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©State of Queensland
[Reprinted as at 31 J a ~ u a r
ibraries Act of 1943,?
As amended by
Libraries Act Amendment Act of 1949, 13 G o , 6 No. 25 Libraries Act ~ e n ~ ~ e n t Act 2974, No. 12
Libraries Act Amend
An Act to ensure the more eRective attainment of National Education better provision for the ~ s t a ~ ~ ~ s h ~ e n t and
and Library Services, for the ~ ~ ~ s ~ ~ ~ a t i o ~ in
m
of the Public Records of the State, and for other ~ ~ r ~ o s e s
~Asseiited to 25 Nove
re^^^^^. herea as it sidered that increased library facilities ns of this State is ~ o n d ~ c ~ ~ e ~ to the more effective
~ ~ u c a t ~ o ~ , and that it is therefore desirable to i ~ ~
OF
eNat ~ t~ c h library facilities and services and to co-ord reas it i s desirable that the Public Recor shad be co~~served-
Most Excellent with the advice and com dative Assembl in ~ a r l ~ ~ ~ e ~ t ~ s s e ~ b ~ e ~ , ority of the sa
Be it therefore enacted by the K
PART I-PRELIMINARY
1. (1) Short title. This Act may be cited as ~ ~ ~Act 4-1943. ~ i ~ r ~ r ~ ~ ~
(2) ~ ~ af Act. Except ~ where ~ ~ t ~~ ~ rn ~ c ~ ~ ~ ~ ~
date to be ~ r o c l a i n i e ~ by lished in the Gazette, which this Act shall commence o
in Council by ~ r 0 c ~ a ~ a ~ ~ u n referred to as the c ~ ~ ~ e n c e m e n t of this Act.
Golietive title conferred by Act of 1979, No. 30, s. 1 (3).
, IX, IEI and V commenced 12 March 1945 (Proc. pubd. Gaz. 8 March 1945, p.567).
Part TV commenced 31 July 1958 (Proc. pubd. Gaz, 2 August 1958, p.2280).
*
Sic " is conducive " in Gazette; semble '' are conducive".
2 s 2 , 3 ~ r ACT 1943-1979 ~ ~ A ~ ~ ~
2. Parts of Act. This Act is divided into parts its follows:- PART 1-PRELIMINARY ;
PART ~ ~ - C O ~ ~ T ~ T U T ~ O ~ AND P o ~ ~ ~ s OF THE LIBRARY BOARD PART 111-LOCAL AWTHORI~IES;
PART IT-PUBLIC RECORDS;
PART ~ - ~ ~ ~ C E L ~ A N E O U S . OF Q ~ E N ~ L A ~ ~ ;
3. Interpretation. In this Act unless the context ot~erwise i n ~ ~ c a t e s the following terms have the mea~ings respectively assigned to them, that is to say:-
" Affiliated Society "-Any local body or org~i5atiffn (other
than an organisation formed for the purposes of private profit or gain) the object of which, or one of the principal objects of which, is the encoura~ement of education, art, literature, science and/or has provision for a library or library facilities, and which is affiliated under this Act;
'' Board or the Library Board "-The Library Board of Queensland constituted under this Act; the term also includes where necessary the C h a i r ~ a ~ or any member of the Board;
'' Books "-Books include magazines, periodicals, ~ ~ e ~ s ~ a p e r s , and any other printed matter and also inchides maps, music,
manuscripts, pictures, photographic plates or films and any matter or thing whereby words or sounds are recorded or produced ;
" Brisbane City Council " -]Brisbane City Council ~ ~ n s t i t u t e ~
under the City of Brisbane Acts;
'' City of Brisbane Acts "-The City ofBrisbane Acts, 1924 to 1943 (and any Act amending or in substitution of the same): the term also includes any ordinance thereunder ;
'' Library facility "--Any facility whereby books are made available to the members or subscribers of any local. body or the general public. The term also includes any act or service intended to encourage or facilitate the use of books by the public ;
" Local Authority "-A Local A u ~ ~ o r i t y constituied under the
Local ~ o v ~ r n ~ e n t Acts; the term also includes Brisbane City Council;
Local body "--Any Local Authoriiy, institute, trade union or o~ganisation or association of employees or association sf employers, returned sailors, soldiers and/or airmen associati~ns, school of arts, or board or corporation constituted or appointed under the authority of any Act and charged with the collection or a d . ~ i n i s t r a t i ~ n of inoneys for any purpose of local concern; the term also includes the University of Queensland ;
6 6
LIBRARIES ACT 1943-1979 S S . 4,§ 3
''
Local ~ u ~ e r n m ~ n t Acts ''---The Local G ~ ~ ~ ~ ~ r n e ~ ~ t Acts, 1936to 1943 (or any Act amending or in substitution of the same):
the term where necessary also includes the City of Acts;
for the time being administering this Act;
'' Minister "-The Chief Secretary or other Minister of the Crown
''
Prescribed "- rescribed by this Act;'' Regulations "-Regulations made under the authority of this
" This Act "-This Act and all Proclamations, Orders in Council
Act;
and regulations made thereunder.
Act. This Act shall be administered by the Minister.
PART ~ ~ - c ~ ~ S T r T U T K O ~ AND POWERS OF THE LIBRARY BOARD
OF QUEENSLAND
5. (1) ~ s ~ a ~ ~ ~ su e e ~ s l ~ ~ ~ . ~ ~There shall ~ be ~stablished the Library Board of ueensland (hereinafter in this Act referred 8s as " the Board ").
e passing of this Act. The first bers thereof constituting it may The first Board shall consist o f six members in cio member as hereinafter provided,
The members of the first Board shall be ap~ointed by the Governor by not~fication in the Gazette, and shall hold office at the the Governor in Council for such period not exceeding three One of such ~ ~ e ~ b e r s shall be designate^ Chairman of the Board.
The Librarian for the time being of the Public Library of Quee~sland shall be an cx o ~ c ~ o m ~ m b e r of the Board.
(4) ~ ~ ~ u ~ ~ t i o ~ s . Regulations inay be made relating to the members of any subsequent Board providing for all or any of the fol~owing matters:--
(a) the mode of their a p ~ o i n t m e ~ t (including whether such appointment is to be made following an election or on nomination) ;
be:appointed at any time after the passing o f this Act.
years.
(b) the tenure of the a ~ ~ o i n t m e n t ;
(c) such other acts, matters and things as may be prescribed.
Every subsequent Board shall consist of such number of persons The Governor in Council shall designate one of the m e ~ ~ e r s o as are a p ~ o j ~ t e d to it from time to time.
the Board as Chairman,
4 $4 5 LIBRARIES ACT 1943-1979
~ ~vacant ~ ~ e s
ence or ~ a ~ a n c y
ation. Any me
ffice as a ~ e ~by ~ e r
such resignation sh riting to the Minister.
in the Gazette.
(I 3 ) Associate embers. The Gover or in Council may s associate member or members thereof such persons as he may from time to time think fit and proper.
hIBRARIEX ACT 1943-1979 ss, sk-7 5
(14) Committees. The Board may from time to time constit~te a committee or committees of the Board and may delegate to any committee such of its powers and duties as the Board thinks fit:
Provided that the Board may at any time annul such delegation.
As amended by Act of 1979, No. 30, s , 5.
§A. ~ ~ Such a l ~ o ~ a n c e s ~ as arc prescribed shall be paid ~ ~ ~ ~ ~ ~ ~ s . to every member of the oard save to a member who is an officer of the
Public Service of Quee land in respect of his attendance at a meeting ard during his ordinary hours of duty as such an officer.
by Act of 1979, No. 30, s. 6.
~~~~~~~~~ o l ry. The control
and m ~ ~ i ~ ~ e ~ e n t of the Publk Library shall, subject to the Minister, become vested in tlie Board.
4 4
es. Theovern nor
in Council may from time bo time by Order in Council establish branches of the Public Library in such places in the State as he shall think proper.(33 Board to ~raamage Public Library. The control and ~ a n a g e ~ e ~ t of any branch of the Public Library so established shall, subject to the
Minister, become vested in the Board.
7- (1) rarian. The Governor in Council
may appoint a person to be the State Librarian. Such officer shall also act as Secretary and executive officer of the Board.
cers, The Governor in Council may appoint such other ofticers and employees as may be necessary for the purposes of this Act.
~ § a ~ ~ 5 ~ o€ services of o cers of the Public Service. The Board, with the approval of the ~ i n ~ s ~ e r ad~inistering the Department concerned, may utilise the services of any ofticer or employee in the Public Service in and for the purposes of this Act.
brariam of Public Library to act. Until the State Librarian i s appointed, the Librarian o f the Public Library o f Queensland in oftice at the passing of this Act shall be the State Librarian for the purposes of this Act, without further appointment other than this Act, and shall hold such office at the passing of this Act.
( 5 ) Exis e BiubIic Library of officers and
o f this Act in the Public Library of Queensfand shall be deemed to have been appoin~ed and engaged under this Act and shall be subject to this Act as officers and employees of the Board:
Provided that where the revisions of The P ~Service ~ Acts, € 1922 ~ ~ to 1924 and/or TJze Public Service ~ u p e r a ~ n u a ~ i o ~ Acff, 1912 to 1937 and/or any award or industrial agreement under the provisions o f
office or being employ
6 ss.8,9 LIBRARIES ACT 1943-1979
The ~ n d u ~ ~ r ~ ~ ~ Comiliation a~zd A ~ * ~ ~ t r a t i ~ ~ ~ ACES, 1932 to 1942 apply and such oEcers or employees, such Acts awards or agreements to apply and extend t o such oficers and e ~ p ~ o y e e s and
t as if this Act bad not be
d shall be a body Library Board of e. The Board shall under such name
tuafi suc~ess~on and an o%cia! seal QueensBand.”
and shBE under i
shall, subject to this Act, have pow
~ ~the cornsent of the ~ t ~ o ~ ~ ~ exchange, lease or o t b ~ ~ ~ ~ s e dispose
or after the c ~ r n ~ ~ ~ n c ~ ~ ~ e ~ t of this ce. All Courts, judges, justices a
f the seal of the esurne that it w
C o ~ n c ~ ~ may from time to time by Order in Council place a snd under the control of aard as trustees within the rn e Land Acts, 1910 to and the provisions o f such apply and extend accordingly ,
s maiiitain all buildings and inaprove- a i d proper repair in all respects to oard shall not have power to sell, tra~sfer, or mortgage but may lease the same or any part thereof only with oval of the ~ o v ~ r n ~ r in Council.
the purpose of any action or proceeding in any Court aIL be deemed lo bc the absolute o ~ ~ i e r of such land and ic place within the meaning and for the
,
and Other Oflences Acts, 1931 to 1938,OF under any other Act c o n ~ e ~ r i u ~ or i ~ p o s j n ~ upon members of the e powers or duties with respect to public places or providing Eshinent of offences in public places.
ard. It shall be the general duty of the Board, subject to the
,
to attain eficient co-and improvement of the library facilities of the State with
of placing such ~acilities on a sound basis for the benefit and educational improvement of the citizens generally throughout the State.
{ii) The Board shall at a1
9, (1) ~~~~~~1 ~ U 0 ~ ~ ~ ~ ~ S
LIBRARIES ACT 1943-1979 99 a (2) C ~ - o r ~ ~ n a t ~ Q n with e ~ u c a t i o ~ ~ i n s ~ ~ ~ ~ ~ n s . The Board shall take such necessary action whereby the fullest co-operation may exist with the Department of Public Instruction, the ~ ~ v e r s i t y of Queensland, local bodies, and such other bodies or societies having for their object the encoura~ement of education, literature and the arts and sciences in order that the objects and purposes of this Act may as far as possjb~e be attained.
(3) May make r @ ~ ~ ~ ~ e ~ ~ a ~ i Q n s . The Board shall from time to time have authority to make r e c o ~ ~ e n d a t i o n s to the Minister in and towards the general betterment and improvement of the library facilities of the State.
The Board or an authorised member thereof shall have power and authority to inspect the library facilities of the State and to report and make recommendations through the Board to the Minister.
(4) Supervision of Public Library. The Board shall undertalse- (a) The care, supervision and control of the Public Library of
Q ~ ~ e n s l a n d and any branch of that i n s t i t u t ~ ~ n which may hereafter be established in the State and all lands, premises, and property connected or utilised therewith;
(b) The care, s u ~ r v i s i o n and control of a11 books and other property acquired for the purpose of the Public Library or branch or any book-lending service (hereinafter referred to) of the Board.
ay accept loans of books. The Board may accept upon loan any books or other personal property.
~ o ~ "services. The Board may out ~ ~ ~ ~ i n ~ of moneys voted ent provide such library services or book-lendinzg services in tion to the Public Library as the Board, with the approval of the ister, thinks fit and subject to such terms and conditions as the Board
such approval thinks fit or as may be prescribed.
A ~ ~ ~ ~The Board, with the approval of the ~ i n i s t e r , ~ ~ ~ t i ~ n . ate with the library of any approved affiliated society any
the control of such society on such terms and c o n ~ t i o ~ s s may be mutually agreed upon.
i ~of i ~ f o ~ ~ ~ t i ~ ~ . ~ ~ oThe Board may- ~
(a) Devise and initiate improved methods to be fo~€owed in or in connection with the provision control and ~ ~ a n a g e m e n t of libraries and library services;
(b) Collate i n ~ o r ~ a t i o n relating to libraries and library services and arrange for the dissemination of such information among library facilities;
(c) Make provision for the t r a i n ~ n ~ of persons as librarians and library assistants.
SILO-15 ~ ~ B R A R I ~ ~ ACT 1943-1979
10, Generally. The Board shall exercise and discharge such other powers, authorit~es and duties in relation to libraries and library services as the Minister may from time to time direct in writing under his hand or as may be prescribed.
The Board shall act in all matters in such a manner as appears to it best calculated to promote the objects and purposes of this Act.
If. Gifts and bequests. All gifts and bequests made to or on beha~f of the benefit or purposes of the Public Library af Queensland or to the Board shall be deemed gifts and bequests to or on behalf or for the Any such gift or bequest and any income thereupon shall be applied by the Board towards the specific purpose for w h i c ~ the bequest is made, or if no such specific purpose is set forth tlicrein, in and towards the objects and purposes of this Act.
ard to ]lend books. The Board is hereby empowered any other personal property vested in the Board- (a) To any library or other similar institution (and whether
within or beyond the limits of the State); or
(b) To any person or local body within the limits of the State, upon proper and sufficient g~arantees against loss or damage and upon such other terms and conditions as the Board thinks fit to impose.
13. Board may affiliate with certain s o ~ ~ e t ~ e ~ . (1) The Board, with the approval of the Minister, may affiliate with any affiliated societ
desires to be affiliated upon such terms and conditions as are upon between the Board and the society concerned.
(2) The Board shalf have power to accord to any affiliated society such privileges and, subject to this Act, such use of any lands, buildings and other real and personal property vested in the Board or under its control, or the making a v a i ~ ~ b l e to such society any books as the Board inks fit and for such period and upon such terms and conditions as the oard thinks fit or as agreed upon between such society and the Board, or as may be prescribed.
14. Circulating library. The Board, with the approval of the
~ ~ n j s t e r , shall have power and authority to establish and maintain a c~rculatiiig library.
The Board shall, from time to time, have a ~ ~ t h o r i t y to recommend the making of regulations by the Governor in Council for the proper conduct, management and control of the circulating library.
enefit of the Board.
15. (1) ~ ~ a n ~ i ~ l ~ r o ~ s i o n s a ~ ~ r o p r i a t j ~ n by Parliament. For the purpose of carrying out the objects and purposes o f this Act and of
~efraying the expenses incurred by the Board in carrying this Act into execution, there shall be provided a n n u a ~ ~ y out of the Consolidated evenue Fund such sum as shall be from time to time appropriat~d by
~ a r ~ i a m e n t for such ~ ~ r p o s e .
The amounts so a p p r o ~ r i a ~ e d shall be paid to the Board, and such
~ a ~ ’ m e n t s shall be made quarterly.
LIBRARIES ACT €943-1979 8.16 9 (2) ~ n d o w ~ e n t . Whenever the Board after the commencement of this Act shall receive from public subscriptions or donations or private bequests or benefactions any capital sum or sums of money in and for the general benefit of the Public Library of Queensland or In and for the purposes of this Act, the Gove~nor in Council may pay to the Board by way of e n d o w ~ ~ e n t on such sum or sums of money so received as afore- said, but subject to such terms and conditions as the Governor in Council may d.etermine, such sum or sums of moneys out of the Consolidated Revenue, which is hereby appropriated for the purpose, as the Governor in Council may think proper, but not exceeding the sum of two dollars for every two dollars so received on capital account as aforesaid, nor a total sum of ten thousand dollars in respect of all such endowments
Decimal currency refarence substituted pursuant to section 7 of Decimal
16. (I) Library of ~ ~ e e n s ~ a ~ d Fund. The Board shall establish a Fund to be called '' The Library of Queensland Fund " (herein referred to as " the Fund ").
(2) There shall be paid into the Fund unless invested by the Board in pursuance of this Act-
(a) All donations, bequests, legacies, grants, and contributions received by the Boaxd under or pursuant to this Act, and all moneys arising from any gift or devise of real property received by or vested in the Board under or pursuant to this Act;
in any one year.
C u ~ r ~ c y Act of 1965.
(b) All m o ~ e y s received from Consolidated Revenue;
(c) All moneys received from an afltiliated society as hereinafter provided ;
(d) All penalties and moneys received by way of damages granted by any court in respect of proceedings instituted by or on behalf of the Board;
(e) All other moneys received by the Board 011 any other ~ c c o u n t whatsoever,
(3) Affiliated societies, An annual subsidy, fixed on such basis or bases as may be prescribed, shall be paid into the Funds of the Board by an affiliated society.
(4) ~ ~ ~ l i ~ a t ~ o n of Fund. The Fund shall be applied by the Board in and for the purposes o f this Act, and in and towards the payment of all expenses necessarily incurred in carrying this Act into execution, and in doing and performing any acts, matters, and things which the Board i s by this Act empowered or required to do or perform.
(5) Grants and/or loans for library facilities. The Board may out of the Fund make a grant or loan or grant and loan to any local body or a ~ l i a t e d society in and for the purpose of any library facility, but any grant or loan or grant and loan so made shall be made on and subject to such terms and ~onditions as the Minister determines, either generally or in any particular case (power to determine such terms and conditions Sei ng hereby authorized),
(6) Further payments. The Board may out of the Fund pay any sum due by it under any agreement lawfully made by it for the purposes of this Act or any SUM recovered against the Board by process of law.
vestment of funds. The Board, with the approval of the Treasurer, may from time to time invest any of its funds not immediately required to be e x ~ ~ n . d e d in accordance with this Act in securities of or
~ a r a n t e e d by the Commonwealth or the State Governments, or on deposit with the Corn o ~ ~ e a l t h Bank, or in such security as may be approved by the Treasurer of ~ u e e n s l a n ~ .
As amended by Act of 1977, No. 3, s. 2.
PART II~:-LQcAL A ~ ~ ~ ~ ~ I T ~ ~ ~
17. (1) Local Authority may establish library and/or circulatin library. A Local Authority may if it deems fit and proper so to do establish, maintain, and conduct a library facility as a function of local
~overnment under and pursuant to the Local Government Acts.
In addition to the above powers, a Local Authority shall have power and authority to ~stab~isli, maintain, and conduct a circulating library either solely or in conjunction with any library facility established by it, and such establishment shall also be a function of local government under and pursuant to the Local ~ o v e r n m e n t Acts which are hereby applied and extended accordingly.
(2) Joint Local Authority. A Joint Local Authority within the meaning of Part EX of the Local Government Acts may be constituted by the Governor in Council by Carder in Council for the purpose of establishing, ~ a i n t a i n i n g and conducting a library facility as a function of local g o v e r ~ m c ~ t in respect of such Joint Local Authority. Moreover any such Joint Local Authority shall have power and authority to establish,
~ a ~ n t a i n , and ond duct a c i r c ~ l a t ~ n g library either solely or in conjunction with any library established by it, and such establishment shall also be a
function of local ~ o ~ e r n i n e n t under and ~ u r s u a n t to the Local ~ o v e r ~ e ~ t Acts which are hereby applied and e ~ t e n ~ e d accordi~g~y.
18. (1) Library Committee caf Local A ~ t ~ 0 ~ i ~ ~ or ~ o i ~ t Local Authority. A Local Authority which has established a library facility ( i n c l u d ~ ~ g a circulating library, if any) shall have power and authority to appoint a Library Committee consisting of not more than. seven m~mbers. The Local Authority may also appoint so many members (not e~ceeding four) as associate members of the Committee.
The embers of any Library ~ o m ~ i t t e e established by a Local Authority need not consist wholly o f aldermen or councillors of the
Local Authority.
(2) Where a Joint Local ~ u t h o r ~ t y i s e s t a b ~ i s ~ e ~ , the number of members constituting the Board governing the Joint Local Authority shall be as determined by the Governor in CounciI by the Qrder in Council constituting the same and the provisions of section twenty o f the Local
~ o ~ e r ~ ~ e n ~ Acts shall, so far as applicable, mutatis ~ z ~apply t ~ ~ ~ ~ ~ , and extend accordingly.
L I ACT 1343-1979 ~ ~ ~s. 19 11 ~ ~ The Board of the Joint Local Authority shall likewise have power
and a u t ~ i ~ r i t y to appoint a Library Committee and the provisions of s~~b-section one shall apply accordingly.
(3) The Committee shall, subject to the Local Authority, or as the case may be, the Joint Local Authority maintain and conduct the library so established and in respect of which it is appointed, and moreover the Local Authority, or as the case may be, the Joint Local Authority may delegate to such Committee such powers, functions and authorities as it by resolution shall deem fit and proper in the interests of the inhab~tants of the Area concerned :
Provided that the Local Authority, or as the case may be, the Joint Local Authority may at any time annul such delegation, and in any such case such Local Authority, or as the case may be, the Joint Local Authority shall resume and continue its powers, functio~s and aut~orities accordingly, (4) By-law. The Local Authority or, as the case may be, the Board governing the Joint Local Authority may make by-laws or as the case may be, ordinances, concerning the control, ~ a n a g e ~ e n t and conduct of the library facility (including the circulating library if any) under its j ~ r ~ s d i c t ~ o n , including powers, authorities, duties, and tenure of office of the library committ~e concerfied, and the provisions of the Locat Government Acts as to making approval and effect of such by-laws or ordinances shall, mutatis mutandis, apply and extend accordingly.
(5) Rates aand c ~ a r ~ e $ . The p~ovisions of sections twenty-one to twenty-three (as to rates and charges, borrowing and funds respecti~ely~
of the Local Government Acts and any provisions of the City of Brisbane Acts where applicable herein are also, ~ u t u ~ i s mutandis, applied herein accordingly.
For the purpose of any special rate made by a Local Authority in pursuance of any loan required for the purposes hereinbefore indicated no poll shall be required in respect of such loan.
39. ~ oof oca1 ~ ~ u t h ~ r ~ ~ ~ ~ as to s Schools of Arts. (1) A Local Authority-
(a) When requested by the Trustees of a School of Arts so to do;
or
(b) If it deems it desirable for the general betterment and well-being of the inhabitants of its Area, and in the public interest, so to do,
and having in view the objects and purposes of this Act is hereby authorised and empowered, by resolution passed by the Local ~ u t ~ o r i t y , to take over the management, control, and conduct of the School of Arts concerned:
Provided that the approval thereto of the ~ o ~ e r n o r in Council signified by Order in Council shall be had and obtained:
12 s, 19 LIBRARIES ACT' 1943-1979
Provided also that the Trustees of any School of Arts who shall object to such taking over as aforesaid shall have the right of appeal to the Governor in Council.
The Governor in Council may delegate the hearing of any such appeal to such person or tribunal as he shall appoint. Such delegate shall for the purpose of hearing such appeal have the powers, authorities, jurisdiction
and protection of a comm~ss~on within the ~ e a n i n g of The ~ ~ c i ~ ~ Inquiries Evidence Acts, 1910 to 1929, the decision of such delegate
shall be referred to the
over nor
in Council and may be adopted by hiin with or without modification.(2) From and after the date signi~ed in the said Order in Couiicil approved as aforesaid, the following consequences shall obtain and have efFect, namely :-
(a) the School of Arts concerned, including any deed of grant or certificate of title or lease of the land co~stituting the site of the School of Arts and all buildings and permanent improvements situated thereon, and all other property and assets of whatever description and wherever situated, which is or may be vested in or held by or in the name of the trustees or otherwise, or in the name of any other person for o r on behalf of the trustees or of the School of Arts concerned;
(b) all instruments, documents, records, plans, correspo~denc~, and all books and writings and all rights, liabilities, obligations, contracts and engag~nients ia regard to or appertain~ng to the matters and things referred to in paragraph (a)
shall, without any transfer, assignment, conveyance or notice other than this Act and the Order in Couiid concerned be divested from the Trustees thereof and conveyed, handed over, t~ansferred to and vested in and attach to and may be enforced by and against the Local Authority concerned.
(3) The Trustees or any other person referred to in subsection two hereof shall and are hereby required to give peaceable possession of the School of Arts concerned, and all such property and assets and all such matters and things as above referred to to the Town Clerk or Shire Clerk, or other officer authorised by the said Local Aut~ority concerned to receive same on its behalf.
(4) The receipt by the Town Clerk or Shire Clerk or other authoris~d officer of the Local Authority concerned of such property and assets, and all such matters and things shall be a good and suEcient discharge, and the Trustees shall not thereafter be liable or acGountab~~ therefor or bound to see to the app~~cation or appropriation thereof.
(5) The Local Authority concerned shall have the management, control and conduct as a function of local gov~rnment under the Local Government Acts of the School of Arts concerned and of the affairs and
~ o ~ c e r n s thereof, and may act in all matters therein in the manlier as appears to it best calculated to proniote the interests thereof, having in view also the objects and purposes of this Act.
LIBRARIES ACT 1943-1979 ss*zo,w 1'3
PART IV-PUBLIC RECORDS
emtion of Part IV. The operation of this Part shall take effect on a date to be proclaimed by tlie G o ~ e r ~ o r in Council by
~ r o c l a m a t ~ o n pub~ished in the Gazette :
Provided that such Proclamation may be issued at the date o f the Proclamation of the coming into force of this Act, or may be issued at any date subsequent to such last-mentioned date; and any Proclamation bringing into force this Act shall specificially state whether or not such
~ r o c ~ ~ ~ a t ~ o n embraces or excludes this Part IV.
21. (1) Interpretation. In this Part, unless the context otherwise indicates, the f o l l o ~ i n g terms have the meanings set against them respectively, that is to say:-
" public authority " means an office, d e ~ a r t m ~ ~ t , sub-department,
board, commission, institution or instrumentality of the State and includes :-
(a) a Court established by or under any Act;
(b) a Commission within the meaning of that term in The Conzrnissions of Inquiry Acts 1950 to 1954;
(c) a local body within the meaning of that term in the Local
~ 0 ~ ~ ~ s ' Louns Guarantee Act 1923-1973 ;
" public records " includes manuscripts, papers, letters,
doGuments, registers, books, maps, plans and drawings, pictures, prints, plates, photographs, photographic plates and negatives, cinematograph films and negatives, ~ i c r ~ f i ~ and
~ ~ c r o f i c h e , sound recordings, or other records of any kind of or pertaining to a public authority, or made by or deposited with an officer of a public authority pursuant to any Act OF
law.
(2) Public records may be deposited with the State ~ i b r a r i
person having the custody or possession o f any public records may, 'th the consent of the State Librarian, deposit such records with the
ate Librarian for disposal.
~ o t w i t l ~ s t a n d i ~ g this subsection, records specified in this ragraph shall not be deposited with the State Librarian unless
following additional consents have been first obtained :- (i) the Supreme Court, that of the Chief Justice ;
(ii) a District Court, that of the Chairman of District Courts ;
(iii) the Land Court or the Land ea1 Court, that of the President of the Land Court ;
(iv) the lndustrial Court or the Industrial Conciliation and Arbitration Commission, that of the P~esident
o f the Industrial Court ;
(v) The Local Government Court, Lkdt of a Judge of District Courts who for the time being constitutes
that Court ;
(a) in the case of records of-
I14 8.21. LIBRARIEE ACT 1943-1979
(b) in the case of records o f any other Court or a ~ o ~ ~ ~ s s ~ o n within the ~ e a n i n g of The ~0~~~~~~~~~ o ~ ~ ~ ~ u i $ ~ Acts 1950
to 1954, that of the kinder ecretary~ ~ e p a r ~ m e n ~ of Justice.
(3) P u b k recar person shall sell, de
the person having the control or possess~on thereof has given to the State Librarian notice in writing and by registered post of the intention to sell, destroy or do away with, such public records and a period of at least one month has elapsed since the giving of such notice.
(ii) On receipt of any such notice as aforesaid, the State Librarian (or any person duly authorise^ in w~iti~ig in that behalf by the Board), may-
(a) Inspect and take possession of the public records therein mentioned ; or
(b) Require the person having the control or possession. of such records, by notice in writing and given by registered post, to deposit the same with the State Librarian or at such place and with such officer as shall be designated in the notice concerned,
and may dispose of such records as the Board shall direct :
Provided that the Board may, if it thinks fit, permit the sa destruction, or other disposal thereof by any person.
(iii) Records of a Court or a Commission within the mead The Commissions of Inquiry Acts 1950 to 1954 shall not be dest or otherwise disposed of until after the expiration o f the following p calculated from the date of the last dealing-
(A) in the case of records of the Supreme Court, a District Court The Local Government Court, a ~ a ~ i s t r a t e s Court constit~te under The Magistrates Courts Acts 1921 ta 1964 or a Gom~ission as defined in this paragraph (iii), 15 years;
(B) in the case of records of all other Courts, 5 years.
(iv) The periods specified in paragraph (iii) shall be ~ n l a r ~ ~ d if the Chief Justice, the Chairman of District Courts, the President
o f the Land Court, the President of the ~ndustrial Court, a Judge of District Courts who for the time being constitutes The Local Government Court or the Under Secr~tary, D e p a r t ~ e n t of Justice, as the case requires having regard to the records involved, so directs and to the extent indicated in a direction so given.
(v) NO person shall fail to comply with any requirement of the State Librarian or authorised officer under this section.
(4) Recoxry of PPiblie records ~ ~ held. (i> ~If the State ~ ~ ~ e ~ ~ y Librarian has reason to believe that any public records not being
records, the sale or disposal of which has been authorised by this Part are i n the custody or possession of any person otherwise than in the
ACT €943-1979 s.21 15
official capacity of an officer or agent of the public authority to which such records belong or apperta~n the State Librarian (or any person duly a ~ t ~ o r ~ ~ e d in writing in that behalf by the Board), by notice in given by registered post, may require such person to deposit s with the State Librarian or to deposit the same with such officer and at such place as shall be designated in. the notice concerned.
(ii) No person without reasonable cause shall fail to comply with any r e q u ~ r e ~ i e ~ ~ of the State Librarian or authorised officer under this subsect~o~~.
(5) PeEadties. (i> Any person who i s guilty of a breach of, or fails to compIy with, the provisions of subsection three of this section shall be liable to a penalty not exceeding twenty dollars.
(iij Any person who without reasonable cause shall fail to comply with any requlrement of the State Librarian or authorised o%cer under subsection four of this section shall be liable to a penalty not
exceed in^
twenty dollars.
subsection four of this section-
(iii) Tn respect of any proceedings in respect of an o
(I) the averment in the complaint that the records therein mentioned are held by defendant otherwise than in the proper official capacity of an officer o r agent of the public authority to which they belong or a p p e ~ a ~ n shall be evidence of that fact until the contrary is proved ; and
(2) the court before which such proceed~ngs are heard may order the delivery of the records to the State Librarian or designated officer within a time to be specified in such order and in default of comp~iance there wit^ may impose a further penalty not exceeding forty dollars, together with a daily penalty not exceeding four dollars for every day where the offender fails to comply with such order after the first conviction therefor.
records, The chief officer of every public te and accurate records of the activities rity to be prepared and preserved and shall have
y of such records.
of public records to public authority. Where a public s the State Librarian in writing that a public record that it with the State Librarian or that has been recovered under subsection (4) is required for use by that public authority, the State Librarian shall, if he has control or possession of that record, return it tu that public authority.
under this Part and in addition to any other matters may prescribe- (7) Regulations. The Governor iii Council may make regulations
(i) The manner in which the persons by whom and the places where public records of diRerent classes may be stored, safeguarded and cared for or otherwise disposed of;
I6 m.22>23 LIBRARIE8 ACT 1943-1979
(ii) The manner in which, the persons by whom and the conditio~s under which public records may be disposed o f upon the abolition or the termination of the functions of public authorities or the transfer or a~algamation of o
branches thereof;
(iii) The cases in w ~ i c h and the conditions under which access to and inspection of any public records or class of public records may be allowed to any person or class o f persons,
and the provisions of section twenty-eight of this Act, shall, ~~~~~~~
~~~~~~~~,
apply and extend accordingly.As amended by Act of 1974, No, 12, s, 2,
Decimal currency references substituted pursuant to section 7 of ~ ~ i~ u ~ r e ~ c y ~ a l Act of 1965.
PART ~ - ~ ~ S C E L ~ A N ~ O U S
22, U ~ a w f ~ l damage, kc., of books, picture exhibits, &e. (1) If any person un~awf~lly damages, mutilates, destroys, or removes from the possession of the Board any picture, print, exhibit, coin, medal, cariosity, object of natural history, object or work of art, book, map, manuscript, document, pamphlet, paper, or other chattel the property of or in the possession of the Board at the time of the damagi
destruction, or removal, he shall be guilty of an offence a and shall be liable to a penalty not exceeding two hundre
(2) (i) When such damage, mutilatio~, destruct~on, or removal const~tutes an offence against this Act, and in any p r o c e e d ~ n ~ ~ in respect thereof a person is convicted, the court convicting such person may, i n addition to imposing any penalty, order such person to pay to the Board the full amount of the value o f the chattel damaged, mutilated, destroyed, or removed, and such amount shall be recoverable as if it were part of the penalty so imposed, notwithstanding that the totat of the
such amount exceeds the maximum penalty which may be imposed.
(ii) Such amount shall be recoverable summarily in the same ma~iner as penalties for offences against this Act are recoverable or at the option of the Board in any court of c o ~ p e t e ~ ~ t j~trisdiction.
(3) Any proceeding^ under this section may be taken by the Board or by any person p~~rporting to be authorised in writing by the Board.
Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.
23. When Board may offer reward, &e. (1) The Board may offer and pay a reward to any person who gives information to the Board or any of its officers of the commission of an offence against this Act or of the damaging, mutilation, destruction, or removal from the possession of the Board of any picture, print, exhibit, coin, medal, curiosity, object of natural history, object or work of art, book, map, ~ a n s c r ~ ~ t , document, pamphlet, paper, or other chattel the property o f or in the possession of the Board, whether such damaging, mutilation, destruction, or removal is an offence against this Act or not.
(2) When proceedings are taken before a court in respect of any such offence, damaging, tila la ti on, destruction, or removal, and a person is convicted by the court, or any order is made by the court against
respect thereof, the court may, in addition to i ecuniary liability, order such person to pay to t amount o f any reward paid by the rd in respect of
~ a ~~ u t i ~ a t i o ~ , ~ ~ destruct~o$~, ~ ~ gor , oval, and such a recoverab~e as if it were a penalty imposed under this Act.
not exceed the sum of twenty dollars in respect of each offence
~ u t ~ l a t i ~ n , destruction, or removal.
Decimal currency reference substituted p u ~ u a ~ t to section 7 of Bee Act of 1965.
(3) The total amount recover~b~e under su~section two
2 3 ~ . Delivery of copies of bocrks published in Q ~ e e n s ~ ~ ~ . publisher of every book whic
passing of The ~ ~Act ~ r ~ r ~ ~ ~
month after the publication,
book to the State Librarian and also to the librarian of the
~ a r l i a ~ e ~ t of for it.
In the case of any periodical ~ ~ b l ~ c a t i o n it shall be s receipt is given in the month o f ~ a n u a r y for all copies ther
rarian or to the ~ibrarian of the library of the Parliament
of Queensland during the period of twelve months ended on the ~ r e c ~ d ~ n ~ thirty-first day of December.
rst published in Q u e e n s l a ~ ~ ~ after the
~~e~~ Act of 1949 shall, within one o in each case shall give a ~ v r ~ t t e ~ receipt
er, at his own expense,
s delivered to the State Librarian and t t of Queensland shall be
~ ~ ~ u s t r a t ~ o n s belon~ing ther er as the best copies of t whole book with
and coloured in t
~ b l i ~ h ~ ~ and bound, sewed, or stitched together, and on the best paper n which the book is printed,
o fails to comply with this section shall be this Act and liable to a penalty not exceeding uch c o ~ v i c t ~ o n i s i posed by reason of the non-delivery to the State Libra n, the penalty and any other amount ordered to be paid by the justice efore whom the publisher is CO
shall be paid to the Library Bo of ~ u e e n s ~ a n d .
(4) For the purposes of this section the expression " book " includes every part or division of a book, pamphlet, ~ ~ ~ s p a p e ~ ? sheet of iette
chart, or table, separate~y ~ u b I ~ $ h e ~ , but does riot
or subse~uent edition of a book unless that edition contains additions or alterations, either in the letter-press or in the rints, or other engravings belonging thereto or i n ~ ~ u d e any bo ished 'by or on behalf o f the ~ o v e r ~ i ~ e n t o f the State or any Government department ,
i dollars and the value of the book.
18 ~ ~ B R ACT A ~1943-1979 r ~
(5) An offence against this section by reaso~i o f the ~ o n - ~ e ~ i v e r y of any book to the librarian of the library ofthe Pa
may be prosecuted upon the coniplaint of that Sib thereunto authorised in writing by him, or of subsection three of section twentysix o f this for an offence against this Act.
lnscrted by Act of 1949, 13 Geo. 6 No. 25, s. 2.
Decimal currency reference substituted pursuant to section 7 of Decimal ~ ~ ~ r e n c y Act of 1945.
accounts. The Auditor-General OF strch staff as be from time to time directs sha
, examine the books and accounts of tho raf shall report thereon to the Minister.
ai report. The Board shall as soon as h a y be after the each year report proceedings of the Board to the ~ i ~ i s t e r , such report shall contain ome and expendi of the Board duly audited before P a ~ ~ a ~ e ~ ~ t . 26. (1) Genreratf pemlty. Any p son who i s guilty of any c o n t r a v e ~ t ~ ~ n of or offence against this specific: penalty is in this Act provided shall be liable exceeding fprty dollars.
(2) Time for prosecutiolea. ~ r o c e e d i ~ g s far an oRence agai~st this Act
may be instituted at any time within six months after the c o m ~ ~ s s i ~ ~ of the oEence or within four months after the discovery thereof by the
~ o n i p ~ a ~ ~ ~ ~ ~ ~ whichever i s the Eater period.
~ ~ ~ ~ e ~ ~ l a ~ s far oEeraces. All proceedings in respect of offelices is Act shall be heard and determined, and all penalties imposed by this Act shall be recoverable, summarily on complaint under f i e
s, 1886 to 1942, by the secretary or by any person pur~orting rised in writing - by - the Board.
currency reference substituted pursuant to section 7 of Decimal Currency
c ~ e d i n ~ s , when laot j ~ v ~ l ~ ~ ~ t e ~ ~ No proceedings of the mmittee or of any perso acting as member or as chairman man shall be i n v a ~ ~ ~ a t by reason of any defect in the a p p ~ ~ i i t ~ e ~ ~ ~ or of any d i s ~ u a ~ i ~ c a t i o n of any such person or by reason
of there being any vacancy in the ~ u m ~ e r of ~ e m b e ~ s of the Board at the time of such proceedings.
28. (1) ~ ~ ~ ~The i
overn nor
a t ~ in Council ~ ~ ~ may . from time to time make regulations providing for all or any purposes, whether generalor to meet particular cases, that may be c o ~ v ~ ~ i e n t for the a d m ~ n i s t ~ a t ~ o ~
o f this Act, and where there may be in this Act no provision or no s~fficient
LIBRARIEB ACT 1943-1979 S. 19
rovision in respect o f any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such o ~ ~ s s i ~ n or insufficiency.
~ i t h o u t lim~ting the generality of the foregoing provisions regulations
~ a g e ~ e ~ t . The good gover~ment, ~ a n a ~ e m e ~ ~ t and control the aEairs of tlie Public Library of Queensland, or any branch thereof, and ofany other property under the m a n a g e ~ e n t and/or control of the Board.
may be made for all or any of the following purposes, that is to say:-
(ii) Seal, The use and custody of the oEcial seal.
(iii) Election, Be., of ~ ~ The election and/or appointnient, ~ ~ ~ ~ s . or appo~ntment on the n o ~ i n a t i o n and/or election, of members
of the Board; the conduct of elections, and the of a roll of persons entitled to vote at elections, of d e t e r ~ ~ n i n ~ the q u a ~ i ~ c a t i o n of voters at su
and the making of such roll conclusive evidence of the title to
vote at any such election.
(iv) Meetings. The ~ a ~ ~ n e r and time of co~vening, hol adjourning the me s of the Board; the quoru voting at s w h me ; the filling of vacancies; t and duties of the chairman thereof; the conduct
of the business and minutgs of pro~eed~ngs; the appointment ittees and the quorum; powers and duties of such
es, including the conduct and record of the ~ u s ~ ~ e s ~ and minutes o f proceedings of any such committ~.
ation of officers by Authorising the Board t, upon such terms an tions as may be prescribed, fit and proper
ers sons
to act in ~ o n s u ~ t a ~ ~ o n with any committee.(vi) ~ ~ satieties. i Terms, ~ provisions arid conditions as to a ~ ~ ~ affiliation by affiliated societies.
~ o ~ ~ r & ~ * The ~ a n a ~ e ~ e n t , control, and investment of the property and assets of the Board.
i? ~ ~ s p o s ~ ~ 0% ~~~~~~~
Prescribing the classe e sold, mortgaged, e
10r otherwise disposed o f without the consent of the in Council.
n o f the land and property of or under the control of the rd from trespass, i n j ~ r ~ , or inisuse,
( x ) Admission, For the admission and for the e ~ c ~ ~ s ~ ~ n or expulsion of the public or any i n d i v ~ ~ u a l to and from the
Public Library of ~ u e e n s ~ a n d , or any part of such institution or any branch thereof, or any land or premises the property of or under the control of the Board.
(ix) ~ ~ ~ ~ ~ c t i o n of laaid, &c. The prate
20 S. 29 LIBRARIES ACT 1943-1979
(xi) General ~onditi~ns. For specifying the conditions and restrictions upon and subject to which the public may be allowed to read books, ~ a n u s c r ~ ~ t s , public and other documents, or to take same on loan, or to make copies thercof or extracts there fro^.
i r ~ ~ I l a ~ ~ ~ Library. The management and control of the rculathg library, including terms aird conditions as to subscribers, scholars' facilities, facilities for adult education,
books to be taken out, responsibility of rep~acei~ent, ~ m o ~ i ~ t and/or basis of subscriptions, and generally in regard to the
proper management and conduct of such circu~ ati~ g library.
For the effectual use for the purposes of
public education arid enjoyment of books, maps, ~ a n ~ s c r ~ p t s ~ documents, pamphlets, and papers and other property of the
Board or under its control.
~ ~ r c h ~ e of books, &e. Authorjsi~~g the se for or on behalf of the governing body o f any Local body pro yid in^ library facilities in Queensland any books, papers, magazines, and ofice supplies and requisites at the cost of such ~ o v e r n ~ ~ g body, but otherwise upon such terms and c o n d ~ t i o ~ ~ s as may be arranged by the Board and such governing body.
enalties. For fixing penalties for any breach of any regulation not exceeding the sum of forty dollars for any one ofi'ence.
(xvi) ~ e s c r ~ b e d matters. All matters required or permitted by this Act to be prescribed.
(xvii) Generally. Generally for carrying out the objects and p u r ~ o s e s of this Act.
(2) Regulations may be made on the passing of this Act. Any such
Decimal currency reference substituted ~ ~ r to ~section 7 of u ~ nDecimal Currency ~
(xiii) Use of exhibits.
regulations may be made on the passing of this Act.
Act of 1965.
29. ~ ~ ~ Iand Or a ~ os in ~ o ~ n c i 1 . ~ s (I) All Orders in Counc 1 and regulations made or p rting to have been made under this Acit ub~ished in the Gazet~e shall have the same force and effect as if they were enacted in this Act and shall be judicially noticcd, and their validity shall not be questioned in any proceedings whatever; the publication in the Gazette of any such Order in Council or regulation shall be conclusive evidence o f the matters contained therein and of the power and authority to make such Order in Council or regulation, as the case may be.
Such Orders in Council and regulations shall be laid before the Legislative Assembly within fourteen days after such publication, if Parliament is in session; or, if not, then within fourteen days after the commencement of the next session.
~ I ~ ACT R 1943-1979 ~ ~ I ~ s.29 21
(2) If the Legislative Assembly passes a resolution disallowing any such r~gulation, of which. resolution notice has been given at any time within fourteen sitting days after such regulation has been laid before it, such ~ e g u ~ a t i ~ n shall thereupon cease to have effect, but without prejudice to the validity of anything done in the ~ e a n t i ~ e .
23
LIBRARIES A
n Act to amend the Libraries Act 1943-1977 in certain partic~lars and for other purposes
[Assented to 8 June, 19791 E IT ENACTED by the Queen’s Most E
ith the advice and consent of the ~egislative
in ~ a r l ~ a m e n t assembed, and by the authority me, as follows:-- ) This Act may be cited as the et 1943-1977 is referred to as the (3) The ~rincipal Act as amended by this Act may be cited as the
~ r ~ ~ i c i p a ~ Act.
Libraries Art 1943-1979.
ions purporting lo have 2943 to 1949 on 5 May, 1949 at page 1884 shall ence of any authority for alidly made under those be as valid and effectual pursuance of The ~~~~~~
Bished in the Gazette on ng any defect therein, or the making thereof be deemed to ha Acts and cm the commence~ent of thi
as if made under the authority of the ~~~~~~~~~ Act 1943-1979.
3. V ~of ~ ~~ p ~Q i ~~ ~ ~~ ~ t ~ ~ ~
made to the Library Board of this Act were ~awfu~ly and eFec
eclared that all a p p ~ i n t ~ e n t s before the c o ~ ~ e n c e m e n t of e&, It is declared that-
ces made to embers and to persons s o f the Library Board of Queensland
t of this Act were lawfully made;
(b) the persons to whom p~yments referred to in paragraph (a) have been made are and always were lawfully entitled to accept the moneys paid to them arid to retain those moneys.
5, 6. Amended Principal Act.
t of ~ l ~ ~ Allowances may be paid to any member w ~ ~ ~ s . Board of Queensland in accordance with the regulations made pursuant to the provisions of the L i b r ~ ~ i e ~ Act 1943-1979 in respect of his a t t e ~ ~ ~ n c e at any meeting thereof held after 8 November, 1978:
Provided that no allowance shall be paid to any member who was at the time an ofticer of the ublic Service of Queensland in respect of his attendance at any such meeting during his ordinary hours of duty as such an officer.
TO
A
Atfiliated Society-
grants and loans to
. . .
s. 16(5). . . .
meaning of term
. . . .
terins and conditions . . . . . .
paid to Board members
. . .
5A . . . .Amalgamation
. . .
9(7) . . . . . . .payment to Board . . . $3)-
. . . .
Allowances--
Annual Report . . . 25
. . .
Audit of books and accounts
. . .
24. . .
Board. See Library Board.
Book lending services-
provision for
. . .
Books-
delivery to State Librarian
. . .
meaning of term
. .
. . .published in Queensland'
. . .
By-laws
. . .
Chief Officer of a public authority-
c
Circulating library-
preservation of public records
. . .
establish and maintain
. . .
Local Authority
. . .
meaning ofterm
. . .
City of Brisbane Acts-
D
Depositing records-
consent for
. . .
with State Librarian
. . .
Dissemination of information
. . .
ss. 9(6), 12
. . . .
s. 2 3 ~ . . . .
ss. 3,23i(4) . . . .
s. 2 3 ~
. . .
l S ( 4 )
. . .
21(6)
. . .
14
. . .
17
. . .
3 . I
..
1 .21(2)
. . .
2 1 (2)
. . . .
9(8)
. . .
E
Educational institutions-
co-operation with
. . .
9(2). . . .
F
Funds-
appropriated 15(1) . . .
endowed
. . . . . .
15(2). . .
investment of
. . .
1166". . . .
Library of Queen&nd
. . . . . .
G
to Public Library or Board
. . .
11. . .
Gifts and bequests-
Page
9 2 9 8
5 7 18 18
17 2, 17 17 11
15 8 10
2
13 1 3 7
7
8 10 9
9
8 Grants and/or loans
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