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The purposes of this Act are to establish a Library Board of Victoria, to make provision for the co‑ordination and organisation of libraries and to make provision for land subject to library purposes trusts.
This Act comes into operation on a day to be proclaimed.
S. 3 amended by No. 85/2006 s. 173(Sch. 1 item 4.2) (ILA s. 39B(1)).
In this Act—
S. 3 def. of bank repealed by No. 11/2001 s. 3(Sch. item 41.1(b)).
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S. 3 def. of authorised deposit-taking institution inserted by No. 11/2001 s. 3(Sch. item 41.1(a)).
authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth;
S. 3 def. of Board repealed by No. 61/1996 s. 5(1), new def. of Board inserted by No. 61/1996 s. 5(2)(a).
Board means the Library Board of Victoria constituted under section 16;
S. 3 def of Chief Executive Officer inserted by No. 61/1996 s. 5(3)(b).
Chief Executive Officer (except in section 43) means the Chief Executive Officer of the Library Board of Victoria appointed under section 29;
S. 3 def. of Council repealed by No. 61/1996 s. 5(2)(b).
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S. 3 def. of Director repealed by No. 61/1996 s. 5(3)(a).
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S. 3(1) def. of film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 7.1).
film friendly principles has the same meaning as in the Filming Approval Act 2014;
S. 3(1) def. of film permit inserted by No. 51/2014 s. 9(Sch. 2 item 7.1).
film permit has the same meaning as in the Filming Approval Act 2014;
information organisation means a person who provides a prescribed information service or a service included in a prescribed class of information services;
library land means land granted by the Crown to trustees for library purposes, whether—
the trustees hold the land as trustees for, or as the governing body of, or otherwise on behalf of, an unincorporated association; or
the trust is created by Crown grant, deed, will or any other instrument whatever—
and in sections 37 to 41 includes land held by trustees for library purposes otherwise than by grant from the Crown;
library material includes books, periodicals, newspapers, pamphlets, manuscripts, films, sound recordings, musical scores, maps, charts, plans, pictures, photographs, prints and other recorded material, whether in writing or in some other form, and whether stored on tape, microfilm, microfiche, disc or any other method of information storage;
library purposes means the purposes of—
a free library, reading room, mechanics' institute or trades' hall; or
a body corporate the objects or purposes of which include the establishment or conduct of a free library, reading room, mechanics' institute or trades' hall; or
the members for the time being of an unincorporated body formed to establish or conduct a free library, reading room, mechanics' institute or trades' hall;
S. 3 def. of metropolitan area substituted by No. 85/2006 s. 173(Sch. 1 item 4.1).
metropolitan area means—
metropolitan area within the meaning of section 201 of the Melbourne and Metropolitan Board of Works Act 1958 (as in force immediately before its repeal); or
any area declared by the Governor in Council under subsection (2) to be the metropolitan area;
publication includes the whole or any part of—
any printed book, periodical, newspaper, pamphlet, musical score, map, chart, plan, picture, photograph, print and any other printed matter; and
any film (including a microfilm and a microfiche), negative, tape, disc, sound track and any other device in which one or more visual images, sounds or other data are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced from it;
trustees—
in relation to library land for which there is a committee of management, means the trustees for the time being acting on the recommendation of that committee; and
in relation to library land for which there is no committee of management, means the trustees for the time being of the trust on which the library land is held.
S. 3(2) inserted by No. 85/2006 s. 173(Sch. 1 item 4.2).
The Governor in Council may, by Order published in the Government Gazette, declare an area to be the metropolitan area for the purposes of this section.
S. 3(3) inserted by No. 85/2006 s. 173(Sch. 1 item 4.2).
An Order made under subsection (2) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether—
wholly or partially or as amended by order or other instrument; or
as formulated, issued, prescribed or published at the time the order is made or at any time before then.
S. 3(4) inserted by No. 85/2006 s. 173(Sch. 1 item 4.2), amended by No. 53/2017 s. 81.
Subsection (3) does not apply to the incorporation of a map or plan of an area of land unless the map or plan is lodged in the Central Plan Office.
The State collection comprises—
S. 4(a) amended by No. 61/1996 s. 6(a).
all library material vested in the Board; and
S. 4(b) amended by No. 61/1996 s. 6(a).
all publications deposited with the Board under section 49 and accepted for the State collection; and
S. 4(c) amended by No. 61/1996 s. 6(a).
all library material acquired and accepted for the State collection by the Board; and
S. 4(d) amended by No. 61/1996 s. 6(b).
all donations, gifts, dispositions and trusts of property real or personal, other than money, lawfully made or declared whether before or after the commencement of this Act by deed, will or otherwise to or in favour of the trustees of the Public Library or of the State Library or of the Library Council of Victoria or of the Council of the State Library of Victoria or for the uses or purposes of those persons or bodies and accepted for the State collection.
New s. 5 inserted by No. 51/2014 s. 9(Sch. 2 item 7.2).
This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.
Pt 2 (Heading and ss 5–15) amended by Nos 29/1994 ss 65(1)(a)(b), 66(1), 67(1)(2), 68(1), 42/1995 s. 224(Sch. 2 item 22.1
), repealed by No. 61/1996 s. 7.
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Pt 3 (Heading) substituted by No. 61/1996 s. 8.
S. 16(1) amended by No. 61/1996 s. 9(a).
There is established a Board called the Library Board of Victoria.
S. 16(2) amended by No. 61/1996 s. 9(b).
The Board—
is a body corporate with perpetual succession; and
has an official seal; and
may sue and be sued in its corporate name; and
is capable of acquiring, holding, dealing with or disposing of property for the purpose of performing its functions and exercising its powers; and
is capable of doing and suffering anything that a body corporate may by law do and suffer, and that is necessary or expedient for performing its functions and exercising its powers.
S. 16(3) amended by No. 61/1996 s. 9(c).
The official seal must be kept as directed by the Board and must only be used as authorised by the Board.
All courts must take judicial notice of the imprint of the official seal on a document and, until the contrary is proved, must presume that the document was properly sealed.
S. 17 repealed by No. 61/1996 s. 10.
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S. 18 amended by No. 61/1996 s. 11(1)(a)(b).
The functions of the Board are to do all things necessary to carry out its objectives and, without limiting the generality of its functions—
to ensure the maintenance, preservation and development of a State collection of library material including a comprehensive collection of library material relating to Victoria and the people of Victoria; and
S. 18(1)(b) amended by No. 61/1996 s. 11(1)(b).
to ensure that library material in the State collection is available to such persons and institutions, and in such manner and subject to such conditions as the Board determines with a view to the most advantageous use of the State collection; and
S. 18(1)(c) amended by No. 61/1996 s. 11(1)(b).
to ensure the availability of such other services and facilities in relation to library matters and library material (including bibliographical services) as the Board determines; and
to arrange the publication and sale of reproductions of any library material in the State collection; and
S. 18(1)(e) amended by No. 29/1994 s. 66(2).
to oversee the exhibition of material from the State collection for information, education and entertainment; and
S. 18(1)(ea) inserted by No. 61/1996 s. 11(1)(c).
to oversee co-operation in programs with libraries and information organisations to promote access to library and information services and resources; and
S. 18(1)(eb) inserted by No. 61/1996 s. 11(1)(c).
to exercise leadership and promote high standards in the provision of library and information services; and
S. 18(1)(ec) inserted by No. 61/1996 s. 11(1)(c).
to provide advice and information to the Minister on any matter concerning libraries and information organisations; and
S. 18(1)(f) inserted by No. 29/1994 s. 66(2), amended by No. 61/1996 s. 11(1)(b).
to perform any other functions appropriate to the Board as the Minister may approve.
S. 18(2) inserted by No. 61/1996 s. 11(2).
In carrying out its functions, the Board must endeavour to contribute to the enrichment of the cultural, educational, social and economic life of the people of Victoria.
S. 19 amended by No. 61/1996 s. 12.
The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions including but not limited to the power—
to enter into contracts, agreements or arrangements with any person or body of persons and do everything, including the payment of money, that is necessary or expedient for carrying the contracts, agreements or arrangements into effect; and
to accept real or personal property by purchase, gift, grant, devise or bequest, whether on trust or otherwise; and
S. 19(c) amended by No. 61/1996 s. 12.
to act as trustee of money, library material or other property vested in the Board upon trust.
S. 20 amended by No. 61/1996 s. 13.
In performing its functions and exercising its powers under this Act the Board represents the Crown in the right of the State.
S. 21 amended by No. 61/1996 s. 14(a)(b).
In performing its functions and exercising its powers under this Act, the Board is subject to the direction and control of the Minister.
S. 22(1) amended by Nos 29/1994 s. 65(2), 35/1996 s. 453(Sch. 1 item 50), substituted by No. 61/1996 s. 15(1).
The Board shall consist of not less than 7 and not more than 11 members appointed by the Governor in Council on the recommendation of the Minister, of whom at least half shall be persons who satisfy one or more of the following—
hold senior academic office in Victoria in a discipline appropriate to the functions of the Board;
in the opinion of the Minister, are experienced in business administration or finance or marketing;
in the opinion of the Minister, are experienced in local government or libraries or information technology;
in the opinion of the Minister, are distinguished in education, the humanities or any other field appropriate to the functions of the Board.
S. 22(2) amended by No. 61/1996 s. 15(2).
At least one member of the Board appointed under subsection (1) must be a person who resides outside the metropolitan area.
S. 22(3) amended by No. 29/1994 s. 65(2), substituted by No. 61/1996 s. 15(3).
The Governor in Council must appoint a member of the Board to be President.
S. 22(4) repealed by No. 61/1996 s. 15(3).
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S. 23(1) amended by No. 61/1996 s. 16(1)(a).
A member of the Board holds office for the period, not exceeding 3 years, specified in the instrument of appointment and, subject to subsection (2), is eligible for re-appointment.
S. 23(2) substituted by No. 7/1992 s. 8, amended by No. 61/1996 s. 16(1)(b).
A person who has been a member of the Board for 9 consecutive years ceases to hold office and is not eligible for re-appointment unless—
the person is, or immediately before the expiry of the ninth consecutive year the person was, the President; or
S. 23(2)(b) amended by No. 61/1996 s. 16(1)(b).
a period of 3 years or more has elapsed since the person last was a member of the Board.
S. 23(3) amended by No. 61/1996 s. 16(1)(c).
The Governor in Council may at any time remove a member of the Board from office.
S. 23(4) repealed by No. 42/1995 s. 224(Sch. 2 item 22.2(a)).
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S. 23(5) amended by No. 61/1996 s. 16(1)(d)(i).
The office of a member of the Board becomes vacant—
if the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or
S. 23(5)(b) amended by Nos 42/1995 s. 224(Sch. 2 item 22.2(b)), 61/1996 s. 16(1)(d)(i)(ii).
if the member is wilfully absent from three consecutive meetings of the Board without the leave of the Board;
S. 23(5)(c) repealed by No. 42/1995 s. 224(Sch. 2 item 22.2(c)).
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A member may resign his or her office in writing given to the Governor in Council.
S. 23(7) substituted by No. 61/1996 s. 16(2), amended by No. 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 114), 80/2006 s. 26(Sch. item 60).
The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Board in respect of the office of member.
S. 23(8) substituted by No. 61/1996 s. 16(3).
A member of the Board is entitled to be paid any remuneration or travelling or other allowances fixed for that member from time to time by the Governor in Council.
A member is appointed subject to any other terms and conditions that are specified in the instrument of appointment.
S. 23(10) inserted by No. 29/1994 s. 69, repealed by No. 61/1996 s. 16(4).
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