The Public Library, Museum, and Art Gallery, and Institutes Act 1909 (SA)
EDWARDI V11 REGIS.
A. | D. 1909. |
No. 986. An Act to consolidate and amend the Laws as to the Public Library, Museum, and Art Gallery, the Adelaide Circulating Library, and Institutes; to incorporate and regulate the Institutes Association of South Australia; and for other purposes.
E i t Enacted by the Governor of the State of South Australia,
B
with the advice and consent of the Parliament thereof, as
f o l l o ~ ~ s | : |
PRELIMINARY.
l. This Act may be cited as " The Pltblic Library, Museum, andShort title. Art Galleq-, and Institutes Act, 1909."
2, This Act shall commence on a day to be fixed by Proclama-Commencem=tof tion, which day is in this Act referred to as the commencement of
this. ,4ct.
3, This -4ct is divided into the following Parts and Divisions,Amngement of Art namely .-
Board of Governors of the Public Libraly, |
Museum, and Art Gallery of South Australia.
PART | m,--The Adelaide Circulating Library. |
PART
- |
The Public Library, Mweum, and Art Gallery, and Institutes
Act .1909.
IV.-Urban, Suburban, and Country Institutes- |
Drvrs lo~ I.-Their | Constitution, Property, and Govern- |
ment:
DIVISION 11.-Mortgages | of Institute Property: |
T ~ I V I S I O N 111.-Dealings | with | Institute Property otherwise |
than by mortgage:
Drvis~olv iv.-Dissolution | of Institutes: |
DIVISION v.-Sale | of Institute to Corporation: |
DI V ~ S I O N | of | Institute to Corporation | under |
The Free Libraries Act, 1898 ":
DIVISION | v1 I.-Amalgamation of Institutes. |
v.-The | Institutes Association of South Australia-. |
VISION I.-Constitution of the Association: |
DIVISION | .II.-Meetings of the Association: |
DIVISION | 111.--The Council of the Association; its Con- |
stitution and Powers and Duties.
-
4, In this Act, and in regulations and by-laws made under this |
Act, and in proceedings taken under this Act or such regulations or by-laws, except where the subject matter or the context requires a different construction-
Corporation " means any Municipal Corporation or District Couucil, except the Corporation of the City of Adelaide:
Member Institute " means an institute which is for the time being a member of the Association: |
a The Association " deans the Institutes Association of South Australia incorporated by this Act:
" The Board " means the Board of Governors of the Public Library, Museum, and Art Gallery of | South Australia: |
The C:ouncil " means the Council for the time being of the
Association:
The Minister " means the Minister Controlling Education, or the Minister of the Crown for the time being discharging the duties of the Minister Controlling Education:
"This Act " includes rules, regulations, aud by-laws made by or
under, or continued in force by, this Act.
go EDWARDI VII, No. 986.
The Public Library, Museum, and Art Gallery,and I~titutes
Act .1909.
- - - -- - | - | . |
(2) Except so far as is necessary for carrying out the provisions | __- | - - -. |
such repeal shall not- |
(a) Affect the operation prior to the commencetnent of this
Act of any of the said enactments; or
anything done or suffered under any of |
the said enactments or;
(c) Affect any membership or office held, or any election or appointment made under m y of the aid enactments; or
( d ) Affect any statute, rule, regulation, or by-law made under any of the said enactments; or
( P ) Invalidate any mortgage, conveyance, or transfer validated
bp any of | the -said enactments; or |
( f ) | Affect |
(g) Affect any penalty, forfeiture, or punishment incurred or
liable to be incurred in respect of any offence committed
against any of the said enactments; or
( h ) Affect any investigation, legal proceeding, or remedy inrespect of any such right, privilege, obligation, liability
penalty, forfeiture, or punishment as aforesaid;
and any such investigation, legal proceeding, or remedy may be instituted, continued, or enforced, and any such penalty, forfeiture, or punishlent may be imposed and enforced, as if this Act had not been passed.
PART | 11. |
E | BOARD O F GOVERNORS OF THE PUBLIC LIBRARY, MUSEUM, AND ART GALkERY OF SOUTH AUSTRALIA. |
) The Board of Governors of the Public Library, Museum, BOB^^ |
and Art Gallery of South Australia, constituted by the '' Public
09"tinUCd.
206 1883-4; Library, Museum, and Art Gallery
A d, 13834," and the Acts amending the same, is hereby continued as the Board mder this Act.
(2) Subject to the provisions of this Act, the ~nembers~of | such |
Board of Governors who hold office at the commencement of this
Act shall continue in office until the end of the month of October, in the year one thousand nine hundred and ten, and shall then retire.
(3) The Board shall continue to be a body corporate with per- petual succession and a common seal, and shall, by the name of " The Board of' Governors of the Public Library, Museum, and Art Gallery of South Australia," be capable of suing and being sued,
of
go EDWARDI VII, No.986.
The Public Library, Museum, and Art Gallery, and Institutes
-- | A |
of proving and compounding debts, and of doing and suffering, subject to this Act, all such other things as bodies corporate may by law do and suffer.
thousand nine hundred and ten, the Board shall consist of fourteen members, of whom- |
I. The Governor shall appoint five members:
It. The University of Adelaide shall elect two members:I
I I. The South Australian Society of Arts shall elect one member:
IV. The Royal Society of South Australia shall elect one member:
u. The Royal Geographical Society of Australasia (SouthAustralian Branch) shall elect one member:
vr. The Adelaide Circulating Library shall elect one member;and
(2) No person shall be qualified to be elected a member of the Board by any of the societies or bodies mentioned in subsection (1) hereof (except the Association) unless he is at the time of his election a member of the society or body electing him.
(3) No person shall be qualified to be elected a member of the Board by the Association unless he is at the time of his election a member of an institute.(4) In the month of November in each year the Governor shall cause to be published in the
Government G'azotle a list of the members of the Board for the time being, and theGazette contain- ing such list shall beprimti Jacie evidence that the persons named
in such list are the members of the Board as therein specified. |
Retirement and
Governor shall be entered upon a roll which shall be kept by the | |
Board for that purpose. | |
go EDWAKDl VII, No.986.
The Public Library, Museum, and Art GaWery, cvnd I&&
Act. lg09.
-. |
year, and in the month of October in every year the several societies |
and bodies mentioned in section
7 (except the Association ) shallby the eocietiea.
elect members of the Board as provided b y the said section; and | |
at the annual meeting of the Association, or an adjournment thereof, three members of the Board shall be elected: Provided that every elected member of the Board shall hold office until the election of his successor, and shall then retire, but may be re-elected. |
of the Board by the several societies and bodies mentioned in section, |
Second Schedule to this Act: | Provided that each of the said |
societies and bodies is hereby empowered to make all such statutes,
151, 1859, B. 3. regulations, and rules, not being inconsistent with this Act, as i t
deems necessary or proper, either in substitution for, in alteration
of, or in addition to the provisions contained in the said schedule
applicable to such society or body, for the following purposes, or
any of them, namely, for prescribing :-
nominating candidates for election as |
members of the Board;
meetings for such elections; |
( c ) Subject to section 9, the times and places for holding suchmeetings;
(d) The number of | members or subscribers required to constitute |
a qumum at such meetings;
the business and proceedings of | such |
meetings;
Provisions for the election of members of the Board to fill vacancies arising otherwise than by effluxion of time; and |
(g) Generally all such matters of every kind as the society or
body deems it necessary or convenient to make for the
purpose of electing members of the Board:
Provided also that as r2gards the Association the powers conferred by this section shall be exercised by the Council.
11, All the members of the Board, whether appointed or elected,AU members tobe on
shall have and exercise the same rights, privileges, and powers, and | |
be under and subject to the same liabilities. |
shall occur in | the following circumstances :- |
(a) The death of the member: | |
go EDWAKDI VII, No. 986.
The Public Library, Museum, and Art Gallery, and Institutes
,- | .-- -- |
(c) When the member is not a member of | the society or body |
--U--
which elected him to the Board; or, if so elected by the association when he is not a member of any i rhi tute: |
(e) If the member was appointed by the Governor, the re- |
moval of the member by the Governor. | |
any casual vacancy occui~ing | in the office of any member of the |
Board | appointed by him. |
B. 11.
casual vacancy in the office of an elected member of the |
Board may be filled bv the election of a member by the society or body, which elected wsuch member. Any member of the Board elected under this subsection shall hold office for the unexpired portion of the term of office of the member in whose place he is so elected.
(3) Every appointment or election under this section shall be notified by the Governor in theGovernment Gazette, and theGazette containing such notification shall beprimd facie evidence of the appointment or election so notified.
tbe Governor may
who shall hold office for the same period and in all respects as if he or they had been elected'by the electing body so making default. | |
of any casual vacancy which occurs in the ofice of any elected member of the Board. |
15. (1) The Board may act and may exercise all its powers not-
withstanding any vacancy in its membership, and no act or pro- ceeding of the Board shall be invalid or illegal in consequence only of such vacancy existing a t the time of such act
or proceeding.
(2) |
entitled to be a member or to act as such, be as valid as if such member had been duly appointed and was qualified aiid entitled to
be and to act
as a member of the Board.
16. At
go EDWARDI VII,No. 986.
The Public Library, Museum, and Art Gallery,and Imtitutes
A c t. 1 9 W.
Quorum of Board.
Ibid, 8. 6 (part).
17. There shall be a President and a Vice-president of the Board,I'reqident and Via-
who shall be elected bp ballot by the members present at the first | |
ordinary meeting of the Board held in the month of November in every year: Provided that the President and Vice-president in office at the commencement of this Act, and each President and Vice- president subsequently elected, shall continue in office until the election of their successors respectively, and shall be eligible for re- election. |
18, ( 1 ) At all meetings of the Hoard the President, if present,Chairman. and if not, then the Vice-president, shall be chairman: Provided
New. that in the absence of the President and Vice-president from any
meeting or part of a meeting one of the other members present shall
be elected by those present to be chairman of the meeting during
such absence.
(2) The chairman shall have a deliberative vote only, and when
the votes are equal for and against a motion no decision shall be
deemed to have been arrived at.
land described in the Third Schedule to |
or buildings which the Governor, by Proclamation published in the | this Act, together with all buildings thereon, and any other lands | |
Gocemmeat Guzetre, so directs, shall be under the care, control, and management of the Board. | ||
| ||
ments of all kinds, and shall, with the like consent, be capable of selling, exchanging, letting, and otherwise disposing of the same. |
commencement of this Act, except the books, boxes, and other |
things used or intended to be used for circulation among institutes or otherwise for the purposes of institutes or any of the111, shall con- tinue to be vested in the Board.
(2) All gifts and bequests before, at, or after the commencement of this Act made to or on behalf or for the benefit or purposes of the Public Library, the Museum, the Art Gallery, or the Art Museum, or the Board, or the governing body of the said institu- tions, or any of them, shall be deemed gifts and bequests to or on behalf or for the benefit or purposes of the Board.
(3) The Board is hereby empowered to receive, take, or purchase any pictures or other works of art, objects of natural history, mineral specimens. exhibits, coins, medals, curiosities, books, maps, manuscripts, documents. pamphlets, or papers, or other goods or chattels whatsoever, and to sell, exchange, or otherwise dispose of the same or any of them; but no picture or other work of art shall
8 ge EDWARDI VII, No.986.
The Public LzZwary, Museum, and Art Gallery, and institutes
Ad.-1909.
- | be sold, exchanged, or otherwise disposed of without the consent of the Governor. | |
(4) The Board is also hereby empowered to lend any of such pictures and works of art to art galleries, art museums, and other similar institutions beyond the limits of the said State, in exchange for loam of pictures or works of |
deems necessary, and may pay them such salaries and wages as it | |
deems proper. | |
22. The Board shall have power to receive the moneys annually |
@all ted by the Pltrliamen t for the Public Library, Museum, and | |
Art Gallery, and for any societies or bodies affiliated with the | |
Board, except the Association, and to pay and apply such moneys. | |
with the Board, namely- |
The South Australian Society of | Arts; | |
The Royal Society of South Australia;
The Royal Geographical Society of Australasia (.South Aus-
tralian Branch); and
The Astronomical Society of South Australia.
(2) The Association is hereby affiliated with the Board.
be affiliaied. |
h t i t u k a Aaasocis-
(4) After the commencement of this Act no institute shall con- |
tinue to be affiliated with the Board. | |
' | shall permit the Association to use soch room or rooms in the said buildings and to use the same in such manner, as is or are for the time being necessary for the transaction and due performance of the business and duties of the Association and of the Council thereof. |
25. 'Ihe
- |
The Public Library, Mweum, and Art Gallery, and Institutes
Act .1909.
IV.-Urban, Suburban, and Country Institutes- |
Drvrs lo~ I.-Their | Constitution, Property, and Govern- |
ment:
DIVISION 11.-Mortgages | of Institute Property: |
T ~ I V I S I O N 111.-Dealings | with | Institute Property otherwise |
than by mortgage:
Drvis~olv iv.-Dissolution | of Institutes: |
DIVISION v.-Sale | of Institute to Corporation: |
DI V ~ S I O N | of | Institute to Corporation | under |
The Free Libraries Act, 1898 ":
DIVISION | v1 I.-Amalgamation of Institutes. |
v.-The | Institutes Association of South Australia-. |
VISION I.-Constitution of the Association: |
DIVISION | .II.-Meetings of the Association: |
DIVISION | 111.--The Council of the Association; its Con- |
stitution and Powers and Duties.
-
4, In this Act, and in regulations and by-laws made under this |
Act, and in proceedings taken under this Act or such regulations or by-laws, except where the subject matter or the context requires a different construction-
Corporation " means any Municipal Corporation or District Couucil, except the Corporation of the City of Adelaide:
Member Institute " means an institute which is for the time being a member of the Association: |
a The Association " deans the Institutes Association of South Australia incorporated by this Act:
" The Board " means the Board of Governors of the Public Library, Museum, and Art Gallery of | South Australia: |
The C:ouncil " means the Council for the time being of the
Association:
The Minister " means the Minister Controlling Education, or the Minister of the Crown for the time being discharging the duties of the Minister Controlling Education:
"This Act " includes rules, regulations, aud by-laws made by or
under, or continued in force by, this Act.
go EDWARDI VII, No. 986.
The Public Library, Museum, and Art Gallery,and I~titutes
Act .1909.
- - - -- - | - | . |
(2) Except so far as is necessary for carrying out the provisions | __- | - - -. |
such repeal shall not- |
(a) Affect the operation prior to the commencetnent of this
Act of any of the said enactments; or
anything done or suffered under any of |
the said enactments or;
(c) Affect any membership or office held, or any election or appointment made under m y of the aid enactments; or
( d ) Affect any statute, rule, regulation, or by-law made under any of the said enactments; or
( P ) Invalidate any mortgage, conveyance, or transfer validated
bp any of | the -said enactments; or |
( f ) | Affect |
(g) Affect any penalty, forfeiture, or punishment incurred or
liable to be incurred in respect of any offence committed
against any of the said enactments; or
( h ) Affect any investigation, legal proceeding, or remedy inrespect of any such right, privilege, obligation, liability
penalty, forfeiture, or punishment as aforesaid;
and any such investigation, legal proceeding, or remedy may be instituted, continued, or enforced, and any such penalty, forfeiture, or punishlent may be imposed and enforced, as if this Act had not been passed.
PART | 11. |
E | BOARD O F GOVERNORS OF THE PUBLIC LIBRARY, MUSEUM, AND ART GALkERY OF SOUTH AUSTRALIA. |
) The Board of Governors of the Public Library, Museum, BOB^^ |
and Art Gallery of South Australia, constituted by the '' Public
09"tinUCd.
206 1883-4; Library, Museum, and Art Gallery
A d, 13834," and the Acts amending the same, is hereby continued as the Board mder this Act.
(2) Subject to the provisions of this Act, the ~nembers~of | such |
Board of Governors who hold office at the commencement of this
Act shall continue in office until the end of the month of October, in the year one thousand nine hundred and ten, and shall then retire.
(3) The Board shall continue to be a body corporate with per- petual succession and a common seal, and shall, by the name of " The Board of' Governors of the Public Library, Museum, and Art Gallery of South Australia," be capable of suing and being sued,
of
go EDWARDI VII, No.986.
The Public Library, Museum, and Art Gallery, and Institutes
-- | A |
of proving and compounding debts, and of doing and suffering, subject to this Act, all such other things as bodies corporate may by law do and suffer.
thousand nine hundred and ten, the Board shall consist of fourteen members, of whom- |
I. The Governor shall appoint five members:
It. The University of Adelaide shall elect two members:I
I I. The South Australian Society of Arts shall elect one member:
IV. The Royal Society of South Australia shall elect one member:
u. The Royal Geographical Society of Australasia (SouthAustralian Branch) shall elect one member:
vr. The Adelaide Circulating Library shall elect one member;and
(2) No person shall be qualified to be elected a member of the Board by any of the societies or bodies mentioned in subsection (1) hereof (except the Association) unless he is at the time of his election a member of the society or body electing him.
(3) No person shall be qualified to be elected a member of the Board by the Association unless he is at the time of his election a member of an institute.(4) In the month of November in each year the Governor shall cause to be published in the
Government G'azotle a list of the members of the Board for the time being, and theGazette contain- ing such list shall beprimti Jacie evidence that the persons named
in such list are the members of the Board as therein specified. |
Retirement and
Governor shall be entered upon a roll which shall be kept by the | |
Board for that purpose. | |
go EDWAKDl VII, No.986.
The Public Library, Museum, and Art GaWery, cvnd I&&
Act. lg09.
-. |
year, and in the month of October in every year the several societies |
and bodies mentioned in section
7 (except the Association ) shallby the eocietiea.
elect members of the Board as provided b y the said section; and | |
at the annual meeting of the Association, or an adjournment thereof, three members of the Board shall be elected: Provided that every elected member of the Board shall hold office until the election of his successor, and shall then retire, but may be re-elected. |
of the Board by the several societies and bodies mentioned in section, |
Second Schedule to this Act: | Provided that each of the said |
societies and bodies is hereby empowered to make all such statutes,
151, 1859, B. 3. regulations, and rules, not being inconsistent with this Act, as i t
deems necessary or proper, either in substitution for, in alteration
of, or in addition to the provisions contained in the said schedule
applicable to such society or body, for the following purposes, or
any of them, namely, for prescribing :-
nominating candidates for election as |
members of the Board;
meetings for such elections; |
( c ) Subject to section 9, the times and places for holding suchmeetings;
(d) The number of | members or subscribers required to constitute |
a qumum at such meetings;
the business and proceedings of | such |
meetings;
Provisions for the election of members of the Board to fill vacancies arising otherwise than by effluxion of time; and |
(g) Generally all such matters of every kind as the society or
body deems it necessary or convenient to make for the
purpose of electing members of the Board:
Provided also that as r2gards the Association the powers conferred by this section shall be exercised by the Council.
11, All the members of the Board, whether appointed or elected,AU members tobe on
shall have and exercise the same rights, privileges, and powers, and | |
be under and subject to the same liabilities. |
shall occur in | the following circumstances :- |
(a) The death of the member: | |
go EDWAKDI VII, No. 986.
The Public Library, Museum, and Art Gallery, and Institutes
,- | .-- -- |
(c) When the member is not a member of | the society or body |
--U--
which elected him to the Board; or, if so elected by the association when he is not a member of any i rhi tute: |
(e) If the member was appointed by the Governor, the re- |
moval of the member by the Governor. | |
any casual vacancy occui~ing | in the office of any member of the |
Board | appointed by him. |
B. 11.
casual vacancy in the office of an elected member of the |
Board may be filled bv the election of a member by the society or body, which elected wsuch member. Any member of the Board elected under this subsection shall hold office for the unexpired portion of the term of office of the member in whose place he is so elected.
(3) Every appointment or election under this section shall be notified by the Governor in theGovernment Gazette, and theGazette containing such notification shall beprimd facie evidence of the appointment or election so notified.
tbe Governor may
who shall hold office for the same period and in all respects as if he or they had been elected'by the electing body so making default. | |
of any casual vacancy which occurs in the ofice of any elected member of the Board. |
15. (1) The Board may act and may exercise all its powers not-
withstanding any vacancy in its membership, and no act or pro- ceeding of the Board shall be invalid or illegal in consequence only of such vacancy existing a t the time of such act
or proceeding.
(2) |
entitled to be a member or to act as such, be as valid as if such member had been duly appointed and was qualified aiid entitled to
be and to act
as a member of the Board.
16. At
go EDWARDI VII,No. 986.
The Public Library, Museum, and Art Gallery,and Imtitutes
A c t. 1 9 W.
Quorum of Board.
Ibid, 8. 6 (part).
17. There shall be a President and a Vice-president of the Board,I'reqident and Via-
who shall be elected bp ballot by the members present at the first | |
ordinary meeting of the Board held in the month of November in every year: Provided that the President and Vice-president in office at the commencement of this Act, and each President and Vice- president subsequently elected, shall continue in office until the election of their successors respectively, and shall be eligible for re- election. |
18, ( 1 ) At all meetings of the Hoard the President, if present,Chairman. and if not, then the Vice-president, shall be chairman: Provided
New. that in the absence of the President and Vice-president from any
meeting or part of a meeting one of the other members present shall
be elected by those present to be chairman of the meeting during
such absence.
(2) The chairman shall have a deliberative vote only, and when
the votes are equal for and against a motion no decision shall be
deemed to have been arrived at.
land described in the Third Schedule to |
or buildings which the Governor, by Proclamation published in the | this Act, together with all buildings thereon, and any other lands | |
Gocemmeat Guzetre, so directs, shall be under the care, control, and management of the Board. | ||
| ||
ments of all kinds, and shall, with the like consent, be capable of selling, exchanging, letting, and otherwise disposing of the same. |
commencement of this Act, except the books, boxes, and other |
things used or intended to be used for circulation among institutes or otherwise for the purposes of institutes or any of the111, shall con- tinue to be vested in the Board.
(2) All gifts and bequests before, at, or after the commencement of this Act made to or on behalf or for the benefit or purposes of the Public Library, the Museum, the Art Gallery, or the Art Museum, or the Board, or the governing body of the said institu- tions, or any of them, shall be deemed gifts and bequests to or on behalf or for the benefit or purposes of the Board.
(3) The Board is hereby empowered to receive, take, or purchase any pictures or other works of art, objects of natural history, mineral specimens. exhibits, coins, medals, curiosities, books, maps, manuscripts, documents. pamphlets, or papers, or other goods or chattels whatsoever, and to sell, exchange, or otherwise dispose of the same or any of them; but no picture or other work of art shall
8 ge EDWARDI VII, No.986.
The Public LzZwary, Museum, and Art Gallery, and institutes
Ad.-1909.
- | be sold, exchanged, or otherwise disposed of without the consent of the Governor. | |
(4) The Board is also hereby empowered to lend any of such pictures and works of art to art galleries, art museums, and other similar institutions beyond the limits of the said State, in exchange for loam of pictures or works of |
deems necessary, and may pay them such salaries and wages as it | |
deems proper. | |
22. The Board shall have power to receive the moneys annually |
@all ted by the Pltrliamen t for the Public Library, Museum, and | |
Art Gallery, and for any societies or bodies affiliated with the | |
Board, except the Association, and to pay and apply such moneys. | |
with the Board, namely- |
The South Australian Society of | Arts; | |
The Royal Society of South Australia;
The Royal Geographical Society of Australasia (.South Aus-
tralian Branch); and
The Astronomical Society of South Australia.
(2) The Association is hereby affiliated with the Board.
be affiliaied. |
h t i t u k a Aaasocis-
(4) After the commencement of this Act no institute shall con- |
tinue to be affiliated with the Board. | |
' | shall permit the Association to use soch room or rooms in the said buildings and to use the same in such manner, as is or are for the time being necessary for the transaction and due performance of the business and duties of the Association and of the Council thereof. |
25. 'Ihe
go EDWARDI VII, No.986.
The Public Library, Museum, and Art Gallery, and Institutes
Act.1909.
.
25. The Board shall have power to accord to any society orbody affiliated with it, or to any society or body having for its object
The Board may grant
the encouragement of literature or the arts or sciences, or any of |
them, such privileges and such use of any lands, buildings, and
Act ,,,, ,,,,-,
other real and personal property vested in the Hoard, or under its |
control, as the Board thinks fit, and for such period and upon such | ||
terms as the Board thinks fit. |
26. (1) Notwithstanding the passing of this Act, all rules and |
regulations made by the Board which are in force at the commence- |
ment of this Act, except such as relate to institutes, shall remain | |
in force, except so far as repealed or altered under the power con- ferred upon the Board by this section. |
regulation^. |
regulations, not inconsistent with this Act or with the power of any other society or body to make regulations as provided by this Act, for the following purposes :-
I. For the conduct of | its own business and proceedings: |
Ir. For the due management of the affairs of the Public Library, Museum, and
Art Gallery, and any other libraries, museums, galleries, and other institutions under the control of the Board:
111. For the admission and for the exclusion or expulsion ofthe public or any individual to and from the Public Library, Museum, and Art Gallery, and any other libraries, museums, galleries, and other institutions under the con- trol of the Board, or any part thereof:
IV. For specifying the conditions and restrictions upon and subject to which the public may be allowed-
art, and exhibits |
in the Art Gallery, the Museum, and any other galleries, museums, and other institutions under the control of the Board, and to make drawings or copies thereof:
v. For the effectual use of the pictures, exhibits, coins, medals mineral specimens, curiosities, objects of natural history, works of art, books, maps, manuscripts, documents, pamphlets, and papers for the purposes of public educa- tion and enjoyment:
v | any regulation of the |
Board authorised by this Act to be made, or of any rule or regulation continued in force by this Act, not exceeding
the sum of | Twenty Pounds for any one offence: |
B-986
go EDWARDI VII, No.986.
The Public Library, Museum, and Art Gallery, and Institutes
Act.1909.
.
25. The Board shall have power to accord to any society orbody affiliated with it, or to any society or body having for its object
The Board may grant
the encouragement of literature or the arts or sciences, or any of |
them, such privileges and such use of any lands, buildings, and
Act ,,,, ,,,,-,
other real and personal property vested in the Hoard, or under its |
control, as the Board thinks fit, and for such period and upon such | ||
terms as the Board thinks fit. |
26. (1) Notwithstanding the passing of this Act, all rules and |
regulations made by the Board which are in force at the commence- |
ment of this Act, except such as relate to institutes, shall remain | |
in force, except so far as repealed or altered under the power con- ferred upon the Board by this section. |
regulation^. |
regulations, not inconsistent with this Act or with the power of any other society or body to make regulations as provided by this Act, for the following purposes :-
I. For the conduct of | its own business and proceedings: |
Ir. For the due management of the affairs of the Public Library, Museum, and
Art Gallery, and any other libraries, museums, galleries, and other institutions under the control of the Board:
111. For the admission and for the exclusion or expulsion ofthe public or any individual to and from the Public Library, Museum, and Art Gallery, and any other libraries, museums, galleries, and other institutions under the con- trol of the Board, or any part thereof:
IV. For specifying the conditions and restrictions upon and subject to which the public may be allowed-
art, and exhibits |
in the Art Gallery, the Museum, and any other galleries, museums, and other institutions under the control of the Board, and to make drawings or copies thereof:
v. For the effectual use of the pictures, exhibits, coins, medals mineral specimens, curiosities, objects of natural history, works of art, books, maps, manuscripts, documents, pamphlets, and papers for the purposes of public educa- tion and enjoyment:
v | any regulation of the |
Board authorised by this Act to be made, or of any rule or regulation continued in force by this Act, not exceeding
the sum of | Twenty Pounds for any one offence: |
B-986
-- |
The Public fi 'bra~y,Museum, a d Art Gallery, and Institutes
- |
this Part |
or any of such objects,
conferred by the next preceding section shall- |
.- | |
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 commence- ment of the next Session.
(2) Notwithstanding any publication thereof, no regulation shall continue to have any force or effect if the same is disapproved by resolution of either House of Parliament within thirty days after such regulation has been laid before Parliament, if Par- liament is so long in Session: Provided that if Parliament is not in Session for thirty days after such regulation has been laid before Parliament, then such regulation shall not continue to have any force or effect if disapproved by either House of Parliament within thirty days after the cornmehcement of the next Session of Parliament.
Annual report and
September in each year, report its proceedings during the twelve
months ending on the preceding thirtieth day of June to the Governor, and a copy of such report shall be laid as soon as practicable before both Houses of Parliament. | |
(2) 'l'he accounts of the Board shall, once at least in every ywr, be audited by the Commissioner of Audit, who shall, m respect of | |
| |
Audit Act, 1682," and any Act for the time being in force relating to the audit of public accounts. An abstract of such accounts, together with the report of the Commissioner of Audit thereon, shall be laid, as soon as practicable, before both Houses of Parliament. | |
Education of the School of Design, Painting, and 'l'echnical Art, | |
forme~ly carried on under the control of the Board, is hereby con- firmed, and the said School shall be carried on by the Fducation Department. | |
PART
go EDWARDI VII, No.986.
Act.-1m.
PART |
THE
ADETAAIDE CLRCULATING LIBRARY.
30. In this Part " Library " means the Adelaide Circulatinghterprektion.
IJibrary, and | Committee" means the Committee of the said |
Libr arp. |
31. The Library heretofore known as the Adelaide CirculatingAdelaideCir~ulatin~ Library is hereby continued, and the title of the Library to all
Library continued.
books, maps, manuscripts, documents, pamphlets, and papem |
S 3.5. formerly belonging to the South Australian Institute, which have been transferred to the Library in pursuance of the provisions of section
35 of thea Public Library, Museum, and Art Gallery Act,1883-1," as well as to all other property of the Library, is hereby confirmed.
for its use such rooms in the buildings under ite control as the
rooms to the Library.
Board thinks fit. |
33. The Library shall participate in the annual grant of moneys
TO participate in voted by Parliament for institutes, to such extent as the Minister
gran" 'Or '".titUtep* directs.Ibid, S. 35 (plrt).
34. The Library shall continue to be a body corporate by the~, , ~ t i. , ~ w ~
name of | the Adelaide Circulating Library, and shall have per- |
p e b d successim ~ n d | a common seal, and by such name shall be |
capable of suing and being sued, of proving and compounding debts, and of daing and suffering, subject to this Act, all such other acts and things as bodies corporate may do and suffer, and shall be sub- ject to the rules in the Fourth Schedule to this Act, or other the rules for the time being in force in respect thereof.
Fourth Schedule, to the Library shall be members thereof: |
vided 'that |
l |
the Library, at |
the annual general meeting in every year, to elect from among |
themselves five persons to be the Committee of the Library, and
!bid2 8.38. the persons so elected shall retain office until the election
of theirsuccessors.
(2) At all meetings of the Committee any three members shall constituten quorum.
37. Any casual vacancy :awed by the death or resignation oft;$;~;;;;;$,~~.
any member of the Committee may be filled by the election of | member |
go EDWARDI VII, No.985.
The Public L i h ~ y,Museum, and Art Gallery, and Zwtdutes
Aot.1909. member of the Committee by the members of the Library, in the manner prescribed by the next succeeding section, and such member shall hold office for the unexpired portion of the term of office of the member in whose place he is so elected.
Election of membera
ballot, which shall be taken in a place and on a day to be fixed by
any general or special meeting of the members of the Library, or by any adjournment of any such meeting. | |
(4) No person shall be eligible as | |
(5) The result of such election shall be certified in writing to the Committee by the said secretary, or such other person as is appointed as aforesaid. |
39, |
librarian, and such other officers as to the Committee seem proper. | |
|
be held annually in the month of October, on such a day and at
such hour and place as are from time to time fixed by the Committee, by giving seven days' notice in any two newspapers published and circulating in Adelaide. | |
place, as they or he appoints, and thereafter in like manner until a quorum is obtained. |
(3) At such general meeting-(a) The time and place for the ballot for the election of the Committee for the ensuing year shall be fixed:
( b ) A
go EDWARDIVII, No.986.
The Public Library, Museum, andArt Gallery, andInstituta
Ad .1909.
shall be laid before the meeting:
(c) The necessary steps shall be taken to elect a member of the
Board; and
(d) All matters connected with the affairs of the Library may
be discussed.
(4) The Committee may a t any time, upon givmg seven days'
notice in any two newspapers published and circulating in Adelaide,
convene a meeting of the members of the Library for the pwpose of
taking the necessary steps to elect a member of | the Board. |
or more members of the Committee or of any thirty or more of the | 41. The Committee may and, on the requisition of any two |
members of the Library, shall, by giving fourteen days' notice in
any two newspapers published and circulating in Adelaide, and
affixing a legible copy of such notice in
the desk a t which books are issued to subscribers, convene a special
general meeting of the members for the purpose of considering
such matters connected with the Libiary as are set forth in such
requisition.
into bank and pay-
to its credit at such bank in Adelaide as the Committee directs. |
signed by the secretary or other person appointed by the Committee
for such purpose.
cheque, signed by two members of the Committee and counter-
43. (1) The Committee may, from time to time, make rules for
Power of making
the Library, not inconsistent with this Act, in addition to, or in |
substitution for, or in amendment or alteration of, the rules con- |
tained in the said Fourth Schedule. | Ibid, |
(2) The provisions of section the Board shall apply to all rules made under the power conferred by this section. |
URBAN, SUBURBAN, AND
COUNTRY INSTITUTES.
44. I n this Act, unless the subject matter or the context requireswhat are inst i tut~
a different construction, the word | institute " means any urban, |
aubur ban, or country institute (whether incorporated or not) existing |
at the commencement of this Act or thereafter established, and
296, 1883-4,#. 18.includes any institute which, or the real and personal property of
which, has been transferred to a corporation under any Act hereby
repealed,
g" EDWARDIVII, No.986.
repealed, or the real and personal property of which is has been |
-- | transferred to a corporation under this Act, and also includes any institute formed by the amalgamation of two or more institutes under any Act hereby repealed or this |
'' | 'l'he Free Libraries |
. | |
Act, 1898," shall be deemed to be institutes for the purpose of par- | |
ticipating in any grant voted by Parliament in aid of institutes. | |
capable of becoming incorporated | |
V. of this Part, be vested in a committee constituted and elected |
such institute. |
an institute, shall |
vest in the committee thereof. | |
(2) Any person, not being less than fifteen years of age a t the date of applying for membership, shall be entitled to become a member of an institute on complying with the rules of such insti- tute as to subscription and entrance fee (if any), and making appli- cation in accordance with such rules: Provided that the committee may reject any application or expel any member whom they deem unfit to be a member of the institute. | |
| |
49, From the commencement of this Act the Association shall |
be the trustee. of any institute which has not, for the time being, | |
any Act hereby repealed or this Act. |
at a general meeting of such member8 duly convened by notice | |
stating the object of such meeting, appoint or elect trustees of such institute. | |
(2) Such trustees, having aceepted office, shall continue to be trustees, subject, as to the duration of office and as to powers and duties, to anything prescribed in the rules of the institute. |
(1) All real and personai property belonging to an institute shall be vested in the trustees of such institute for the time being
to be vested in the
bring and defend
for the use and benefit of such institute, and for the purposes |
thereof, |
go EDWAKDIVII, No. 986.
The Public Library, Museum, and Ad Gallery, and imtitutes
Act.19,W.
thereof, subject, nevertheless, as to any property, to any express |
trusts affecting the same created by any instrument dealing with - | |
such property. | |
(2) After any change of trustees, whether by the death, resigna- tion, or removal of any trustee or otherwise, the real and personal property of the institute shall, upon the filing of the memorial mentioned in section | |
(4) No such action or other matter shall be discontinued or abate by any change in the trustees, whether by the death of any trustee or by his resignation or removal from the office of trustee, or other- wise; but the same may be proceeded with by or against the trustees for the time being in the proper names of the person or persons by gr against whom the same was commenced; and such trustees for the time being shall receive or pay the like costs as if the action or other matter had been con~rnericed by or against them in their names as trustees of the institute. |
52. The trustees of an institute shall permit all and every partUse ofinstitute
of the property of such institute vested in them as such trustees to
be used for the purposes of the institute, and in such manner as
the committee of such institute from time to time decides: Pro-
vided that if there is for the time being no such committee, the
trustees shall use all and every part of such property in such manner, |
not being inconsistent with the purposes of the institute, as they
deem best suited to further such purposes.
53, (1 ) A memorial of the names of the persons in whom theMemorials or names property of an institute is vested as trustees thereof, in the form or
9 ~ ~ ~ ~; ~ ~ ~ ~ ! ~ d to the effect set forth in the Fifth Schedule to this Act, signed by
such trustees and verified on oath before a Justice of | the Peace for |
the said State, or a Commissioner for taking affidavits in the Supreme C o ~ ~ r t thereof, shall be filed in the Supreme Court within thirty days after the election or appointment of such trustees.
(2) When any trustee of such institute is newly elected or ap- pointed, a memorial of the name of such newly elected or appointed trustee, in the form or to the effect aforesaid, signed by su& newly elected or appointed trustee, and by the continuiag
trustees of such institute, and verified as aforesaid, shall be filed in the Supreme Court within thirty days next d t e r such trustee isso elected or
appointed. |
go EDWARDI VII, No.986.
The Public Library, Mwreum, and Art Gallery, and Institutes
- | . -. | -- |
---
payment of a fine of Ten Shillings, and after six mont,hs on payment of a fine of Five Pounds. |
(4) When the property of an institute becomes vested in the Association as trustee by virtue of this Act the memorial required by this section shall be signed by the President, or any two members, and the secretary of the Council, and may be filed without fee at any time whilst such property is so vested. The signatures to such memorial shall not require verification.
~nt i lauth
(5) Until a memorial, or memorials if necessary, of the name or |
filed no artion to be
names of the trustee or trustees for the time being of an institute | |
is or are filed in the manner hereinbefore directed, no action, suit, or other proceeding shall be brought by such institute, or by the trustee or trustees thereof, under the authority of this Act. | |
any Act amending or substituted for that Act, the Registrar- | ||
General shall, upon the filing with hi111 of an office copy of any such memorial as mentioned in the next preceeding section, sealed with the seal of the Supreme Court, and without requiring any transfer or other assurance whatever, make such entries in the Register-book, and do all such other acts and things, as are neces- sary to register the trustees of an institute, as shown by such office copy, as the proprietors of any land the property of such institute, which has been brought under the provisions of The Real Property Act, 1886," or any Act substituted for that Act. | ||
| ||
consequent upon such summons shall be ordered to be paid by the Registrar-General, but whatever is the result of the summons he shall be entitled to such (if any) costs as the said Court or Judge deems proper. | ||
Trustees |
institute becomes vested as trustee or trustees shall, within three | |
months from the vesting of such real property in him or them, | |
make out and deliver to the Minister, or to such person as is from time to time appointed by the Minister in that behalf, a return containing the particulars set forth in the form in the Sixth Schedule to this Act. | |
time to time remains vested shall make out and deliver, in like manner, a similar return in the month of January in each year. |
(3) Every
go EDWARDIVII, No. 986.
T h Public Library, Museum, and Art Gallery, and Imtit*
A d. 1 9 0 9.
I. |
(a) Fails to make out and deliver such return within the time fixed by this section sha,ll be liable to a penalty of not less
than One Pound nor more than Five Pounds:
false, |
shall be liable to a penalty of not less than Five Pounds
nor more than Fifty Pounds:
Provided that subsection
(2) of this section shall be deemed to have been complied with if the return thereby required hae been made out and delivered, as therein mentioned, by either of the persons thereby required to make out and deliver the sdme.(4) Subsection (8) of this section shall not apply to the Associa- tion holding property as trustee under the provisions of section 49.
56. Any institute the trustees of which make default inInatitufea.thetruatee4
delivering any return required by the next preceding section shall, |
whilst such default continues, be disqualified and debarred from
dhntitledtogront. receiving any grant of moneys voted by the said Parliament, or any
1% 8.21- part of any such grant, or any other benefit, to which, but for this
section, such institute might have been or become entitled.
manner as are from time to time appointed by the Minister,.furnish |
to the Minister, or to such person as is from time to time appointed
the Miniater- by the Minister in that behalf, all such just and true accounts,
Ibid, a. 31.reports, statistical tables, and statements as are required to elucidate
I. The state and proceedings of such i~lstitute | ; |
11. The manner in which the purposes of such institute and the
provisions of this Act have been carried into effect; and |
1 1 1. The manner in which grants of money voted by the saidParliament and received by such institute, or the parts of such grants so received, have been expended.
58. Any institute which fails (either by default of its officers orInstitutesnotdmply-
otherwise) to comply with the provisions of this Act, or any of them, |
shall, whilst such default continues, be disqualified and debarred
until compliance. from receiving any grant of moneys ioted byethe said Parliament, or
Ibid, a. 32.any part of any such grant, or any other benefit to which, but for
this section, such institute might have been or become entitled
59. | (1) Every institute may, from time to time, with the consent |
of the majority of | the members present a t a general meeting, make |
rules not inconsistent with this Act, for the government of such | |
institute, and time alter or rescind any rules so made. |
(2) No |
- |
The Public Library, Mweum, and Art Gallery, and Institutes
Act .1909.
IV.-Urban, Suburban, and Country Institutes- |
Drvrs lo~ I.-Their | Constitution, Property, and Govern- |
ment:
DIVISION 11.-Mortgages | of Institute Property: |
T ~ I V I S I O N 111.-Dealings | with | Institute Property otherwise |
than by mortgage:
Drvis~olv iv.-Dissolution | of Institutes: |
DIVISION v.-Sale | of Institute to Corporation: |
DI V ~ S I O N | of | Institute to Corporation | under |
The Free Libraries Act, 1898 ":
DIVISION | v1 I.-Amalgamation of Institutes. |
v.-The | Institutes Association of South Australia-. |
VISION I.-Constitution of the Association: |
DIVISION | .II.-Meetings of the Association: |
DIVISION | 111.--The Council of the Association; its Con- |
stitution and Powers and Duties.
-
4, In this Act, and in regulations and by-laws made under this |
Act, and in proceedings taken under this Act or such regulations or by-laws, except where the subject matter or the context requires a different construction-
Corporation " means any Municipal Corporation or District Couucil, except the Corporation of the City of Adelaide:
Member Institute " means an institute which is for the time being a member of the Association: |
a The Association " deans the Institutes Association of South Australia incorporated by this Act:
" The Board " means the Board of Governors of the Public Library, Museum, and Art Gallery of | South Australia: |
The C:ouncil " means the Council for the time being of the
Association:
The Minister " means the Minister Controlling Education, or the Minister of the Crown for the time being discharging the duties of the Minister Controlling Education:
"This Act " includes rules, regulations, aud by-laws made by or
under, or continued in force by, this Act.
go EDWARDI VII, No. 986.
The Public Library, Museum, and Art Gallery,and I~titutes
Act .1909.
- - - -- - | - | . |
(2) Except so far as is necessary for carrying out the provisions | __- | - - -. |
such repeal shall not- |
(a) Affect the operation prior to the commencetnent of this
Act of any of the said enactments; or
anything done or suffered under any of |
the said enactments or;
(c) Affect any membership or office held, or any election or appointment made under m y of the aid enactments; or
( d ) Affect any statute, rule, regulation, or by-law made under any of the said enactments; or
( P ) Invalidate any mortgage, conveyance, or transfer validated
bp any of | the -said enactments; or |
( f ) | Affect |
(g) Affect any penalty, forfeiture, or punishment incurred or
liable to be incurred in respect of any offence committed
against any of the said enactments; or
( h ) Affect any investigation, legal proceeding, or remedy inrespect of any such right, privilege, obligation, liability
penalty, forfeiture, or punishment as aforesaid;
and any such investigation, legal proceeding, or remedy may be instituted, continued, or enforced, and any such penalty, forfeiture, or punishlent may be imposed and enforced, as if this Act had not been passed.
PART | 11. |
E | BOARD O F GOVERNORS OF THE PUBLIC LIBRARY, MUSEUM, AND ART GALkERY OF SOUTH AUSTRALIA. |
) The Board of Governors of the Public Library, Museum, BOB^^ |
and Art Gallery of South Australia, constituted by the '' Public
09"tinUCd.
206 1883-4; Library, Museum, and Art Gallery
A d, 13834," and the Acts amending the same, is hereby continued as the Board mder this Act.
(2) Subject to the provisions of this Act, the ~nembers~of | such |
Board of Governors who hold office at the commencement of this
Act shall continue in office until the end of the month of October, in the year one thousand nine hundred and ten, and shall then retire.
(3) The Board shall continue to be a body corporate with per- petual succession and a common seal, and shall, by the name of " The Board of' Governors of the Public Library, Museum, and Art Gallery of South Australia," be capable of suing and being sued,
of
go EDWARDI VII, No.986.
The Public Library, Museum, and Art Gallery, and Institutes
-- | A |
of proving and compounding debts, and of doing and suffering, subject to this Act, all such other things as bodies corporate may by law do and suffer.
thousand nine hundred and ten, the Board shall consist of fourteen members, of whom- |
I. The Governor shall appoint five members:
It. The University of Adelaide shall elect two members:I
I I. The South Australian Society of Arts shall elect one member:
IV. The Royal Society of South Australia shall elect one member:
u. The Royal Geographical Society of Australasia (SouthAustralian Branch) shall elect one member:
vr. The Adelaide Circulating Library shall elect one member;and
(2) No person shall be qualified to be elected a member of the Board by any of the societies or bodies mentioned in subsection (1) hereof (except the Association) unless he is at the time of his election a member of the society or body electing him.
(3) No person shall be qualified to be elected a member of the Board by the Association unless he is at the time of his election a member of an institute.(4) In the month of November in each year the Governor shall cause to be published in the
Government G'azotle a list of the members of the Board for the time being, and theGazette contain- ing such list shall beprimti Jacie evidence that the persons named
in such list are the members of the Board as therein specified. |
Retirement and
Governor shall be entered upon a roll which shall be kept by the | |
Board for that purpose. | |
go EDWAKDl VII, No.986.
The Public Library, Museum, and Art GaWery, cvnd I&&
Act. lg09.
-. |
year, and in the month of October in every year the several societies |
and bodies mentioned in section
7 (except the Association ) shallby the eocietiea.
elect members of the Board as provided b y the said section; and | |
at the annual meeting of the Association, or an adjournment thereof, three members of the Board shall be elected: Provided that every elected member of the Board shall hold office until the election of his successor, and shall then retire, but may be re-elected. |
of the Board by the several societies and bodies mentioned in section, |
Second Schedule to this Act: | Provided that each of the said |
societies and bodies is hereby empowered to make all such statutes,
151, 1859, B. 3. regulations, and rules, not being inconsistent with this Act, as i t
deems necessary or proper, either in substitution for, in alteration
of, or in addition to the provisions contained in the said schedule
applicable to such society or body, for the following purposes, or
any of them, namely, for prescribing :-
nominating candidates for election as |
members of the Board;
meetings for such elections; |
( c ) Subject to section 9, the times and places for holding suchmeetings;
(d) The number of | members or subscribers required to constitute |
a qumum at such meetings;
the business and proceedings of | such |
meetings;
Provisions for the election of members of the Board to fill vacancies arising otherwise than by effluxion of time; and |
(g) Generally all such matters of every kind as the society or
body deems it necessary or convenient to make for the
purpose of electing members of the Board:
Provided also that as r2gards the Association the powers conferred by this section shall be exercised by the Council.
11, All the members of the Board, whether appointed or elected,AU members tobe on
shall have and exercise the same rights, privileges, and powers, and | |
be under and subject to the same liabilities. |
shall occur in | the following circumstances :- |
(a) The death of the member: | |
go EDWAKDI VII, No. 986.
The Public Library, Museum, and Art Gallery, and Institutes
,- | .-- -- |
(c) When the member is not a member of | the society or body |
--U--
which elected him to the Board; or, if so elected by the association when he is not a member of any i rhi tute: |
(e) If the member was appointed by the Governor, the re- |
moval of the member by the Governor. | |
any casual vacancy occui~ing | in the office of any member of the |
Board | appointed by him. |
B. 11.
casual vacancy in the office of an elected member of the |
Board may be filled bv the election of a member by the society or body, which elected wsuch member. Any member of the Board elected under this subsection shall hold office for the unexpired portion of the term of office of the member in whose place he is so elected.
(3) Every appointment or election under this section shall be notified by the Governor in theGovernment Gazette, and theGazette containing such notification shall beprimd facie evidence of the appointment or election so notified.
tbe Governor may
who shall hold office for the same period and in all respects as if he or they had been elected'by the electing body so making default. | |
of any casual vacancy which occurs in the ofice of any elected member of the Board. |
15. (1) The Board may act and may exercise all its powers not-
withstanding any vacancy in its membership, and no act or pro- ceeding of the Board shall be invalid or illegal in consequence only of such vacancy existing a t the time of such act
or proceeding.
(2) |
entitled to be a member or to act as such, be as valid as if such member had been duly appointed and was qualified aiid entitled to
be and to act
as a member of the Board.
16. At
go EDWARDI VII,No. 986.
The Public Library, Museum, and Art Gallery,and Imtitutes
A c t. 1 9 W.
Quorum of Board.
Ibid, 8. 6 (part).
17. There shall be a President and a Vice-president of the Board,I'reqident and Via-
who shall be elected bp ballot by the members present at the first | |
ordinary meeting of the Board held in the month of November in every year: Provided that the President and Vice-president in office at the commencement of this Act, and each President and Vice- president subsequently elected, shall continue in office until the election of their successors respectively, and shall be eligible for re- election. |
18, ( 1 ) At all meetings of the Hoard the President, if present,Chairman. and if not, then the Vice-president, shall be chairman: Provided
New. that in the absence of the President and Vice-president from any
meeting or part of a meeting one of the other members present shall
be elected by those present to be chairman of the meeting during
such absence.
(2) The chairman shall have a deliberative vote only, and when
the votes are equal for and against a motion no decision shall be
deemed to have been arrived at.
land described in the Third Schedule to |
(2) Each member of the Council appointed by the Governor shall, eubject to his earlier death or resignation, hold office for one year from the date of his appointment, bnt shall be removable a t pleasure; and any member so appointed may be re-appointed from time to time.
120, (1) At all meetings of the Council the President if present,Chairman. and if not, then the Vice-president,, shall be chairman: Provided that in the absence of the President and Vice-president from any meeting or part of a meeting one of the other members present shall be elected by tLe votes of the majority of those present to be chair- man of the meeting during such absence.
(2) The chairman shall have a deliberative vote only, and when the
votes are equal for and against a motion no decision shall be deemed
to have been arrived at.
121. A t all meetings of the Council any five members shallQuorum. constitute a quorum.
122, (l) The Council may act and may exercise all its powersCouncilmay act
notwithstanding any vacancy in its membership; and no act or |
proceeding of the Council shall be invalid or illegal in consequence only of such vacancy existing a t the time of such act or proceeding.
(2) All acts and proceedings of the Council shall, notwithstand- ing the subsequent discovery of any defect in the appointment of an member thereof, or that any member was disqualified or disen-
tit ed to be a member or to act as such, be as valid as if such | member had been duly appointed and was qualified and entitled to | |
|
123, The Council may from time to time make, alter, andReguletioneas to
rescind regulations, not being inconsistent with this Act, for the fol- | |
lowing purposes, or any of them, namely-- |
1. For prescribing the times and places and notices of its meet-
ings, and of the annual and other meetings of the Associa-
tion:
11. For the conduct of its proceedings and business, and of theproceedings and business of the Association:
I I I. For
go EDWARDI VII, No.986.
The Public Lt'kary, Museum, and Art Gallery, and Institutes
Act .1909.
111. For prescribing the duties and powers of its officers; and fortheir control, supervision, and guidance:
IV. For regulating the use of the common seal of the Associa-tion:
the purposes mentioned in section 10. |
v]. For fixing the penalties for any breach of any regulation
made under this section, not exceeding the sum of Twenty
Pounds for any one offence:
vrr. For such other purposes as the Governor by Proclamation ill theGovwnment Gazette allows.
Publication and effect
( a ) Be published in theGovernment Gazette ;
( b ) Take effect from the date of such publication, or from a later date to be specified therein; and(c) He 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 commence- ment of the next session.
('L) Notwithstanding any publication thereof, no regulation shall continue to have any force or effect if the same is disapproved, by resolution of either House of Parliament within thirty davs after such regulation has been laid before Parliament if parliament is so long in Session: Provided that if Parliament is not in Session for thirty days after such regulation has been laid before Parlia- ment, then such regulation shall not continue to have any force or effect if disapproved by either House of Parliament within thirty daysaf ter the commencement of the next Session of Parliament.
secretary of t h e Council and of the Association, and may appoint | such (if any) other officers and servants as it deems necessary for | the transaction and due performance of the business and duties of | |
the Council and of the Association. | |||
with the performance of other duties imposed upon him by the Council - |
I. To visit member institutes;
11. To offer advice to member institutes; and
111. To furnish to the Council reports as to such visits.
127. Except
go EDWARDI VII, No.986.
-- |
not in anyway interfere with the control or management by any |
institute of its affairs or property.
this Act, for the benefit of institutes, shall upon such commencement
distributed,
be transferred | Such moneys and all |
moneys voted by the said Parliament, after such commencement, | |
for the support and maintenance of institutes shall, subject to subsection |
which are, at the commencement of this Act, vested in or are in the
tutes to be vest01 in custody of the Board and are used, or intended to be used, for circu-
the C3unci1. lation among institutes or otherwise for the purposes of institutes or
Cf. Ibid, S. 15 (part). any of them, shall upon such commencement become vested in and shall be delivered to the Council, and shall thereafter Le used by the Council in manner aforesaid.
benefit or purposes of | the Association, or of the Council, or of insti- |
tutes generally, or of institutes without specifying any particular
COucil-
institutes, shall be deemed to be gifts and bequests to the ~ssociation, | ||
and shall be applied by the Council for the furtherance of the purposes of institutes generally in such manner as the Council deems best suited to further such purposes. |
131. (1) The Council dhall, 011 or before the thirtieth day ofAnnnal report nnfl
September in each year, report its proceedings during the twelve |
months endinq on the preceding thirtieth day of June to the Governor,
and a copy of such report shall be laid, as soon as practicable, before
both ~ o u k s | of Parliament. |
(2) The accounts of the Council shall, once a t least in everyyear, be audited by the Commissioner of Andit, who shall, in respect
of such accounts, have all the powers which may be exercised by
him under | '' The Audit Act, 1882," and any Act for the time being |
in force relating to the audit of public accounts. An abstract of such accounts, together with the report of the Commissioner of Audit thereon, shall be laid! as soon as practicable, before both Houses of Parliament.
132. Without in any way, or to any extent, derogating from,Powers and duties of limiting, or annulling any power or duty conferred or imposed upon
Council. or vested in the Council by this Act, whether in this section speci-
fically mentioned or not, it is hereby declared that the Council shall
have and may, or shall, exercise the following powers and duties in
relation
go EDWARDIVII, No.986.
The Public Library, Museum, and Art Gallery, andInstit-
Act.1909.
relation to all institutee, and, so far as such powers and duties are |
applicable, whether member institutes or not,-~li~mel~ | :- |
I. The power, from time to time, to call the attention of in&tutea to the requirements of sections 53,55,56,57, and 58, and to the powers conferred by sections 59 and 60, and to any other provisions of this Act, and any other matters which, in the interests of individual institutes or institutes generally or of the Association, the Council deem it ex- pedient to bring before the notice of institutes:
11. The duty to consider rules made under section 59 and
submitted to the Council, and to report thereon to the
Governor:
I II. The duty to consider applications for reports under sections64, 74, 81, 91, and 96, and to report thereon to the
institutes applying for the same:
IV. The duty to consider applications for consents to dealings with property of institutes under section 76, and to report thereon to the institutes applying for the same:
v. The duty to consider decisions, submitted to the Council, as to the disposal under section 78 of the property of dissolved institutes, and to report thereon to the trustees of such institutes submitting the same, with power, in the circumstances and to the extent mentioned in the said section, to dispose of such property:vr. The power, under section 79, to declare institutes dissolved and to deal, under that section, with the property of institutes so dissolved:
v11. The duty to consider applications of institutes for admission as members of the Association:
|
IX. The powers and duties specifically conferred or imposed upon
or vested in the Council by the preceding sections of this
Division:
X. Such other powers and duties as are prescribed by regulations made under section 123; and
Y I. Slich, if any, other powers and duties as before the commence-ment of this Act, the Board had and might or were required to exercise or discharge, in relation to institutes under the Acts hereby repealed or any of such Acts.
PART | VI. |
MISCELLANEOUS.
Application of
The Copy- |
right Act, 1878," the expression | South Australian Institute " or Institute," |
-- |
The Public Lz'brary, Museum, and Art GaUery, and Institutes
'' Institute," wherever used, shall be taken to mean the Public | Library, under the control of the Board, and the expression '' Board | |
| ||
be taken to mean the Board. |
134. | offences. |
shall be by information, and shall be heard and determined in a sum- | |
mary way before any Special Magistrate or any two Justices of the Peace under Ordinance No. 6 of 1850, or any Act for the time being in force relating to the duties of Justices of the Peace as to summary proceedings. | |
135.
(1) There shall be an appeal from any conviction under thisAppeal. Act, or from any order dismissing any information for an offence
Ibid., a. 48, altered. against this Act, or from any other order on such an information.
(2) Such appeal shall be to the Local Court of Adelaide in its Full Jurisdiction, or to the Local Court of Full Jurisdiction nearest to the place where the offence is alleged to have been committed.
of 1860 arid the Act, No. 298 of
1883-4, or any Act for the time being in force relating to appeals to Local Courts: Provided that the Local Court on such appeal may make such orderas to costs as it thinks fit, although such costs exceeded Ten Pounds.
136. An information for any offence against this Act may be laid |
by or at the instance of | any person. |
137. One moiety of every fine or penalty recovered for any
One moiety of penal-
offence against this Act may, if the Magistrate or Justices so direct, | ties |
be paid to the informant. |
I n the name and on behalf of His Majesty, I hereby assent to
this Bill.
DAY H. BOSANQUET, Governor.
THE
VII, No.
The P d l k Library, Museum, and Art Gallery, and Institutes
Act .1909. THE SCHEDULES.
THE PIRS'L' SCHEDULE.
South Australian Institute Act Amendment Act, | No. |
Public Library, Museum, and Art Gallery Act, | .. .. .. | No. |
The Public Library, Museum, and Art Gallery Act, | No. |
The lnstitutes Amendment Act,
1888 ...................... No.434 of1888
The Public Library, Museum, and Art Gallery Act, | .. .. | No. |
l 'he Institutes Mortgage Act,
1893 ........................ No.696 of1898 'l'he Institutes Further Amendment Act,
1902 .............. No.800 of1902
The Public Library, Museum, and Art Gallery Act, | No. |
The Institutes Further Amendment Act,
1907 .............. No.937 of1907
THE SECOND SCHEDULE. |
RULES AND REGULATIONS FOR THE ELECTION OF MEMBERS OF THE BOARD,
Election by the University of Adelaide.
Cf. Act, 296, 1883-4, | ||
| ||
| ||
shall be deemed to mean the Board. | ||
2. The members of the Board to be elected by the University shall be elected in manner prescribed. |
A C ~ |
altered.
Ibid.l | 4. Whenever the prescribed number of members of the University is not present within fifteen minutes after the time appointed for holding any such meeting, the Council shall, as soon as convenient thereafter, elect two members or a member (as the case may require) of the Board, in such manner as the Council thinks proper. |
5. The resiilt of every such election shall be certified to the Go~ernor | under the |
hand of the Chancellor or Vice-Chancellor of the University, whose certificate shallbe conclusive as to the matters stated therein, and as to the validity of the election.
Eleclion
EDWARDI | No. |
The Public Library, Museum, and Ad Gallery, and Iwtdutes
Ad.-1909.
Election by the South Australian Society of Arts, the Royal Society of South Australia, or the Royal Geographical Society of Australasia f South Australian Branch). l.
'I'hr3 member of the Board to be elected by any of these bodies shall be elected Act2969 1883-4, in accordance with such regulatioos as are made in that behalf by the electing
F1*t Sche!ule. body under this Act and are for the time being in force: Provided that, until
such regulations are made, such election shall be in accordance with the regulations
in force at the commencement of this Act for the election of a member of the Board*
by the electing body.
2. The result of every such election shall be certified to the Gorenior, under the
hand of the President of the electing body, whose certificate shall be conclasive acl
to the matters stated therein, and as to the validity of the election.
Election by the Adelaide Circulating Libmry.
1. The member of the Board to be elected by the Adelaide Circulating LibraryAct296, 1883-4, shall be elected by the members of the said Library at a general or special meeting
First Schedule. called for that purpose, or any adjournment thereof.
2. At such meeting it shall be competent for any member to propose a candidate for membership of the Hoard, provided that such candidate is a member of the said Library, and that his writtcn consent to act as a member of the Board, if elected, is produced to the meeting.
3. If one candidate only is proposed, he ehall be declared by the chairman of the meeting to be duly elected by the said Library as a member of the Board.4. If more than one candidate is proposed. the meeting shall fix a day (not more than fire days from such meeting) upon which, and a plnEe within the city of Adelaide at which, a poll shall be taken of the members of the said Library.
5. On the day fixed for the poll, the secretary of the said Library, or some person appointed for the purpose by the committee or" the said Library, shall attend at the polling-place, from the hour of 11 o'clock in the forenoon to the hour of 8 o'clock in the evening, and act as returning officer.6. On the taking of the poll the proposer or seconder of any candidate, or Rome
person appointed in writing by such candidate, may act as a scrutineer on behalf of
such candidate.
7. The voting on the taking of the poll shall be on voting papers prepared by the returning officer for that purpose, which shall be delivered to him on the polling day within the hours aforesaid, or shall be sent through the post and actually received by him prior to the hour of 8 o'clock in the evening of the polling day.
8. The returning officer shall accept the rotes only of such persons as appear by the list of subscribers to the said Library to be members thereof, and who are |
entitled to rote a t meetings of | the said Library. |
9. Every member shall be entitled to one ~ o t e | and no more. |
10. All the arrangements for the taking of the poll and the method of taking and recording the votes shall be made and prescribed by the returning officer.
11. At the close of the poll, or as soon as convenient thereafter, the voting papers shall be counted by the returning officer in the presence of such of the scrutineers as desire to attend; and the candidate for whom the greatest number of votes has been recorded shall be declared by the returning officer to be the member of the Board elected by the Adelaide Circulating Library.
12. The returning officer shall enter in the minute-book of the said Library the names of the candidates at every election, the numbers of rotes recorded for them respectively, and the result of the election.
13. The result of every election by the said Library of a member of the Board shall be certified to the Governor under the seal of the said Library; and such certificate shall be conclusive as to the matters stated therein, and as to the validity of the election.
14. These rules shall also apply to the election by the said Library of a member of the Board to fill a casual vacancy.
Election EDWARDI VII, No.
The Public Library, Museum, and Art Gallery, and Institutes
Act.1909.
Election by the Institutes AssoMbtion of South Australia.
shall be elected in |
accordance with such regulations as are made in that behalf by the Council under this Act, and are for the time being in force: Provided that until such regulations are made such election shall be made in the same manner as the election of members of the Council.
2 The result of every such election shall be certified to the Governor, under the hand of the President of the Association. whose certificate shall be conclusive as to the matters stated therein, and as to the validity of the election.
T H E THIRD | SCEIEDULE. |
LAND AND BUILDISGS UNDER THE CARE, CONTROL, AND MANAGEMENT
OF THE BOARD, I. All that piece or parcel cf land situated on the north side of the street or road within the city of Adelaide known as North Terrace, the boundaries whereof are as follows, viz. :-Commencing at the south-east corner at a point on the northern side of North Terrace, city of Adelaide,
100 links west of the south-west corner of University block; thence northerly by a line100 links west of and parallel to the western boundary of said University block for348 links; thence westerly at an angle of89' 47' for901 links; thence southerly at an angle of90' 40' for340 links to the northern side of North Terrace; thence easterly along said side of terrace for898 links to the point of commencement, together with all buildings now or here- after erected on the said piece of land.
11. All that piece or parcel of land commencing a t the south-west corner of the University block, City of Adelaide; thence northerly for5134 links; thence westerly at a southern angle of86' 16' for77 links; thence south-westerly at a southern angle of139' 45' for184 links; thence southerly at an eastern angle of133O 49' for about46 links to the ncrthern boundary of land set apart for Public Library, Museum, and Art Gallery by Act296 of1883-4 ; thence easterly along said boundary to its north-east corner; thence southerly along east boundary of land set apart aforesaid to the north side of North Terrace; thence easterly along said side of terrace to the point of commencement.
111. All that piece of land commencing at the south-west corner of land referredto in Second Schedule to Act No.
296 of1883-4 ; thence westerly along thenorthern side of North Terrace, City of Adelaide, for about 22ft. to its intersection
to its intersection with the production weet of the northern boundary of land afore- | with the eastern side of Kintore Avenue; thence northerly along said side of avenue | said; thence easterly for about thence southerly along its western boundary to the point of commencement. |
THE FOURTH SCHEDULE. |
RULES OF THE ADELAIDE CIRCULATING LIBRARY. Persons shall be allowed to become and be subscribers to the Adelaide Circulating Library, subject to the following regulations :-
I. Any person deeiring to become a subscriber to the said Library shall previously insert his name and full address, with particulars of his occupation, in a book to be kept for the purpose at the said Library; and shall also (if required) deposit with the secretary a certificate, signed by two householders of respectability, to the effect that such person is known to them, and is a fit person to be
a subscriber to the said Library; and every subscriber shall pay an annual subscription of Twenty Shillings, payable in advance, or a quarterly subscription of Five Shillings, also payable in advance, or such other sumas the Committee from time to time determine:
XI. When
--p-- |
The Public Library, Museum, and Art Gallery, and Institutes
Act.19Ot1.
- -.-..-p--- | - |
rr. When any person desires to become a subscriber to the said Library, the secretary, or other officer appointed for the purpose, may admit such person as a subscriber or may, if he sees fit, refuse to receive his subscription pending the decision of the Committee; and the Committee at their next or any subsequent meeting may, a t their discretion, either receive such subscription and admit snch person as a subscriber, or refuse to receive such subscription and to admit uuch person as a subscriber.
111. The committee may, if they see fit, a t any time expel any subscriber guiltyof misconduct:
IT.
( a ) Subscribers to the Library shall be allowed to take out, a t one time, one or more volumes of a single work or of two separate works, or of such greater number of separate works at4 the Committee from time to time determines, for a fixed period, as specified in or on such volume or rolunles: Provided that persons so taking out books shall, if required by the librarian or other officer appointed for the purpose, deposit a sum not exceeding the value of the work or uorke so taken out, to ensure their return, or to be forfeited if such work is not returned;
( h ) If the period fixed for the retention of any book so takm out is exceededthe librarian may, if he sees fit, give notice thereof in writing to the subscriber so retaining such book, Cnd such subscriber shall thereafter be subject to a fine of Two Pence for every day that he retains such bo )k after the delivery of such notice;
(C) | In the cave of magazines or otherperiodicals, if a t the time of issue thereof the outside cover bears a legible notice, stating the time within which the periodical must be returned, and also stating that failing such return a fine of Two Pence for every day thereafter until the return of the magazine or periodical will be imposed, then |
(d) The librarian may, in his discretion, at any time refuse to issue books to a
subscriber who is in arrear with subscription or fines, without prejudice to the claim of the said Library for payment of any subscription or fine then due or to become due.
v. The librarian may, in
h i d discretion, refuse to issue any book to any sub- scriber who, or any member of whose family or household, he haLQ reason to believe to be suffering or recovering from any infectious or contagious disorder:
vr. Any subscriber lendingt\. book belonging to the said Library to any non-subscriber, not being a member of such subscriber's household, shall render
himself liable to expulsion: |
If any snbscriber loses any book, the property of the said Library, or has any such book out when it becomes damaged or defaced, he shall be required to pay for a new copy of the same; and if the book so lost, damaged, or defaced is one volume of a set, and i t is found impracticable to replace the said volume, such subscriber shall replace the whole work; but in either case the said subscriber shall be entitled to the damaged or defaced volume or work as soon |
vIrI. No book shall be issued to any subscriber in an imperfect condition, unless amemorandum is made in such book stating the nature and extent of such imperfection; but, in the event of any book being so issued, or of its receiving damage while in the custody of any subscriber, he shall, on returning such book, call the attention of the librarian to any injury it haw sustaineci; and any subscriber failing to do so shall be held responsible for any such injnry. Nothing in this rule shall be held to diminish thc effect of the next preceding rule:
rx. Any annual subscriber shall be entitled, on payment of double subscription, to take out, a t one time, one or more volumes of twice the number of works that a subscriber of a single subscription muy take out, and to retain such volumes so taken out for twice the number of days notified therein or thereon respectively, except in case of a volume which has been added to the library within the preceding twelve months, in which case the ordinary number of days only shall be allowed: a. All
F-986
go EDWARDI VII, No.986.
The Public Library, Museum, and Art Gallery, and Institutes
Act .1909.
X. All entries by the librarian, secretary, or other person appointed or authorised in that behalf, made in the issue-book of the Library, relating to the loan of any book to any subscriber, shall be good and sufficientprim& facie evidence that the book mentioned in snch entry was lent a t the time and to the person mentioned in such entry; and if, within one month from the time at which such book ought to have been returned by such subscriber, there is no entry made in the issue-book of such return, such subscriber shall be conclusively deemed to have lost or kept such book:xr. If any subscriber carelessly or negligently permits or suffers any book be- longing to the Library to be sold or dispo~ed of when in his possession or custody, he shall be subject to a fine of not less than One Pound nor more than Five Pounds, which fine the committee is hereby empowered to impose
by notice in writing to such ~ubscriber | : |
XII. In the event of any subscriber making special application in writing for theuse of several works, for the purpose of study, the secretary may, in his
discretion, grant the same for a period not exceeding fourteen days:
X I X I. The committee may, if they see fit, once in every year, call in all books incirculation, and suspend the issue of books for a period not exceeding
twenty-one days, and during that period close the said Library:
xrv. The said Library shall (subject to rule XIII.) be open to subscribers (except on public holidays) from half-past nine o'clock in the morning until half- past six o'clock in the evening on every Monday, Tuesday, Thursday, and Friday, and from half-past nine o'clock in the morning until eight o'clock in the evening on every Wednesday and Saturday: Provided that the Committee may from time to time appoint such other times as they deem fit during which the said library shall be so open:xv. All fines and penalties imposed under the foregoing rules in this Schedule contained, or to which any person is subject under such rules, may he recovered by the Committee as a debt due to the said Library in any Court of competent jurisdiction; and the Committee may, in their discretion, remit or mitigate any such fines or penalties, if the circumstances of the case appear to them to warrant such remission or mitigation:
xvl. The Committee may, from time to time, make any arrangements in writing, which they in their discretion consider fit and reasonable, with any country and suburban institutes for the loan to such institutes of books belonging to the said Library:
| ||
(d) The holder of each such ticket shall, whilst the same is in force, be entitled to all the rights of a subscriber to the said Library, except the rights of voting and holding ofice, and shall, except as aforesaid, be subject to all the rules of the said Library as though he were a sub- scriber thereto: |
book " or |
" books" includes a magazine or periodical, or magazines and periodi-
cals, as the case may require.
THE EDWARDI VII, No.
986.
The Public Library, Mweum, and Art Gallery, and Imtitutes
Act.1909.
THE FIFTH SCHEDULE. | Sec. 63. |
Memorial of the names of Trustee
(or Trustees, asthe case may be) of the[name of
Institute, pursuant to the Public Library, Museum, and Art |
Gallery, and lnstitutes Act, 1909.
1
Names of Trustee or Trustees. | Address. | I | Occupation. |
-----
i
[Signatures of Trustees or Trustee.] ..............................
.............................. | Trustees |
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. |
[ fu l l name, address, a n d occupation] make oath and say that I was present
and did see the foregoing memorial signed by the above-named Trustee
respectively,
I Sworn at
this | day of |
before me. |
Justice of the Peace in and for the State of South Australia
(or Com- missioner for taking affidavits in the Supreme Court of the State of South Australia).
8ec. 65. |
PUBLIC LIBRARY, MUSEUM, | -- |
Description of | Encumbrancee. |
stating number or die-
tinguiehing mark of | Description | Names, addresses, | [State nature of |
allotment, acre, or eec- | of | descriptions, and | snaumbranc~s |
tion, and name of | county | buildings | occupations of | and the |
and hundred or city, | thereon. | the trustees. | thereof; | orif |
town,ortownshipwhere | none, #tale the |
situated; also |
--
Dated the | day of |
[Signcctures of Trustees or Trustee.] ..............................
I | Trustees |
..............................
t
go EDWARDI VII, No.986.
The P&lk Lihary, Museum, lvnd Art Gallery, and Imtitutes
Act. lgO9. THE SEVENTH SCHEDULE,
I. |
FORM OF RESOLUTION.
That the | Institute hereby delegates to its committee for the time |
being its power to appoint representatives to attend the meetings of The Institutes
Association of South Australia, Incorporated.
CERTIFICATE OF THE PASSING OF TEE RESOLUTION.
The | Institute. |
At an ordinary
(or special) general meeting of the members of the abore-named Institute, summoned and duly held according to the rules for t h t time being
in force for the government of the Institute, on the day of
l
19, | the following resoiution was duly passed. namely :- |
Dated this | day of | 19 | . |
, Chairman of | the Meeting. |
, Secretary of the above-named Institute
- |
0
0
0