Libraries Act 1988

An Act about the State library and to promote libraries, and for related purposes

Long title sub 2002 No. 11 s 62 sch 1

1Short title

This Act may be cited as the Libraries Act 1988.

s 1 sub 2002 No. 11 s 62 sch 1

1AObject of Act

The object of this Act is to contribute to the cultural, social and intellectual development of all Queenslanders.

s 1A ins 2003 No. 66 s 4

1BGuiding principles for achieving the object

The principles intended to guide the achievement of the object of the Act are the following—

(a)leadership and excellence should be demonstrated in providing library and informational services;

(b)there should be responsiveness to the needs of communities in regional and outer metropolitan areas;

(c)respect for Aboriginal and Torres Strait Islander cultures should be affirmed;

(d)children and young people should be supported in their understanding and use of library and informational services;

(e)diverse audiences should be developed;

(f)capabilities for life-long learning about library and informational services should be developed;

(g)opportunities should be developed for international collaboration and for cultural exports, especially to the Asia-Pacific region;

(h)content relevant to Queensland should be collected, preserved, promoted and made accessible.

s 1B ins 2003 No. 66 s 4

2Interpretation

(1)In this Act—

appointed member ...

s 2 def appointed member om 1997 No. 79 s 4 (1)

appropriately qualified, for a person to whom a power under this Act may be delegated or who is asked by the Minister to investigate and report on a matter relating to the board, includes having the qualifications, experience or standing appropriate to exercise the power or comply with the request.

Example of standing—

A person’s seniority level in an entity.

s 2 def appropriately qualified ins 1997 No. 79 s 4 (2)

board means the Library Board of Queensland.

s 2 def board sub 1997 No. 79 s 4

chairperson means the chairperson of the board.

s 2 def chairperson ins 1997 No. 79 s 4 (2)

commencement—

(a)for part 10, division 1, see section 88; or

(b)for part 10, division 3—see section 95.

s 2 def commencement ins 2007 No. 20 s 13

sub 2007 No. 53 s 7 (1)–(2)

current appointment, for part 10, division 3, see section 95.

s 2 def current appointment ins 2007 No. 53 s 7 (2)

current conditions, for part 10, division 3, see section 95.

s 2 def current conditions ins 2007 No. 53 s 7 (2)

departmental head ...

s 2 def departmental head om 1991 No. 97 s 3 sch 1

deputy chairperson means the deputy chairperson of the board.

s 2 def deputy chairperson ins 1997 No. 79 s 4 (2)

director ...

s 2 def director ins 1996 No. 37 s 147 sch 2

om 1997 No. 79 s 4 (1)

financial year ...

s 2 def financial year om 1991 No. 97 s 3 sch 1

government entity see the Public Sector Act 2022, section 276.

s 2 def government entity ins 2007 No. 20 s 13

amd 2009 No. 25 s 83 sch; 2022 No. 34 s 365 sch 3

joint local authority board ...

s 2 def joint local authority board om R1 (see RA s 39)

library facility ...

s 2 def library facility om 1997 No. 79 s 4 (1)

library material means a document or other material in the possession or control of the board.

s 2 def library material ins 1997 No. 79 s 4 (2)

local authority ...

s 2 def local authority om R1 (see RA s 39)

member means a member of the board.

s 2 def member ins 1997 No. 79 s 4 (2)

Minister ...

s 2 def Minister om 1991 No. 97 s 3 sch 1

operational plan, of the board, means the board’s operational plan developed under part 3 of this Act and the standard.

s 2 def operational plan ins 1997 No. 79 s 4 (2)

amd 2009 No. 9 s 136 sch 1

Parliamentary library means the library maintained for the use of Members of the Legislative Assembly at Parliament House, Brisbane.

s 2 def Parliamentary library ins 1997 No. 79 s 4 (2)

pre-amended Act, for part 10, division 3, see section 95.

s 2 def pre-amended Act ins 2007 No. 53 s 7 (2)

premises, of the board, means any land or buildings vested in or placed under the control of the board that are open to the public, and includes the State Library and any branch of the State Library.

s 2 def premises ins 1997 No. 79 s 4 (2)

present librarian, for part 10, division 3, see section 95.

s 2 def present librarian ins 2007 No. 53 s 7 (2)

public authority ...

s 2 def public authority om 2002 No. 11 s 62 sch 1

standard means a financial and performance management standard under the Financial Accountability Act 2009.

s 2 def standard ins 1997 No. 79 s 4 (2)

sub 2009 No. 9 s 136 sch 1

State librarian means the State librarian appointed under section 13.

s 2 def State librarian ins 1997 No. 79 s 4 (2)

State Library means the public library formerly known as the Public Library of Queensland.

s 2 def State Library ins 1997 No. 79 s 4 (2)

strategic plan, of the board, means the board’s strategic plan developed under part 3 of this Act and the standard.

s 2 def strategic plan ins 1997 No. 79 s 4 (2)

amd 2009 No. 9 s 136 sch 1

work performance arrangement means an arrangement under which an employee of a government entity performs work for another government entity.

s 2 def work performance arrangement ins 2007 No. 20 s 13

(5)For the purposes of this Act, a person is in possession of a thing if the person has it under control in any place whatever, whether for the person’s use or benefit or of another person and although another person has the actual possession of the thing.

(6)A reference in this Act to a conviction for an offence includes a reference to a determination of guilt by a court for an offence whether or not the offender is dealt with for committing the offence by means of a sentence or order that is a conviction for any other purpose.

s 2 prev s 2 om 1 July 1995 RA s 37

pres s 2 amd 1990 No. 88 s 3 sch; 2002 No. 11 s 62 sch 1

3Act binds all persons

This Act binds all persons, including the State.

s 3 prev s 3 om 1991 No. 97 s 3 sch 1

pres s 3 sub 1997 No. 79 s 5

pt 2 hdg prev pt 2 hdg om 1997 No. 79 s 6

4Board

The entity called the Library Board of Queensland continues in existence.

s 4 prev s 4 om 1991 No. 97 s 3 sch 1

pres s 4 sub 1997 No. 79 s 7

5Legal status of board

The board—

(a)is a body corporate; and

(b)has perpetual succession; and

(c)has a common seal; and

(d)may sue and be sued in its corporate name.

s 5 amd 1991 No. 97 s 3 sch 1

sub 1997 No. 79 s 7

6Board’s relationship with State

The board represents the State.

s 6 sub 1997 No. 79 s 7

7Composition of board

(1)The board is to consist of the number of members appointed by the Governor in Council.

(2)In appointing a member, regard must be had to the person’s ability to contribute to the board’s performance and the implementation of its strategic and operational plans.

(3)A member must be appointed under this Act and not the Public Sector Act 2022.

s 7 prev s 7 om 1997 No. 79 s 6

pres s 7 sub 1997 No. 79 s 7

amd 2009 No. 25 s 83 sch; 2022 No. 34 s 365 sch 3

8Role of members

The role of the members includes the following—

(a)being responsible for the board’s management;

(b)ensuring, as far as possible, the board achieves, and acts in accordance with, its strategic and operational plans;

(c)accounting to the Minister for the board’s performance;

(d)ensuring the board otherwise performs its functions in a proper, effective and efficient way.

s 8 sub 1997 No. 79 s 7

9Eligibility for appointment

A person is not eligible for appointment as a member if the person is not able to manage a corporation because of the Corporations Act, Part 2D.6.

s 9 sub 1997 No. 79 s 7

amd 2001 No. 45 s 29 sch 3

10Chairperson and deputy chairperson of board

(1)The Governor in Council must appoint a member as chairperson of the board.

(2)The appointment may be made by the instrument appointing the person concerned as a member of the board.

(3)The members must elect one of them as deputy chairperson of the board.

(4)The members must act under subsection (3) whenever there is a vacancy in the office of deputy chairperson, including a vacancy occurring because the office has not been filled.

(5)The chairperson or deputy chairperson may resign as chairperson or deputy chairperson by signed notice given to the Minister.

(6)The chairperson or deputy chairperson may act under subsection (5) and remain a member.

s 10 sub 1997 No. 79 s 7

11Duration of appointment

(1)A member is appointed for the term (not more than 3 years) stated in the member’s instrument of appointment.

(2)The office of a member becomes vacant if—

(a)the member resigns by signed notice given to the Minister; or

(b)the person is not eligible to be appointed as a member; or

(c)the member’s appointment is ended under subsection (3).

(3)The Governor in Council may, at any time, end the appointment of all or any members for any reason or none.

s 11 amd R1 (see RA s 38)

sub 1997 No. 79 s 7

amd 2003 No. 66 s 5

12Conditions of appointment

(1)A member holds office on the conditions not provided for by this Act that are decided by the Governor in Council.

(2)Except as decided by the Governor in Council, a member is not entitled to receive any payment, interest in property or other valuable consideration or benefit—

(a)by way or remuneration as a member; or

(b)in connection with resignation from office, or other termination of office, as a member, chairperson or deputy chairperson.

s 12 sub 1997 No. 79 s 7

pt 2 div 2 hdg ins 1997 No. 79 s 3 sch 1

amd 2007 No. 20 s 14

13Appointment of State librarian

(1)There is to be a State librarian.

(2)The State librarian is to be appointed by the Governor in Council for the term, and on the conditions, stated in the instrument of appointment.

(3)The stated term must not be longer than 5 years.

s 13 sub 1996 No. 37 s 147 sch 2

amd 1997 No. 79 ss 8, 3 sch 1; 2007 No. 20 s 15

sub 2007 No. 53 s 8

13AMinister to obtain board’s approval

The Minister must not recommend the Governor in Council act under section 13(2) unless the recommendation has been approved by the board.

s 13A ins 2007 No. 53 s 8

13BState librarian is employee of the board

Despite section 13—

(a)the State librarian is an employee of the board and not of the State; and

(b)subject to the conditions of the State librarian’s appointment, the board may enter into a contract of employment with the librarian.

s 13B ins 2007 No. 53 s 8

14Duties of State librarian

The State librarian is, under the members, to manage the board.

s 14 ins 1997 No. 79 s 9

15State librarian to attend board meetings

(1)This section applies if the State librarian is not a member.

(2)The State librarian must attend all meetings of the board unless excused or precluded by the board.

s 15 ins 1997 No. 79 s 9

16Things done by State librarian

Anything done in the name of, or for, the board by the State librarian is taken to have been done by the board.

s 16 ins 1997 No. 79 s 9

17Delegation by State librarian

(1)The State librarian may delegate the librarian’s powers (including a power delegated to the librarian by the board) to—

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

(b)an appropriately qualified employee of the board.

(2)Subsection (1) has effect subject to any directions by the board.

s 17 prev s 17 om 1996 No. 37 s 147 sch 2

pres s 17 ins 1997 No. 79 s 9

amd 2007 No. 20 s 16

pt 2 div 3 hdg sub 1997 No. 79 s 3 sch 1

20Functions of board

(1)The functions of the board are—

(a)to promote the advancement and effective operation and coordination of public libraries of all descriptions throughout the State;

(b)to encourage and facilitate the use of public libraries of all descriptions throughout the State;

(c)to promote mutual cooperation among persons and bodies in Queensland responsible for libraries of all descriptions and between such persons and bodies in Queensland and outside Queensland in order to enhance library and archival collections generally and to encourage their proper use;

(d)to control, maintain and manage the State library, to enhance, arrange and preserve the library, archival and other resources held by it and to exercise administrative control over access to the resources;

(e)to control, manage and maintain all lands, premises and other property vested in or placed under the control of the board;

(f)to supervise in their duties all persons—

(i)performing work for the board under a work performance arrangement; or

(ii)appointed or employed under this Act;

(g)to collect, arrange, preserve and provide access to a comprehensive collection of library, archival and other resources relating to Queensland or produced by Queensland authors;

(i)to provide advice, advisory services and other assistance concerning matters connected with libraries to local governments or other public authorities;

(j)to perform the functions given to the board under another Act;

(k)to perform functions that are incidental, complementary or helpful to, or likely to enhance the effective and efficient performance of, the functions mentioned in paragraphs (a) to (j);

(l)to perform functions of the type to which paragraph (k) applies and which are given to the board in writing by the Minister.

(2)Before giving a function for subsection (1)(l), the Minister must consult with the board about the function.

(3)In performing its functions the board must have regard to the object of, and guiding principles for, this Act.

s 20 prev s 20 amd 1996 No. 37 s 147 sch 2

om 1997 No. 79 s 3 sch 1

pres s 20 amd 1997 No. 79 s 12; 2002 No. 11 s 62 sch 1; 2003 No. 66 s 6; 2007 No. 20 s 19

pt 2 div 4 hdg ins 1997 No. 79 s 13

21Objects of division

The objects of this division include—

(a)abolishing any application of the doctrine of ultra vires to the board; and

(b)ensuring the board gives effect to any restrictions on its functions or powers, but without affecting the validity of its dealings with outsiders.

s 21 sub 1997 No. 79 s 13

22General powers

(1)For performing its functions, the board has all the powers of an individual and may, for example—

(a)enter into arrangements, agreements, contracts and deeds; and

(b)acquire, hold, deal with and dispose of property; and

(c)engage consultants; and

(d)appoint agents and attorneys; and

(e)charge, and fix terms, for goods, services, facilities and information supplied by it; and

(f)do anything else necessary or desirable to be done in performing its functions.

(2)Without limiting subsection (1), the board has the powers given to it under this or another Act.

(3)The board may exercise its powers inside and outside Queensland, including outside Australia.

(4)In this section—

power includes legal capacity.

s 22 sub 1997 No. 79 s 13

23Directions by Minister

The board is subject to written directions of the Minister in exercising its powers.

s 23 sub 1997 No. 79 s 13

24Restrictions on powers of board

(1)Section 22 has effect in relation to the board subject to any restrictions expressly imposed under this or another Act.

(2)Section 22 also has effect in relation to the board subject to any restrictions expressly imposed by—

(a)any relevant strategic or operational plan of the board; and

(b)any relevant directions given to the board under section 23 by the Minister.

(3)The board contravenes this section if it—

(a)exercises a power contrary to a restriction mentioned in subsection (1) or (2); or

(b)does an act otherwise than in pursuance of its functions.

(4)The exercise of the power mentioned in subsection (3)(a), or the act mentioned in subsection (3)(b), is not invalid merely because of the contravention.

(5)An officer of the board who is involved in the contravention contravenes this subsection.

(6)An act of the officer is not invalid merely because, by doing the act, the officer contravenes subsection (5).

(7)The board or officer of the board is not guilty of an offence merely because of the relevant contravention.

(8)In this section—

officer, of the board, means—

(a)a member; or

(b)the State librarian; or

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

(d)an employee of the board.

restriction includes prohibition.

s 24 sub 1997 No. 79 s 13

amd 2007 No. 20 s 20

25Persons having dealings with board etc.

(1)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.

(2)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.

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

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

(b)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

(c)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

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

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

(ii)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

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

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

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

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

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

(a)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

(b)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.

(6)In this section—

officer, of the board, means—

(a)a member; or

(b)the State librarian; or

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

(d)an employee of the board.

s 25 amd 1994 No. 81 s 527 sch 5

sub 1997 No. 79 s 13

amd 2007 No. 20 s 21

26Branches

(1)The board may establish branches of the State Library.

(2)However, the board may not contract with someone else to establish a branch without the approval of the Governor in Council.

s 26 sub 1997 No. 79 s 13

27Grants or subsidies to local government

The board may not make a grant or give a subsidy to a local government without the approval of the Minister.

s 27 sub 1997 No. 79 s 13

28Disposal of abandoned property

(1)This section applies if any property—

(a)is found on any building or other place consisting of the State Library or a branch of the State Library; and

(b)there are reasonable grounds for suspecting the property has been abandoned by the person who last used it; and

(c)the property is unclaimed after 4 months.

(2)The board may sell the property by public auction.

(2A)If the board sells the property, the proceeds of sale must be applied in the following order—

(a)in payment of the reasonable expenses incurred in storing and selling the property;

(b)if there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth)—in payment of the amount owing under the security interest;

(c)the balance to be used by the board in performing its functions.

(3)Despite subsection (2), if the board considers on reasonable grounds that, because of the property’s value, it is not viable to sell it, the board may dispose of the property in another way.

(4)Despite subsection (2), if the board considers on reasonable grounds that the property is in a dangerous condition or unfit for use for the purpose for which it was intended to be used, the board may cause it to be destroyed.

s 28 ins 1997 No. 79 s 13

amd 2010 No. 44 s 199

29Board must give notice of public auction of property

(1)Before the board sells any property under section 28 it must first publish a notice in a daily newspaper circulating generally in the State.

(2)The notice must—

(a)identify the property; and

(b)state the property is to be sold by auction; and

(c)state how the person entitled to the property may recover it before the auction; and

(d)state the time and place of the auction.

s 29 ins 1997 No. 79 s 13

30Effect of sale or other disposal of property

(1)This section applies to the sale or other disposal of property under section 28.

(2)The sale or other disposal is valid against all persons.

(3)A secured party can not enforce any security interest in the property or the proceeds of sale against—

(a)the board; or

(b)an entity to whom an amount is paid or payable under section 28(2A)(a); or

(c)an entity to whom the property is sold.

(4)Compensation is not recoverable against the board for the sale or other disposal.

(5)In this section—

secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth), section 10.

security interest has the meaning given by the Personal Property Securities Act 2009 (Cwlth), section 12.

s 30 ins 1997 No. 79 s 13

amd 2001 No. 71 s 551 sch 1; 2010 No. 44 s 200

31Conduct of business

Subject to this Act, the board shall conduct its business and proceedings at meetings in such manner as it determines from time to time.

s 31 amd 1997 No. 79 s 14

32Quorum

(1)A quorum of the board shall consist of a majority of the total number of members for the time being holding office.

(2)A duly convened meeting of the board at which a quorum is present shall be competent to transact any business of the board and may perform the functions and exercise the powers of the board.

s 32 amd 1997 No. 79 s 3 sch 1

33Presiding at meetings

(1)The chairperson is to preside at all meetings at which the chairperson is present.

(2)If the chairperson is not present at a meeting, the deputy chairperson is to preside.

(3)If both the chairperson and deputy chairperson are not present at a meeting, the member chosen by the members present at the meeting is to preside.

s 33 sub 1997 No. 79 s 15

34Meetings

(1)The board may hold its meetings where and when it decides.

(2)The board may hold meetings, or allow members to take part in meetings, by telephone, video link or another form of communication that allows reasonably contemporaneous and continuous communication between the members taking part in the meeting.

(3)A member who takes part in a meeting under subsection (2) is taken to be present at the meeting.

s 34 sub 1997 No. 79 s 15

35Resolutions without meeting

(1)If at least a majority of members sign a document containing a statement that they are in favour of a resolution set out in the document, a resolution in those terms is taken to have been passed at a meeting of the board held on the day on which the document is signed or, if the members do not sign it on the same day, the day on which the last of the members constituting the majority signs the document.

(2)If a resolution is, under subsection (1), taken to have been passed at a meeting of the board, each member must be immediately advised of the matter and given a copy of the terms of the resolution.

(3)For subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by 1 or more members, are taken to constitute a single document.

s 35 ins 1997 No. 79 s 15

36Minutes

The board must keep minutes of its proceedings.

s 36 ins 1997 No. 79 s 15

37Conduct of affairs

(1)The board shall perform a function or exercise a power by the majority vote of its members present at a meeting and voting on the business in question.

(2)A member who, being present at a meeting and entitled to vote, abstains from voting shall be taken to have voted for the negative.

(3)The person who is duly presiding at a meeting of the board, if the person is entitled to vote, shall have a deliberative vote and, in the event of an equality of votes, a casting vote.

s 37 prev s 37 om 1997 No. 79 s 16

pres s 37 amd 1997 No. 79 s 3 sch 1

38Disclosure of interests by members

(1)If a member has a direct or indirect interest in a matter being considered, or about to be considered, by the board, the member must disclose the nature of the interest to a meeting of the board as soon as practicable after the relevant facts come to the member’s knowledge.

Maximum penalty—100 penalty units.

(2)The disclosure must be recorded in the board’s minutes.

s 38 sub 1997 No. 79 s 16

39Voting by interested member

(1)A member who has a material personal interest in a matter that is being considered by the board must not—

(a)vote on the matter; or

(b)vote on a proposed resolution under subsection (2) (a related resolution) in relation to the matter (whether in relation to the member or another member); or

(c)be present while the matter, or a related resolution, is being considered by the board; or

(d)otherwise take part in any decision of the board in relation to the matter or a related resolution.

Maximum penalty—100 penalty units.

(2)Subsection (1) does not apply to the matter if the board has at any time passed a resolution that—

(a)specifies the member, the interest and the matter; and

(b)states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.

(3)If, because of this section a member is not present at a meeting of the board for considering or deciding a matter, but there would be a quorum if the member were present, the remaining members present are a quorum for considering or deciding the matter at the meeting.

s 39 sub 1997 No. 79 s 16

40Delegation by board

The board may, by resolution, delegate its powers to—

(a)a member; or

(b)a committee of members; or

(c)the State librarian; or

(d)an appropriately qualified employee of a department or another government entity performing work for the board under a work performance arrangement; or

(e)an appropriately qualified employee of the board.

s 40 sub 1997 No. 79 s 16

amd 2007 No. 20 s 22

pt 2 div 6 hdg ins 2007 No. 20 s 23

40ABoard may enter into work performance arrangements

(1)The board may enter into, and give effect to, a work performance arrangement with—

(a)the chief executive of a department; or

(b)the appropriate authority of another government entity.

(2)A work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.

(3)For example, a work performance arrangement may provide for—

(a)the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and

(b)the authorising of a person to exercise powers for the arrangement; and

(c)whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.

(4)A person performing work for the board under a work performance arrangement entered into under subsection (1)—

(a)is not employed by the board; and

(b)remains an employee of the department or other government entity whose appropriate authority is a party to the arrangement.

(5)To remove any doubt, it is declared that the board does not have power to employ a person performing work for the board under a work performance arrangement entered into under subsection (1).

s 40A ins 2007 No. 20 s 23

40BSuperannuation schemes

The board may—

(a)establish and maintain, or amend, superannuation schemes; or

(b)join in establishing and maintaining, or amending, superannuation schemes; or

(c)take part in superannuation schemes.

s 40B (prev s 19) ins 1997 No. 79 s 11

renum and reloc 2007 No. 20 s 18

pt 3 hdg ins 1997 No. 79 s 18

pt 3 div 4 hdg prev pt 3 div 4 hdg om 1997 No. 79 s 17

pt 3 div 1 hdg ins 1997 No. 79 s 18

41How pt 3 applies if offices of Minister and Treasurer are held by the 1 person

(1)This section applies if, under a provision of this part, a thing is required to be done by or in relation to the Minister and the Treasurer and the Minister is the Treasurer.

(2)The provision is satisfied if the thing is done by or in relation to the Minister.

s 41 prev s 41 amd 1997 No. 17 s 74 sch

om 1997 No. 79 s 17

pres s 41 ins 1997 No. 79 s 18

42Part additional to standard

(1)This part is additional to and does not derogate from the standard.

(2)However, if there is an inconsistency between this part and the standard, this part prevails to the extent of the inconsistency.

(3)Also, if something is required to be done under this part and the same thing, or something to the same effect, is required to be done under the standard, compliance with this part is sufficient compliance with the standard.

s 42 prev s 42 om 1997 No. 79 s 17

pres s 42 ins 1997 No. 79 s 18

pt 3 div 2 hdg ins 1997 No. 79 s 18

43Draft strategic and operational plans

(1)The board must prepare and submit to the Minister for the Minister’s agreement, draft strategic and operational plans for the board not later than 2 months before the start of each financial year.

(2)In preparing the draft plans the board must consult with the Minister.

(3)The board must give copies of the draft plans to the Treasurer at the same time as it gives the plans to the Minister.

(4)The draft plans must—

(a)be in the form approved by the Minister; and

(b)provide for the things that a strategic plan and an operational plan for the board must provide for under the standard or this part; and

(c)be accompanied by—

(i)a statement of resource implications, and major policy changes, resulting from the proposed plan; and

(ii)any budget documents the board has prepared for the State’s funding of the board.

(5)The board and the Minister must try to reach agreement on the draft plans as soon as possible and in any event not later than 1 month before the start of the financial year.

s 43 prev s 43 om 1997 No. 79 s 17

pres s 43 ins 1997 No. 79 s 18

amd 2003 No. 66 s 7; 2004 No. 53 s 2 sch

44Special procedures for draft strategic and operational plans

(1)The Minister may return the draft strategic and operational plans to the board and ask it—

(a)to consider, or further consider, anything and deal with the thing in the draft plans; and

(b)to revise the draft plans in the light of its consideration or further consideration.

(2)The board must comply with the request as a matter of urgency but subsection (1) does not require the board to amend the draft plans.

(3)If the draft plans have not been agreed to by the Minister by 1 month before the start of the financial year, the Minister may by written notice, direct the board—

(a)to take specified steps in relation to the draft plans or either of them; or

(b)to make specified modifications of the draft plans or either of them.

(4)The board must immediately comply with the direction and include a copy of the direction in the plans or plan concerned.

(5)The Minister may act under subsection (1) or (3) for a thing having resource implications for the board that are likely to require additional funding by the State only if the Minister has consulted with the Treasurer about the implications.

s 44 prev s 44 om 1997 No. 79 s 17

pres s 44 ins 1997 No. 79 s 18

45Strategic and operational plans on agreement

(1)When the draft strategic and operational plans have been agreed to in writing by the Minister, they become the board’s strategic and operational plans for the relevant financial year.

(2)However, the Minister may not agree to the plans for subsection (1) until Parliament appropriates amounts for the department for the relevant financial year.

s 45 prev s 45 om 1997 No. 79 s 17

pres s 45 ins 1997 No. 79 s 18

46Strategic and operational plans pending agreement

(1)This section applies if the Minister and the board have not agreed to draft strategic and operational plans before the start of the relevant financial year.

(2)The draft plans submitted, or last submitted, by the board to the Minister before the start of the financial year, with any modifications made by the board, whether before or after that time, at the direction of the Minister, are taken to be the board’s strategic and operational plans.

(3)Subsection (2) applies until draft strategic and operational plans become the board’s strategic and operational plans under section 45.

s 46 prev s sub 1996 No. 54 s 9 sch

46 om 1997 No. 79 s 17

pres s 46 ins 1997 No. 79 s 18

47Modifications of strategic and operational plans

(1)The board may modify its strategic or operational plan only with the written agreement of the Minister.

(2)The Minister may, by written notice, direct the board to modify its strategic or operational plan.

(3)The Minister may act under subsection (1) or (2) for a modification having resource implications for the board that are likely to require additional funding by the State only if the Minister has consulted with the Treasurer about the modification.

s 47 prev s 47 om 1997 No. 79 s 17

pres s 47 ins 1997 No. 79 s 18

48State’s agreed triennial funding

The board’s strategic plan must include the State’s agreed funding proposals for the board for the period covered by the plan or, if the period is more than 3 years, the first 3 years.

s 48 prev s 48 om 1997 No. 79 s 17

pres s 48 ins 1997 No. 79 s 18

49Elements of operational plans

The board’s operational plan must include the following—

(a)targets for, and ways of measuring, outputs the board intends to supply;

(b)identification of the outputs that are not in the board’s commercial interests to supply;

(c)identification of the outputs intended to be funded by amounts appropriated by Parliament for the department, or by other grants to the board;

(d)identification of any outputs intended to be funded from the board’s commercial and fundraising activities;

(e)an outline of the nature and scope of activities, including commercial and fundraising activities, the board proposes to undertake;

(f)an outline of the major investments and borrowings the board intends to make;

(g)an outline of the board’s risk management policies and procedures;

(h)an outline of the main undertakings proposed by the board.

s 49 prev s 49 om 1997 No. 79 s 17

pres s 49 ins 1997 No. 79 s 18

50Information systems and physical assets strategic plans

The board’s information systems and physical assets strategic plans under the standard must be included in the board’s strategic plan.

s 50 prev s 50 om 1997 No. 79 s 17

pres s 50 ins 1997 No. 79 s 18

pt 4 hdg ins 1997 No. 79 s 18

51Board to keep Minister informed

(1)The board must—

(a)keep the Minister reasonably informed of the board’s operations including its financial and operational performance and the achievement of its goals; and

(b)give to the Minister reports and information that the Minister requires to enable the Minister to make informed assessments of matters mentioned in paragraph (a); and

(c)if matters arise that in the board’s opinion may prevent, or significantly affect, achievement of its goals under its strategic plan or significantly affect its performance in delivering the outputs under its operational plan—immediately inform the Minister of the matters and its opinion about them.

(2)Subsection (1) does not limit the matters of which the board is required to keep the Minister informed, or limit the reports or information that the board is required, or may be required, to give to the Minister, by another Act.

s 51 ins 1997 No. 79 s 18

52Monitoring and assessment of board

(1)The Minister may ask an appropriately qualified officer of the department or another appropriately qualified person to investigate, and report to the Minister on, any matter relating to the board.

(2)The person may give written directions to the board for the investigation.

(3)Without limiting subsection (2), the person may direct the board—

(a)to give to the person any information about the board that the person considers necessary or desirable in connection with the investigation; and

(b)to permit other persons authorised by the person to have access to specified records and other documents about the board that the person considers necessary or desirable in connection with the investigation; and

(c)to take steps the person considers necessary or desirable for the investigation.

(4)The board must ensure that any direction given to it under this section is complied with.

(5)Before reporting on the investigation to the Minister, the person must consult with the board about the report.

s 52 ins 1997 No. 79 s 18

pt 5 hdg ins 1997 No. 79 s 18

53Annual report

The board’s annual report under the Financial Accountability Act 2009 must include—

(a)a summary of the operational plan for the relevant financial year; and

(b)a summary of any modifications of the operational plan during the relevant financial year; and

(c)particulars of any directions given to the board by the Minister that relate to the relevant financial year; and

(d)particulars of the impact on the financial position of the board of any modifications of the operational plan, and any directions given to the board by the Minister, that relate to the relevant financial year.

s 53 ins 1997 No. 79 s 18

amd 2009 No. 9 s 136 sch 1

54Library facilities a function of local government

A local government may establish, maintain and conduct a library facility as a function of local government and the provisions of the Local Government Act 2009, the City of Brisbane Act 2010 and any other Act or law shall apply and have effect accordingly.

s 54 amd 2009 No. 17 s 331 sch 1; 2010 No. 23 s 352 sch 1

55Library committees

(1)It shall be competent to—

(a)a local government that establishes, maintains and conducts a library facility; and

(b)a local government that has entered into an agreement with another local government for the joint use or benefit of a library facility;

to appoint a library committee consisting of persons who are members of the local government, and such other persons as it thinks fit.

(2)A library committee so appointed shall maintain and conduct the library facility subject to the local government that appoints it and shall discharge such functions, exercise such powers and perform such duties on behalf of the local government as the local government (which is hereby authorised so to do) by resolution directs they should.

(3)The power of a local government to make local laws under the Local Government Act 2009, and the power of Brisbane City Council under the City of Brisbane Act 2010 to make local laws includes the power to make all such local laws in respect of a library committee appointed under this Act, as may be necessary or desirable including for or with respect to—

(a)the powers, function and duties of the library committee; and

(b)the terms and conditions of appointment of members of the library committee and the conduct of its business; and

(c)the control, management and conduct of the library facility.

s 55 amd 2009 No. 17 s 331 sch 1; 2012 No. 33 s 192 sch

68Delivery of published material to State and Parliamentary libraries

A person who publishes in Queensland to the general public material to which this part applies must, at the person’s own expense, give a copy of the material to the board, and to the librarian of the Parliamentary library, within 1 month after publication.

Maximum penalty—20 penalty units.

s 68 sub 1997 No. 79 s 19

69Receipt to be given

(1)The State librarian must give a receipt for material given to the board under section 68, and the librarian of the Parliamentary library must give a receipt for material given to the librarian under the section.

(2)For a periodical publication, it is enough if a receipt is given for copies of the publication once a year.

s 69 sub 1997 No. 79 s 19

70Which material to be delivered

(1)This part applies to—

(a)a book, or a part or division of a book;

(b)a newspaper, magazine, journal or pamphlet;

(c)a map, plan, chart or table;

(d)printed music;

(e)a film, tape, disk or other like instrument or thing supplied to the general public and designed to reproduce visual images, sound or information;

but does not include an edition of any material that does not differ from a former edition that has been delivered as required by section 68.

(2)A reference in section 68 to a copy of the material to which this part applies, where the material is published in various forms of differing quality, is a reference to a copy of the finest quality.

(3)A copy of material shall not be taken to be finer than another by reason only that the firstmentioned copy is numbered and signed by the author.

71Continuing duty to comply

(1)Where a court convicts a person of an offence against section 68, in addition to any penalty it may impose or other order it may make, it shall order the person to deliver the material in question as required by that section, if the person has not already done so, in accordance with such directions as it thinks fit and states in the order.

(2)The person must comply with the order, unless the person has a reasonable excuse for not complying with it.

Maximum penalty for subsection (2)—20 penalty units.

s 71 amd 1997 No. 79 s 3 sch 1

72Exemptions

(1)The State librarian may exempt a person from section 68 in relation to the board for all or stated material.

(2)The librarian of the Parliamentary library may exempt a person from section 68 in relation to the Parliamentary library for all or stated material.

s 72 prev s 72 om 1997 No. 79 s 3 sch 1

pres s 72 sub 1997 No. 79 s 20

73Effect on property rights

Upon delivery of material to which the part applies in compliance with this part, the material shall become the property of the Crown and, in the case of material delivered to the State librarian, the property of the board.

s 73 amd 1997 No. 79 s 3 sch 1

74Delegation by Minister

(1)The Minister may delegate the Minister’s powers under this Act to an appropriately qualified officer of the department.

(2)However, the Minister may not delegate any of the following powers—

(a)the power to give the board a function for section 20(1)(l);

(b)the power to direct the board under sections 23, 44(3) and 47(2);

(c)the power to agree in writing to, and agree in writing to modifications of, the board’s strategic and operational plans;

(d)the power to ask a person to investigate and report under section 52(1).

s 74 sub 1997 No. 79 s 21

75Protection from liability of members

(1)A member is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.

(2)If subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the board.

(3)This section is subject to section 76.

s 75 ins 1997 No. 79 s 21

76Illegal borrowing

(1)Subsection (2) applies if the board borrows an amount that it is not authorised to borrow under an Act.

(2)The members who consented to the borrowing are jointly and severally liable to repay the amount, and any interest on it, to the person from whom it was borrowed and the person may recover the amount and interest by action as for a debt in a court of competent jurisdiction.

(3)Subsection (4) applies if an amount is appropriated from the board’s moneys to repay an amount mentioned in subsection (1) or interest on the amount.

(4)The members who consented to the appropriation are jointly and severally liable to refund the amount, together with interest on the amount at a rate decided by the Treasurer, and the Treasurer may recover the amount and interest by action as for a debt in a court of competent jurisdiction.

(5)If the Treasurer brings an action under subsection (4)—

(a)the Treasurer is entitled to costs as between solicitor and client; and

(b)any amount recovered must be paid to the board.

(6)Subsection (2) does not apply to a member if, at the time the member consented to the borrowing, the member believed on grounds that were reasonable in all the circumstances that the board was authorised under an Act to borrow the amount.

(7)Subsection (4) does not apply to a member if—

(a)subsection (2) does not apply to the member because of subsection (6); or

(b)the member did not consent to the borrowing.

s 76 prev s 76 ins 1997 No. 79 s 25

om 19 December 1997 RA s 37

pres s 76 ins 1997 No. 79 s 21

77Application of certain Acts

(1)The board is a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982.

(2)The Statutory Bodies Financial Arrangements Act 1982, part 2B, sets out the way in which the board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982.

s 77 ins 1997 No. 79 s 21

amd 2009 No. 9 s 136 sch 1

78Application of rule against perpetuities

For the application of the rule against perpetuities to gifts to the board, the board’s purposes are taken to be charitable.

s 78 ins 1997 No. 79 s 21

80State Library etc. taken to be public place

(1)This section applies for any Act conferring or imposing on a police officer powers or functions in respect of a public place or providing for offences committed in a public place.

(2)A building or another place consisting of the State Library or a branch of the State Library is taken to be a public place.

(3)Subsection (2) must not be construed to prevent or limit the imposition by the board of conditions of entry for the building or other place.

s 80 ins 1997 No. 79 s 21

81Inspection of material or receptacle brought onto board’s premises

(1)The purpose of this section is to stop the unauthorised removal of library material from the board’s premises.

(2)This section applies if—

(a)a person brings onto the board’s premises any material in the nature of library material or a receptacle that may contain library material; and

(b)an officer of the board asks the person to allow the officer to inspect the material or receptacle.

(3)The person must allow the officer to inspect the material or receptacle unless the person has a reasonable excuse.

Maximum penalty for subsection (3)—5 penalty units.

(4)An officer may exercise a power under subsection (2)(b) only if the officer—

(a)first produces his or her approved identity card for inspection by the person; or

(b)has his or her approved identity card displayed so that it is clearly visible to the person.

(5)In this section—

approved identity card, for an officer of the board, means an identity card approved by the board that—

(a)contains a recent photograph of the officer; and

(b)identifies the person as an officer of the board.

inspect includes open.

officer, of the board, means—

(a)the State librarian; or

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

(c)an employee of the board.

s 81 ins 1997 No. 79 s 21

amd 2007 No. 20 s 24

82Board’s seal

(1)The board’s seal is to be kept in the custody directed by the board and may be used only as authorised by the board.

(2)The attaching of the seal to a document must be witnessed by—

(a)2 or more members; or

(b)at least 1 member and the State librarian; or

(c)a member or the State librarian, and 1 or more other persons authorised by the board.

s 82 ins 1997 No. 79 s 21

83Authentication of documents

A document made by the board (other than a document that is required by law to be sealed) is sufficiently authenticated if it is signed by—

(a)the chairperson; or

(b)the State librarian; or

(c)a person authorised to sign the document by—

(i)resolution of the board; or

(ii)direction of the State librarian.

s 83 ins 1997 No. 79 s 21

84Reward for information

(1)The board may offer and pay a reward to any person who gives information to the board relating to any offence that the board believes or suspects has been committed in respect of the property of the board or in respect of property in its possession.

(2)If a person is found guilty of an offence referred to in subsection (1), the court before which the proceedings are heard, in addition to any penalty it may impose or other order it may make, may order the person to pay to the board the amount of any reward the board has paid or has contracted to pay for information in relation to the offence in question.

(3)The amount so ordered to be paid, if unpaid, shall be recoverable by the board by action as for a debt in any court of competent jurisdiction.

(4)Subsection (2) applies whether or not a conviction is recorded.

s 84 amd 1997 No. 79 ss 22, 3 sch

85Proceedings for offences

A proceeding for an offence under this Act may be instituted summarily under the Justices Act 1886.

s 85 sub 1997 No. 79 s 23

86Evidence

(1)For the purposes of any proceedings for an offence against this Act—

(a)the authority of the complainant to make a complaint shall be presumed unless the contrary is proved;

(b)a statement in a complaint stating when it was that the commission of the offence came to the knowledge of the complainant shall be evidence thereof and in the absence of evidence to the contrary, conclusive evidence thereof.

(2)In any proceedings for an offence in respect of property committed at a time when the board was in possession of, or entitled to possession of, the property, it shall be sufficient to allege ownership thereof in the board if it is material to prove ownership of the property.

s 86 amd 1997 No. 79 s 3 sch 1; 2002 No. 11 s 62 sch 1

87Regulation-making power

The Governor in Council may make regulations under this Act.

s 87 amd 1 July 1995 RA s 39

sub 1997 No. 79 s 24

pt 10 hdg prev pt 10 hdg ins 1997 No. 79 s 25

exp 19 December 2002 (see s 90)

pres pt 10 hdg ins 2003 No. 66 s 8

pt 10 div 1 hdg ins 2007 No. 20 s 25

88Definition for div 1

In this division—

commencement means commencement of this section.

s 88 prev s 88 ins 1997 No. 79 s 25

exp 19 December 2002 (see s 90)

pres s 88 ins 2003 No. 66 s 8

amd 2007 No. 20 s 26

89Duration of certain appointments

(1)This section applies to a person who was a member of the board immediately before the commencement.

(2)Despite section 11(1), the person’s appointment as a member continues until the day the appointment would have ended under this Act as in force immediately before the commencement, unless earlier ended under section11(3).

s 89 prev s 89 ins 1997 No. 79 s 25

exp 19 December 2002 (see s 90)

pres s 89 ins 2003 No. 66 s 8

pt 10 div 2 hdg ins 2007 No. 20 s 27

90Rights and entitlements of particular employees

(1)This section applies to a person who—

(a)becomes a public service employee; and

(b)was an employee of the board—

(i)immediately before the commencement of this section; and

(ii)immediately before becoming a public service employee.

(2)On becoming a public service employee—

(a)the person keeps all rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, that—

(i)have accrued or were accruing to the person as an employee of the board; and

(ii)would have accrued to the person if the board had never become an employer under the Workplace Relations Act 1996 (Cwlth); and

(b)if the person is a member of a superannuation scheme—

(i)the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and

(ii)the person’s membership of the scheme is not affected.

(3)Without limiting subsection (2), for working out the person’s rights and entitlements, including entitlements to receive long service, recreation and sick leave and any similar entitlements, employment of the person as a public service employee is a continuation of employment of the person by the board.

s 90 prev s 90 ins 1997 No. 79 s 25

exp 19 December 2002 (see s 90)

pres s 90 ins 2007 No. 20 s 27

91Non-application of Industrial Relations Act 1999, s 167

For the purpose of the Industrial Relations Act 1999, section 167, a department or public service office does not become the successor of any part of the business of the board only because the department or public service office becomes the employer of persons previously employed by the board.

s 91 ins 2007 No. 20 s 27

92Amending Act does not affect particular powers of board

Nothing in the Statutory Bodies Legislation Amendment Act 2007, part 3, affects the powers of the board under section 22.

s 92 ins 2007 No. 20 s 27

93Continued application of repealed s 18

(1)Section 18, as in force immediately before the commencement of this section, continues to apply in relation to persons employed by the board under the section immediately before the commencement while that employment continues.

(2)This section does not limit section 92.

s 93 ins 2007 No. 20 s 27

94Application of Act to particular officers

(1)This section applies to a person who—

(a)immediately before the commencement of this section, was an officer mentioned in section 13(3) as in force immediately before that commencement; and

(b)on the commencement, continues to perform work for the board.

(2)For sections 17, 20, 24, 25, 40 and 81, until the chief executive of the department enters into a work performance arrangement with the board the person is taken to be an employee of a department or other government entity performing work for the board under a work performance arrangement.

(3)If, immediately before the commencement of this section, a delegation of a power to the person was in force under section 17 or 40, as the section was in force immediately before the commencement, the delegation continues in force until it is revoked.

s 94 ins 2007 No. 20 s 27

pt 10 div 3 hdg ins 2007 No. 53 s 9

95Definitions for div 3

In this division—

commencement means the commencement of the provision in which the term is used.

current appointment, of the present librarian, means the librarian’s appointment by the Governor in Council under the pre-amended Act, section 13(1), on 3 August 2006.

current conditions see section 96(1).

pre-amended Act means this Act as in force before the commencement.

present librarian means the person holding office as the State librarian at the commencement.

s 95 ins 2007 No. 53 s 9

96Conditions on which present librarian holds office

(1)Subject to this division, the present librarian continues to hold the office on the conditions (the current conditions) applying under the pre-amended Act, section 13(2), immediately before the commencement.

(2)The present librarian’s current appointment ends and the librarian ceases holding the office—

(a)if paragraph (b) does not apply, at the end of 15 October 2009; or

(b)if the librarian’s term of office is extended past that date under the current conditions, at the end of 14 October 2011.

(3)Subsection (2) does not prevent the present librarian ceasing to hold the office at an earlier time under the current conditions or those conditions as amended.

(4)If the present librarian ceases to hold the office under subsection (3), the librarian’s current appointment also ends.

s 96 ins 2007 No. 53 s 9

97Current conditions may be amended

(1)The board may, with the Governor in Council’s approval, amend the current conditions.

(2)However, subject to section 96(3), the conditions can not be amended in a way that would interfere with the operation of section 96(2).

s 97 ins 2007 No. 53 s 9

98No compensation payable

Compensation may not be claimed by, and is not payable to, the present librarian, whether under the current conditions, those conditions as amended or otherwise, because of the operation of section 96(2).

s 98 ins 2007 No. 53 s 9

sch amd 1993 No. 76 s 3 sch 1

om 2003 No. 19 s 3 sch