Public Library, Museum, and Art Gallery of Western Australia Act 1911 (WA)

WESTERN AUSTRALIA.

ANNO PRIMO

GEORGII QU1NTI REGIS,

XXXVIII.

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No. 27 of 1911.

AN ACT to provide for the appointment and incorporation of Trustees for the Public Library of Western Australia, and the Western Australian Museum and Art Gallery, and for purposes consequent on and incidental to that object.

[Assented to 16th February, 1911.]

Legislative Assembly of Western Australia, in this present Parlia- BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and

ment assembled, and by the authority of the same, as follows:—

1.    This Act may be cited as the Public Library, Museum , and Short title and

Art Gallery of Western Australia Act, 1911, and shall come into commencement.

operation on a day to be fixed by Proclamation.

2.    The Committee of the Public Library of Western Australia, Existing COM-

and the Committee of the Western Australian Museum and Art IllitteeS dissolved.

Gallery shall, on the appointment of Trustees under this Act, be

dissolved.

1911, No. 27.] Public Library, Museum, and Art Gallery. [1 GEO. V.

Incorporation of	3. (1.) For the government of the Public Library of Western Australia, and the Western Australian Museum and Art Gallery, there shall be fourteen trustees, who shall be appointed as herein- after provided.
trustees.
(2.) The trustees shall be a body corporate by the name of "The Trustees of the Public Library. Museum, and Art Gallery of Western Australia," and shall have perpetual succession and a common seal, and may by that name sue and be sued, and shall have power to purchase, take, hold, sell, lease, exchange, mortgage, and dispose of real and personal property.
Appointment of

trustees. 4. (1.) Twelve of the trustees shall be appointed by the Gover-

nor.

(2.) The trustees appointed by the Governor at the com-

mencement of this Act shall, at a meeting convened by the Colonial

Treasurer, co-opt and appoint two trustees.

(3.) Future co-opted trustees shall be chosen and ap- pointed at an ordinary meeting of the trustees, or at a special meet- ing of the trustees convened for the purpose.

Term of office.	5. (1.) Except as hereinafter provided, every trustee ap- pointed by the Governor shall hold office for the term of six years from the first day of January next preceding his appointment:
Provided that one-third of the trustees appointed by the Gov- ernor at the commencement of this Act shall retire on the last day of the year one thousand nine hundred and twelve, and of each alternate year thereafter, to the intent that there may be a biennial appointment by the Governor of four trustees:
Provided also that the order of retirement of such trustees shall be determined by the Governor on their appointment.

(2.) Every co-opted trustee shall hold office for a term to

be fixed by the trustees at the co-optation, but not exceeding six

years from the date of such co-optation.

(3.) Every trustee shall be eligible for re-appointment.

(4.) Any trustee may be removed by the Governor.

President. 6. (1.) There shall be a president of the trustees, who shall be one of their number to be appointed by the Governor, on the recom- mendation of the trustees.

(2.) The president shall be appointed for the term of his

office as trustee.

(3.) The Governor may, upon the recommendation of the

trustees, appoint an acting president, during the absence of the president, for a term of not less than three months; and the word "President" in this Act includes the acting president for the time being.

1 GEO. V.1 Public Library, Museum, and Art Gallery. [1911, No. 27.

7. A casual vacancy in the office of a trustee shall occur in any Casual vacancies-- how caused.

of the following circumstances :—

(a.)	The death of the trustee.
(b.)	The resignation of the trustee by notice in writing, signed by the trustee, and received by the president or the secretary to the trustees.
(c.)	When the trustee has been absent, for the period of three months or more, from all the meetings of the trustees held during such period, without the permission of the trustees granted by a resolution passed before the ex- piration of such period.
(d.)	The removal of the trustee by the Governor.

8. (1.) The Governor may appoint a trustee upon any casual	Casual vacancies
how filled.

—

vacancy occurring in the office of any trustee appointed by him.

(2.) The trustees may appoint a trustee upon any casual

vacancy occurring in the office of a co-opted trustee.

(3.) Any trustee appointed under subsection one of this section shall hold office for the unexpired portion of the term of office of his predecessor.

9. Every appointment of trustees, and of the president, shall Appointments to be gazettes.

be notified in the Government Gazette.

10. Meetings of the trustees shall be held at such times as may	trustees.
Meetings of

be prescribed by regulations made under this Act:

Provided that until such regulations are made the trustees may be convened by the president, or, until the appointment of a president, by the Colonial Treasurer :

Provided also that the president may call a special meeting of the trustees as often as he thinks proper.

11.    The trustees may act and may exercise all their powers, 'trustees may act

notwithstanding g any vacancy in their membershipd , and no act or vacancy.

proceeding of the trustees shall be invalid or illegal in consequence only of such vacancy existing at the time of such act or proceeding.

12.    At all meetings of the trustees any six trustees shall. con- Quorum.

stitute a quorum, and all matters there considered shall. be decided by open voting, and by the majority of the votes of the trustees present.

13.    (1.) At all meetings of the trustees the president, if present, Chairman.

shall be chairman :

Provided that

(a.) at the meeting of the trustees held pursuant to sub-

section three of section four; or

1911, No. 27.] Public Library, Museum, and Art Gallery. [1 GEO. V.

(b.)	in the absence of the president from any meeting; or
(c.)	during a vacancy in the office of president,

one of the other trustees present shall be elected by those present

to be chairman of the meeting.

(2.) The chairman shall have a deliberative vote, and when the votes are equal for and against a motion, a casting vote.

Laud vested in

trustees.	14. The land described in the Schedule to this Act, together with all buildings thereon, and any other land or buildings which the Governor, by Proclamation, so directs, shall, by force of this Act and without any transfer or conveyance, vest in the trustees for an estate in fee simple:
Provided that the Governor may, after notification to the trus- tees of his intention, permit the Geological Survey Branch of the Department of Mines to occupy the offices in that portion of the said buildings situated at the corner of Beaufort Street and Fran- cis Street, and used at the commencement of this Act by the said Branch for such time and subject to such conditions as to the Governor may seem fit:
Provided also that the trustees may make regulations permit- ting any Government Department to have access to any part of the said land and buildings, and to the various collections therein contained:
Provided also that the trustees shall not sell, lease, mortgage, or otherwise deal with the said land or any part thereof without the consent of the Governor.
Personal property
vested in trustees.	15. (1.) All books, maps, manuscripts, documents, and papers, all pictures, engravings, and works of art, all coins and medals, all objects of natural history, mineral specimens, and exhibits, and all ether goods and chattels now contained in the Public Library of Western Australia, and the Western Australian Museum and Art Gallery, situated on the land described in the Schedule to this Act, except so far as any such goods and chattels are on loan to an y Committee superseded by the trustees, or as the Governor may otherwise direct, are hereby vested in the trustees.

(2.) All gifts and bequests made to or on behalf or for the

benefit or purposes of the Public Library of Western Australia, or the Western Australian Museum and Art Gallery shall be deemed gifts and bequests to or on behalf or for the benefit or purposes of the trustees.

(3.) The trustees are hereby empowered to receive, take, or

purchase any books, maps, manuscripts, documents, papers, pic- tures, engravings, or other works of art, coins, medals, objects of natural. history, mineral specimens, exhibits, and all other goods and chattels whatsoever, and to sell, exchange, or otherwise dis- pose of the same or any of them; but no picture or other work of

1 Ono. V.] Public Library, Museum, and Art Gallery. [1911, No. 27.

art shall be sold, exchanged, or otherwise disposed of without the

consent of the Governor.

(4.) The trustees are also hereby empowered to lend any of

such pictures and works of art

(a.)	to art galleries, art museums, and other similar insti- tutions beyond the limits of the State, in exchange for loans of pictures or works of art; and
(b.)	to municipalities and other institutions within the

State,

upon proper and sufficient guarantees against loss or damage.

(5.) The trustees are also hereby empowered to lend any of the objects mentioned in subsection three of this section, to Gov- ernment departments and heads of institutions or other persons upon proper and sufficient guarantees against loss or damage.

16.    The trustees may appoint such officers and servants as they Appointment of

deem necessary, and may pay them such salaries and wages as the officers.

trustees deem proper, and may dismiss their officers and servants.

17. The trustees shall have power to receive the moneys an- Application of Parliamentary

nually granted by the Parliament for the Public Library of West-

grants.

ern Australia and the Western Australian Museum and Art

Gallery respectively, and to pay and apply such moneys.

18.    (1.) The trustees may, with the approval of the Governor, Regulations.

make regulations for the following purposes:

(a.)	For the conduct of their business and proceedings:
(b.)	For the due management of the affairs of the Public Library of Western Australia, and the Western Australian Museum and Art Gallery :
(c.)	For the admission and for the exclusion or expulsion of the public or any individual to and from the Public Library of Western Australia, and the Western Australian Museum and A rt Gallery, or any part thereof :

(4.) For specifying the conditions and restrictions upon

and subject to which the public may be allowed

(i.)	To read books, manuscripts, and other docu- ments, or to make copies thereof or ex- tracts therefrom:
(ii.)	To inspect the pictures, works of art, and exhibits in the Art Gallery and the Mus- eum, and to make drawings or copies thereof :

(e.) For the effectual use of the pictures, works of art,

exhibits, coins, medals, mineral specimens, objects

of natural history, books, maps, manuscripts, docu-

1911, No. 27.] Public Library, Museum, and Art Gallery. LI. GEO. V.

ments, pamphlets, and papers for the purposes of

public education and enjoyment:

For fixing penalties for any breach of such regula- tions, not exceeding the stun of twenty pounds for any one offence:

(g.) For such other purposes as the Governor by Pro-

clamation allows: and

(h.) Generally for carrying into effect the objects of this

Act or any of such objects

(2.) All such regulations shall

(a.)	Be published in the Government Gazette:
(b.)	Take effect from the date of such publication, or

from a later date to be specified therein; and

(c.) Be laid before both Houses of Parliament within fourteen days after publication if Parliament is then in Session, and if not, then within fourteen days after the commencement of the next Session.

Procedure for 19. (1.) Alt proceedings in respect of offences against any

..lfenees.

regulations made under this Act shall be heard and determined

in a summary way under "The Justices Act, 1902."

(2.) A complaint for any such offence may be laid by or at the instance of any person.

Annual report 20. (1.) The trustees shall, on or before the thirtieth day of :old audit. September in each year, report their proceedings during the twelve

months ending on the preceding thirtieth clay of June to the Gov- ernor, and a copy of such report shall be laid as soon as practic- able before both Houses of Parliament.

(2.) The accounts of the trustees shall, once at least in every

year, be audited by the Auditor General who shall, in respect of such accounts, have all the powers conferred on him by "The Audit Act, 1904," and any Act for the time being in force relating to the audit of public accounts.

(3.) An abstract of such accounts, together with the report of the Auditor General thereon, shall be laid, as soon as practicable, before both Houses of Parliament.

I GEo. V.] Public Library, Museum, and Art Gallery. [1911, No. 27. 7

THE SCHEDULE.

RESERVE 3521.

All that piece of laud, situate in the City of Perth, bounded by a line com- mencing at the intersection of the North-West side of Beaufort Street with the North-East side of James Street; thence extending about 28deg. 14min. 5 chains along the said side of Beaufort Street; thence about 29Sdeg. 14min. 6 chains along the South-West side of Francis Street; thence about 20Sdeg. 14min. 5 chains along the South-East side of Museum Street, and about 118deg. 14min. 6 chains along the North-Eastern side of James Street aforesaid to the starting point (area 3 acres), and known as Perth Town Lots Y 29 and Y 291.

By Authority : FRED. WM. SIMPsoN, Government Printer, Perth.