Libraries Act 1988

A person having dealings with the board is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding in relation to the dealings, any assertion by the board that the matters that the person is entitled to assume were not correct must be disregarded.

A person having dealings with a person who has acquired, or purports to have acquired, title to property from the board (whether directly or indirectly) is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding in relation to the dealings, any assertion by the board or the second person that the matters that the first person is entitled to assume were not correct must be disregarded.

The assumptions that a person is, because of subsection (1) or (2) entitled to make are—

that, at all relevant times, this Act has been complied with; and

that a person who is held out by the board to be an officer or agent of the board has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and

that an officer or agent of the board who has authority to issue a document on behalf of the board has authority to warrant that the document is genuine and that an officer or agent of the board who has authority to issue a certified copy of a document on behalf of the board has authority to warrant that the copy is a true copy; and

that a document has been properly sealed by the board if—

it bears what appears to be an imprint of the board’s seal; and

the sealing of the document appears to be authenticated by a person who, because of paragraph (b), may be assumed to be an officer or agent of the board; and

that the officers and agents of the board have properly performed their duties to the board.

However, a person is not entitled to assume a matter mentioned in subsection (3) if—

the person has actual knowledge that the assumption would be incorrect; or

because of the person’s connection or relationship with the board, the person ought to know that the assumption would be incorrect.

If, because of subsection (4), a person is not entitled to make a particular assumption—

if the assumption is in relation to dealings with the board—subsection (1) does not apply to any assertion by the board in relation to the assumption; or

if the assumption is in relation to an acquisition or purported acquisition from the board of title to property—subsection (2) does not apply to any assertion by the board or another person in relation to the assumption.

In this section—officer, of the board, means—

a member; or

the State librarian; or

an employee of a department or another government entity performing work for the board under a work performance arrangement; or

an employee of the board.