28 Nov 2000

1 Dec 2001 (see s. 2 and Gazette 30 Nov 2001 p. 6067)

Local Government Amendment Act 2004 s. 13

49 of 2004

12 Nov 2004

1 Apr 2005 (see s. 2 and Gazette 31 Mar 2005 p. 1029)

Courts Legislation Amendment and Repeal Act 2004 s. 141

59 of 2004

23 Nov 2004

1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)

Reprint 4: The Library Board of Western Australia Act 1951 as at 10 Feb 2006 (includes amendments listed above)

Financial Legislation Amendment and Repeal Act 2006 s. 4 and 17

77 of 2006

21 Dec 2006

1 Feb 2007 (see s. 2 and Gazette 19 Jan 2007 p. 137)

Standardisation of Formatting Act 2010 s. 44(3) and 51

19 of 2010

28 Jun 2010

11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)

Legal Deposit Act 2012 Pt. 6

10 of 2012

21 May 2012

1 Jan 2014 (see s. 2(b) and Gazette 17 Dec 2013 p. 6218)

1a        On the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation.   For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Short title

Number and year

Assent

Commencement

State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 54 8

43 of 2000

2 Nov 2000

To be proclaimed (see s. 2(2))

2 Under the Acts Amendment (Public Service) Act 1987 s. 31(1)(f) a reference in a written law to the Permanent Head is, unless the contrary intention appears, to be construed as if it had been amended to be a reference to the chief executive officer. This reference was amended under the Reprints Act 1984 s. 7(5)(a).

3          Under the Alteration of Statutory Designations Order (No. 3) 2001 a reference in any law to the Department of the Arts is read and construed as a reference to the Department of Culture and the Arts.

4 The Superannuation and Family Benefits Act 1938 was repealed by the State Superannuation Act 2000 s. 39, but its provisions continue to apply to and in relation to certain schemes because of the State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 26.

5          Under the Public Sector Management Act 1994 s. 112(1), a reference in a written law to the Public Service Act 1978 is, unless the contrary intention appears or it is otherwise provided under the Acts Amendment (Public Sector Management) Act 1994, to be construed as if it had been amended to be a reference to the Public Sector Management Act 1994.

6          Repealed by the Art Gallery Act 1959.

7          The State Records (Consequential Provisions) Act 2000 Pt. 6 Div. 2 reads as follows:

“

Division 2 — Transitional provisions

13. Interpretation

  • (1)

    In this Division —

commencement means the commencement of the State Records Act 2000.

  • (2)

    In this Division, unless the contrary intention appears, words and expressions have the same definitions as in the State Records Act 2000.

14. State archives to continue as such

  • (1)

    If immediately before commencement a record was a State archive under the Library Board of Western Australia Act 1951, then on commencement the record is to be taken to be a State archive for the purposes of the State Records Act 2000.

  • (2)

    On commencement any record —

    • (a)

      that under subsection (1) is to be taken to be a State archive for the purposes of the State Records Act 2000; and

    • (b)

      that is in the custody of the Library Board of Western Australia,

is to be taken to be in the State archive collection and the Board is to transfer the record to the collection.

  • (3)

    Subsection (2) does not affect section 18.

15. Certain State archives to be restricted access archives

  • (1)

    If immediately before commencement a record was a State archive under the Library Board of Western Australia Act 1951 and subject to —

    • (a)

      restrictions on public access imposed under section 32(3) of that Act; or

    • (b)

      restrictions on access imposed under section 32(5) of that Act,

then on commencement the record is to be taken to be a restricted access archive for 5 years after commencement.

  • (2)

    Subsection (1) does not prevent an application being made under section 38(3) of the State Records Act 2000 in respect of the restricted access archive.

16. State archives with unrestricted access not to be restricted

If immediately before commencement a record —

  • (a)

    was a State archive under the Library Board of Western Australia Act 1951;

  • (b)

    was not under that Act subject to any restrictions as to public access to it; and

  • (c)

    contains information about a person’s medical condition or about a person’s disability (as defined in the Disability Services Act 1993),

then on and after commencement the record is not subject to section 49 of the State Records Act 2000.

17. Provisions that apply until record keeping plan approved

Until a record keeping plan is approved by the Commission in respect of a government organization that is in existence on commencement, sections 30, 31 and 32 (except section 32(1)) of the Library Board of Western Australia Act 1951 have effect, despite the repeal of those sections by this Act.

18. Agreements as to State archives

If immediately before commencement an agreement is in force under section 26 of the Library Board of Western Australia Act 1951 then on and after commencement —

  • (a)

    the agreement has effect as if the Director were substituted for the Library Board of Western Australia as a party to the agreement;

  • (b)

    if the other party to the agreement is a State organization, the agreement has effect until the Commission approves the record keeping plan of that organization; and

  • (c)

    if the other party to the agreement is not a State organization, the agreement has effect according to its terms.

19. Applications to restrict access to archives not limited

This Division does not limit any right to apply under section 37(2)(b) of the State Records Act 2000 in respect of a State archive that immediately before commencement was a State archive under the Library Board of Western Australia Act 1951.

”.

8          On the date as at which this compilation was prepared, the State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 54 had not come into operation. It reads as follows:

“

54. Library Board of Western Australia Act 1951 amended

The Library Board of Western Australia Act 1951 is amended as follows:

  • (a)

    in section 5(14) by deleting “or the Superannuation and Family Benefits Act 1938‑1950,”;

  • (b)

    in section 6(2) by deleting “and to such rights prescribed by or pursuant to the provisions of the Superannuation and Family Benefits Act 1938‑1950,”.

”.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

Account......................................................................................................................... 3(1)

appointed day......................................................................................................... 20A(1)

approved body............................................................................................................. 3(1)

Board.............................................................................................................................. 3(1)

library............................................................................................................................. 3(1)

library service............................................................................................................... 3(1)

nominee member........................................................................................................... 3(1)

participating body........................................................................................................ 3(1)

Public Library.......................................................................................................... 20A(1)

Public Library Act................................................................................................... 20A(1)

registered public library.............................................................................................. 3(1)

scheme........................................................................................................................... 3(1)

State Reference Library............................................................................................... 3(1)

Trustees................................................................................................................... 20A(1)

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