Version No. 051 Libraries Act 1988 No. 80 of 1988 Version incorporating amendments as at 27 September 2012 The Parliament of enacts as follows: S. 1 amended by No. 61/1996 s. 4(1)(2). 1 Purposes The purposes of this Act are to establish a Library Board of Victoria, to make provision for the coordination and organisation of libraries and to make provision for land subject to library purposes trusts. 2 Commencement 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)). 3 Definitions (1) In this Act— S. 3 def. of bank repealed by No. 11/2001 s. 3(Sch. item 41.1(b)). * * * * * 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. 18(1)(e) amended by No. 29/1994 s. 66(2). (e) 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). (ea) 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). (eb) 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). (ec) 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). (f) 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). (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 . S. 19 amended by No. 61/1996 s. 12. 19 Powers s. 19 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— (a) 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
S. 25(5) amended by No. 61/1996 s. 18(2). (5) A question arising at a meeting of the Board is determined by a majority of votes of the members present and voting on the question and, if the votes are equal, the person presiding has a casting vote. S. 25(6) amended by Nos 29/1994 s. 70, 61/1996 s. 18(2)(3). (6) The Board must meet on at least 6 occasions in each year at the times and places that are determined by the President or the Board. S. 25(7) amended by No. 61/1996 s. 18(2). (7) An act or decision of the Board is not invalid by reason only of a defect or irregularity in or in connection with the appointment of a member of the Board. S. 25(8) amended by No. 61/1996 s. 18(2). (8) Subject to this Act, the Board may regulate its own procedure. S. 25A inserted by No. 61/1996 s. 19. 25A Resolutions without meetings (1) If— s. 25A (a) the Board has taken reasonable steps to give notice to each member setting out the terms of a proposed resolution; and (b) a majority of the members in office at the time sign a document containing a statement that they are in favour of the resolution in the terms set out in the document— a resolution in those terms is deemed to have been passed at a meeting of the Board held on the day on which the document is signed or, if the members referred to in paragraph (b) do not sign it on the same day, on the day on which the last of those members signs the document. (2) For the purposes of subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or
instrument of appointment but is eligible for reappointment. s. 28 S. 29(1A) inserted by No. 61/1996 s. 24(4). (1A) The Chief Executive Officer holds office, subject to this Act, on the terms and conditions that are specified in the instrument of appointment. S. 29(1B) inserted by No. 61/1996 s. 24(4). (1B) The Board must not remove the Chief Executive Officer from office except with the approval of the Minister. S. 29(2) amended by No. 61/1996 s. 24(5)(a). (2) The Chief Executive Officer shall— S. 29(2)(a) amended by No. 61/1996 s. 24(2), repealed by No. 61/1996 s. 24(5)(b). * * * * * S. 29(2)(b) amended by No. 61/1996 s. 24(2). (b) attend meetings of the Board; and S. 29(2)(c) amended by No. 61/1996 s. 24(2). (c) have the control and management of the day to day affairs of the Board in accordance with directions given by the Board; and S. 29(2)(d) amended by No. 61/1996 s. 24(2). (d) manage the State collection, subject to the direction of the Board. S. 29(3) repealed by No. 61/1996 s. 24(3). * * * * *
S. 30 amended by No. 61/1996 s. 25, substituted by No. 61/1996 s. 26. 30 Employment of staff s. 30 The Board may employ any other persons necessary for the purposes of this Act. 31 Accounts S. 31(1) amended by Nos 61/1996 s. 27(a), 46/1998 s. 7(Sch. 1), 11/2001 s. 3(Sch. item 41.2). (1) The Board may establish and keep in any authorised deposit-taking institution or institutions an account or accounts in the name of the Board approved for the purpose by the Minister administering Part 7 of the Financial Management Act 1994. S. 31(2) amended by Nos 61/1996 s. 27(a), 11/2001 s. 3(Sch. item 41.3). (2) The Board must pay into any account or accounts referred to in subsection (1) all money received by it, other than money to which subsection (4) applies, and may make out of an account any payment for or towards the costs and expenses of or incidental to the performance of functions or exercise of powers of the Board under this Act. S. 31(3) amended by No. 104/1995 s. 6(Sch. 1 item 14), repealed by No. 61/1996 s. 27(b). * * * * * S. 31(4) amended by No. 61/1996 s. 27(a). (4) This section does not apply to money received or paid out by the Board subject to and in accordance with the terms of a special trust. S. 32 substituted by No. 61/1996 s. 28. 32 Borrowing and investment powers s. 32 The Board has the powers conferred on it by the Borrowing and Investment Powers Act 1987. Ss 33–35 repealed by No. 31/1994 s. 4(Sch. 2 item 48). * * * * * 36 Transfer to Consolidated Fund