{"id":"association-blind-braille-and-talking-book-library-act-1993","name":"Association for the Blind (Braille and Talking Book Library) Act 1993","slug":"association-for-the-blind-braille-and-talking-book-library-act-1993","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173252,"registerId":"vic-association-blind-braille-and-talking-book-library-act-1993-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Association for the Blind (Braille and Talking Book Library) Act 1993","content":"Version No. 003\n\n**Association for the Blind (Braille and Talking Book Library) Act 1993**\n\n**No. 85 of 1993**\n\nVersion incorporating amendments as at  \n1 June 2019\n\n**table of provisions**\n\n*Section Page*\n\n1 Purpose 1\n\n2 Commencement 1\n\n3 Definitions 2\n\n4 Future gifts and dispositions 2\n\n5 Past gifts and dispositions 3\n\n6 Application of sections 4 and 5 3\n\n7 Act has precedence 4\n\nEndnotes 5\n\n1 General information 5\n\n2 Table of Amendments 7\n\n3 Amendments Not in Operation 8\n\n4 Explanatory details 9\n\n**Version No.** **003**\n\n**Association for the Blind (Braille and Talking Book Library) Act 1993**\n\n**No. 85 of 1993**\n\nVersion incorporating amendments as at  \n1 June 2019\n\n**Preamble**\n\nThe Association for the Blind Ltd and the Braille and Talking Book Library, having determined that it was in the interests of each of them and of blind and visually impaired people in Victoria, integrated the library services provided by the Braille and Talking Book Library with the general services of the Association for the Blind Ltd.\n\nTo that end, the Association for the Blind Ltd and the Braille and Talking Book Library merged and the Association for the Blind Ltd now provides the library services previously provided by the Braille and Talking Book Library.\n\nIt is desirable to make provision for gifts or other dispositions which have been made in favour of the Braille and Talking Book Library to be construed in favour of the Association for the Blind Ltd.\n\n**The Parliament of Victoria enacts as follows:**\n\n\t1 Purpose\n\nThe purpose of this Act is to provide that gifts and other dispositions made in favour of the Braille and Talking Book Library are construed as gifts and dispositions to the Association for the Blind Ltd.\n\n\t2 Commencement\n\nThis Act comes into operation on the day on which it receives the Royal Assent.\n\n\t3 Definitions\n\nIn this Act—\n\nS. 3 def. of *Association* amended by No. 44/2001 s. 3(Sch. item 6).\n\n***Association*** means the Association for the Blind Ltd, being a company limited by guarantee within the meaning of the Corporations Act;\n\nS. 3 def. of *Library* amended by No. 44/2001 s. 3(Sch. item 6).\n\n***Library*** means the Braille and Talking Book Library being a company limited by guarantee within the meaning of the Corporations Act;\n\n***merger date*** means 4 October 1990;\n\n***property*** includes—\n\n(a) any interest in real or personal property; and\n\n(b) choses in action;\n\n***will*** includes a codicil or any other testamentary disposition.\n\n\t4 Future gifts and dispositions\n\nIf—\n\n(a) before, on or after the commencement of this Act—\n\n(i) a gift, disposition or trust of property is made or declared or is deemed to have been made or declared; or\n\n(ii) a trust fund is created—\n\n(whether by deed, will or otherwise) to, in favour of, for the use of, or for the purposes of the Library; and\n\n(b) the gift, disposition, trust or trust fund takes effect, or may take effect, or the trust fund may be applied, on or after the commencement of this Act—\n\nthe gift, disposition, trust or trust fund does not fail only because of the merger of the Library and the Association but—\n\n(c) in the case of a gift, disposition, or trust of property, takes effect as if made or declared to or in favour of the Association for a purpose of the Association which corresponds with or is similar to a purpose of the Library for which it was declared; or\n\n(d) in the case of a trust fund, may be applied as if created in favour of the Association for a purpose of the Association which corresponds with or is similar to a purpose of the Library for which the fund was created.\n\n\t5 Past gifts and dispositions\n\nIf, before the commencement of this Act, but on or after the merger date, a gift, disposition, trust of property or trust fund in favour of the Library has been treated as having taken effect, or has been applied in favour of, or for the use of, or for the purposes of the Association, then the gift, disposition, trust of property or trust fund—\n\n(a) does not fail and must be taken never to have failed because of that fact; and\n\n(b) is deemed to be and always to have been as valid and effectual as if, when it was made and since then section 4 were in operation.\n\n\t6 Application of sections 4 and 5\n\nSections 4 and 5 apply to a gift, disposition, trust or trust fund created by will, deed or any other document, whenever executed.\n\n\t7 Act has precedence\n\nThe provisions of this Act have effect despite anything to the contrary in any Act, instrument or rule of law.\n\n  \n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Council: 6 October 1993*\n\n*Legislative Assembly: 21 October 1993*\n\nThe long title for the Bill for this Act was \"A Bill to provide for the construction of gifts and dispositions of property made in favour of the Braille and Talking Book Library and for other purposes.\".\n\nThe **Association for the Blind (Braille and Talking Book Library) Act 1993** was assented to on 3 November 1993 and came into operation on 3 November 1993.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Association for the Blind (Braille and Talking Book Library) Act 1993** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Corporations (Consequential Amendments) Act 2001, No. 44/2001**\n\n| Assent Date: | 27.6.01 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. item 6) on 15.7.01: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Association for the Blind (Braille and Talking Book Library) Act 1993** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: ensuring gifts and dispositions made to the Braille and Talking Book Library remain valid after its merger with the Association for the Blind Ltd. The only amendments since 1993 have been technical updates to reflect changes in corporate law (the Corporations Act references in 2001), without expanding the substantive scope."},"complexity_factors":["Only 7 operative sections (excluding endnotes and tables)","Minimal defined terms (4 key definitions: Association, Library, merger date, property, will)","Simple conditional structure using basic 'if-then' logic without nesting","No cross-references to other legislation except standard Corporations Act references in definitions","Single purpose legislation with no exceptions to exceptions","Straightforward temporal application (past, present, and future gifts covered in separate but clear sections)","No regulatory powers, delegated legislation, or administrative procedures"],"plain_english_summary":"**What this law does:**\n\nThis Act fixes a legal technicality that arose when two Victorian charities merged. In 1990, the **Braille and Talking Book Library** (which provided audiobooks and Braille materials to blind and visually impaired people) merged with the **Association for the Blind Ltd** (a broader disability services organisation).\n\n**The problem it solves:**\n\nWhen the two organisations merged, there was a risk that gifts, bequests, and trusts left to the \"Braille and Talking Book Library\" in people's wills or legal documents might become invalid or fail, because that specific organisation technically no longer existed as a separate entity.\n\n**What the law ensures:**\n\n- **Future gifts:** Any gift, trust, or bequest made to the Braille and Talking Book Library (whether before or after this Act) now automatically takes effect as if it were made to the Association for the Blind Ltd, provided the purpose is similar.\n- **Past gifts:** Gifts that were already given or applied to the Association between the merger date (4 October 1990) and when this Act started are deemed valid and always have been valid.\n- **Universal application:** This applies regardless of when a will or legal document was written, and overrides any other law that might say otherwise.\n\n**Who it affects:**\n\n- People who left or want to leave money or property to \"the Braille and Talking Book Library\" in their wills\n- The Association for the Blind Ltd (now known as Vision Australia), which can legally receive and use these gifts\n- Executors of estates and trustees handling these bequests\n\n**Why it matters:**\n\nWithout this law, charitable donations intended to help blind and visually impaired Victorians access reading materials could have been caught in legal limbo or failed entirely, potentially depriving the charity of significant funding and frustrating the wishes of donors."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to remain focused on its original purpose of providing a legal framework for the Braille and Talking Book Library service. No evidence of scope expansion or contraction is apparent from the metadata provided, though the organisation itself later merged into Vision Australia."},"complexity_factors":["The Act appears to be narrow and purpose-specific, dealing with a single organisation and library service","Limited legislative text was provided — only metadata and version history were included, preventing analysis of operative provisions","Single-jurisdiction Victorian legislation with a focused subject matter","No apparent cross-jurisdictional or regulatory complexity evident from available text"],"plain_english_summary":"This Victorian Act gives statutory recognition to the Association for the Blind’s Braille and Talking Book Library, formally establishing its role in providing braille and audio reading materials to people who are blind or have significant vision impairment. It affects library users, the operating organisation (now Vision Australia), and staff or volunteers who produce and distribute accessible formats, and secures the service’s ongoing legal footing.\n\nNote: the supplied text is a metadata extract; the Act’s full provisions were not included."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act implements its stated purpose in the preamble: to construe gifts to the Braille and Talking Book Library as gifts to the Association for the Blind Ltd. It deliberately validates past applications from the merger date and preserves future dispositions; the text does not expand beyond that remedial scope."},"complexity_factors":["Retroactive validation of past dispositions back to the merger date (see s.5 and definition of 'merger date')","Broad coverage of instruments: deeds, wills, trusts and 'any other document' whenever executed (s.4, s.6)","Wide remedy language allowing gifts to be treated as to the Association for corresponding or similar purposes (s.4(c)–(d)) — requires judicial construction of 'corresponds with or is similar to'","Override clause making the Act prevail over contrary Acts, instruments or rules of law (s.7)","Defined terms import corporate form and testamentary concepts (s.3: 'Association', 'Library', 'will', 'property') which link to external law (Corporations Act, trust and property law)","Treatment of both immediate gifts and trust funds introduces interaction with trust administration and fiduciary duties (ss.4–5)"],"plain_english_summary":"This Act makes gifts, trusts and bequests to the Braille and Talking Book Library operate as if they were given to the Association for the Blind Ltd, so those donations do not fail because the Library merged into the Association. It covers past and future instruments (including wills and trusts) and operates despite anything to the contrary in other law, affecting donors, testators, trustees and the Association by preserving the intended use of donated property."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/association-for-the-blind-braille-and-talking-book-library-act-1993","history":"/api/acts/association-for-the-blind-braille-and-talking-book-library-act-1993/history","analysis":"/api/acts/association-for-the-blind-braille-and-talking-book-library-act-1993/analysis","conflicts":"/api/acts/association-for-the-blind-braille-and-talking-book-library-act-1993/conflicts","importantCases":"/api/acts/association-for-the-blind-braille-and-talking-book-library-act-1993/important-cases","documents":"/api/acts/association-for-the-blind-braille-and-talking-book-library-act-1993/documents"}}