{"id":"libraries-act-1982","name":"Libraries Act 1982","slug":"libraries-act-1982","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105766,"registerId":"sa-libraries-act-1982-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Libraries Act 1982","content":"South Australia\nLibraries Act 1982\nAn Act to provide for the administration of public libraries and library services in South Australia; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n5\tInterpretation\nPart 2—Objectives of Act\n7\tObjectives of Act\nPart 2A—Libraries Board of South Australia\nDivision 1—Continuation of Libraries Board of South Australia\n8\tContinuation of Libraries Board of South Australia\nDivision 2—Membership, proceedings etc\n9\tComposition of Board\n10\tConditions of membership\n11\tProceedings\n12\tValidity of acts\n13\tMinisterial control\nDivision 2A—Committees and delegation\n13A\tCommittees\n13B\tDelegation\nDivision 2B—Conflict of interest under Public Sector (Honesty and Accountability) Act\n13C\tConflict of interest under Public Sector (Honesty and Accountability) Act\nDivision 2C—Common seal and execution of documents\n13D\tCommon seal and execution of documents\nDivision 3—Functions and powers of Board\n14\tFunctions\n15\tPowers\nDivision 4—Staff\n16\tStaff\nDivision 5—Financial matters and annual reports\n18\tAnnual budget\n19\tAccounts and audit\n20\tAnnual report\n21\tSubsidies etc\nPart 3—Authorised officers\n23\tAppointment of authorised officers\n24\tPowers of authorised officers\n25\tHindering etc authorised officers\nPart 3A—Official insignia\n26\tInterpretation\n27\tOfficial titles and logos\n28\tUnlawful use of official insignia\n29\tSeizure etc of goods marked with official insignia\nPart 4—Miscellaneous\n35\tCopies of certain material to be lodged with Board and Parliamentary Librarian\n36\tAffiliated societies\n37\tConditions on which library materials are to be lent etc\n38\tGifts etc\n39\tMinisterial delegation\n40\tApprovals by Treasurer\n41\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Libraries Act 1982.\n5—Interpretation\nIn this section, unless the contrary intention appears—\nauthorised officer—see Part 3;\nBoard means the Libraries Board of South Australia continued under this Act;\ncouncil has the same meaning as in the Local Government Act 1999;\nLGA means the Local Government Association of South Australia;\nlibrary materials means books, magazines, newspapers, records, cassettes, films, videotapes and other materials of a kind commonly lent by, or available for reference at, a library;\nmember means member of the Board;\noccupy, in relation to premises, means have, or be entitled to, possession or control of the premises;\nofficial insignia—see Part 3A;\npremises of the Board means premises owned or occupied by the Board;\npromote, in relation to an event or activity, includes organise, commission, fund, support, market, advertise or act as project manager.\nPart 2—Objectives of Act\n7—Objectives of Act\n\t(1)\tThe objectives to be sought in the administration of this Act are as follows:\n\t(a)\tto achieve and maintain a co-ordinated system of libraries and library services that adequately meets the needs of the whole community;\n\t(b)\tto promote and facilitate the establishment and maintenance of libraries and library services by councils and other appropriate bodies;\n\t(c)\tto promote a co-operative approach to the provision of library services;\n\t(d)\tto ensure that the community has available to it adequate research and information services providing access to library materials and information stored in libraries and other institutions both within and outside the State.\n\t(2)\tThe library services referred to in subsection (1) include the lending of library materials without direct lending charge or the payment of a membership fee.\nPart 2A—Libraries Board of South Australia\nDivision 1—Continuation of Libraries Board of South Australia\n8—Continuation of Libraries Board of South Australia\n\t(1)\tThe Libraries Board of South Australia continues in existence.\n\t(2)\tThe Board—\n\t(a)\tis a body corporate; and\n\t(b)\thas perpetual succession and a common seal; and\n\t(c)\tcan sue and be sued in its corporate name; and\n\t(d)\tis an instrumentality of the Crown and holds property on behalf of the Crown; and\n\t(e)\thas the functions and powers assigned or conferred under this or any other Act.\nDivision 2—Membership, proceedings etc\n9—Composition of Board\n\t(1)\tThe Board will consist of not more than 8 members appointed by the Governor, of whom—\n\t(a)\t3 will be persons, nominated by the LGA, who may comprise, in any combination—\n\t(i)\tcouncil members; or\n\t(ii)\tlibrarians employed in a public library; or\n\t(iii)\tcommunity information officers employed by a council; or\n\t(iv)\tany other officers or employees of a council; or\n\t(v)\tany other persons with experience in local government; and\n\t(b)\tthe remainder will be nominated by the Minister.\n\t(2)\tAt least 2 members must be women and at least 2 must be men.\n\t(3)\tThe Governor will appoint 1 of the members to be the presiding member.\n\t(4)\tThe Governor may appoint a suitable person to be a deputy of a member (being a person nominated by the body or person who nominated the member) and the deputy may perform or exercise the functions and powers of the member in the member's absence.\n10—Conditions of membership\n\t(1)\tA member will be appointed for a term not exceeding 3 years and on conditions determined by the Governor and specified in the instrument of appointment.\n\t(2)\tA member will, at the expiration of a term of appointment, be eligible for reappointment (subject to the qualification that a person cannot serve as a member for more than 9 consecutive years).\n\t(3)\tA member whose term of office expires may nevertheless continue to act as a member, for a period of up to 3 months, until he or she is reappointed or a successor is appointed (as the case may be).\n\t(4)\tThe Governor may remove a member from office—\n\t(a)\tfor misconduct; or\n\t(b)\tfor failure or incapacity to carry out the duties of his or her office satisfactorily; or\n\t(c)\tfor contravention of a condition of his or her appointment; or\n\t(d)\tif serious irregularities have occurred in the conduct of the Board's affairs or the Board has failed to carry out its functions satisfactorily and its membership should, in the opinion of the Governor, be reconstituted for that reason.\n\t(5)\tThe office of a member becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tis convicted of an indictable offence or sentenced to imprisonment for an offence; or\n\t(e)\tceases to satisfy the qualification by virtue of which the member was eligible for appointment to the Board; or\n\t(f)\tis absent without leave of the presiding member of the Board from 3 consecutive meetings of the Board; or\n\t(g)\tis removed from office under subsection (4).\n\t(6)\tOn the office of a member becoming vacant, a person may be appointed in accordance with this Division to the vacant office.\n\t(7)\tA member is entitled to fees, allowances and expenses determined by the Governor.\n11—Proceedings\n\t(1)\tA quorum of the Board consists of half of the total number of its members (ignoring any fraction resulting from the division) plus 1.\n\t(2)\tIn the absence of the presiding member at a meeting of the Board, a member chosen by the members present at the meeting will preside.\n\t(3)\tA decision carried by a majority of the votes cast by members at a meeting is a decision of the Board.\n\t(4)\tEach member present at a meeting of the Board has 1 vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote.\n\t(5)\tA conference by telephone or other electronic means between members will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present if—\n\t(a)\tnotice of the conference is given to all members in the manner determined by the Board for the purpose; and\n\t(b)\teach participating member is capable of communicating with every other participating member during the conference.\n\t(6)\tA proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if—\n\t(a)\tnotice of the proposed resolution is given to all members in accordance with procedures determined by the Board; and\n\t(b)\ta majority of the members expresses concurrence in the proposed resolution by letter, fax or other written communication setting out the terms of the resolution.\n\t(7)\tThe Board must meet at least 6 times in each year.\n\t(8)\tThe Board must have accurate minutes kept of its proceedings.\n\t(9)\tSubject to this Act, the Board may determine its own procedures.\n\t(10)\tSubject to the directions of the Board and section 13A, this section applies to a committee of the Board in the same way as to the Board.\n12—Validity of acts\nAn act or proceeding of the Board or a committee of the Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n13—Ministerial control\n\t(1)\tSubject to subsection (2), the Board is subject to the general control and direction of the Minister.\n\t(2)\tNo Ministerial direction can be given—\n\t(a)\tas to the nature or content of—\n\t(i)\tlibrary collections; or\n\t(ii)\tevents or activities conducted or promoted by the Board; or\n\t(b)\tsuppressing the dissemination of information; or\n\t(c)\tpreventing or controlling access by the public to library materials at times when the libraries in which those materials are stored are open to the public; or\n\t(d)\tas to the manner in which the Board is to deal with a testamentary or other gift; or\n\t(e)\tas to any advice or recommendation that the Board makes or is required to make to the Minister.\nDivision 2A—Committees and delegation\n13A—Committees\n\t(1)\tThe Board may establish such committees (including advisory committees or subcommittees) as the Board thinks fit.\n\t(2)\tThe membership and conditions of membership of a committee will be determined by the Board and may, but need not, consist of, or include, members of the Board.\n\t(3)\tThe procedures to be observed in relation to the conduct of the business of a committee will be—\n\t(a)\tas determined by the Board; and\n\t(b)\tinsofar as a procedure is not determined under paragraph (a)—as determined by the committee.\n13B—Delegation\n\t(1)\tThe Board may delegate a function or power of the Board under this Act (other than this power of delegation) to any person or committee or other body (including a person for the time being performing particular duties or holding or acting in a specified position).\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in a matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(4)\tA delegate must not act pursuant to the delegation in any matter in which the delegate has a direct or indirect pecuniary or personal interest.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(5)\tIt is a defence to a charge of an offence against subsection (4) to prove that the defendant was, at the time of the alleged offence, unaware of his or her interest in the matter.\n\t(6)\tIn legal proceedings, an apparently genuine certificate, purportedly signed by the Board containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars.\nDivision 2B—Conflict of interest under Public Sector (Honesty and Accountability) Act\n13C—Conflict of interest under Public Sector (Honesty and Accountability) Act\nA member of the Board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with public librarians generally, or a substantial section of public librarians.\nDivision 2C—Common seal and execution of documents\n13D—Common seal and execution of documents\n\t(1)\tThe common seal of the Board must not be affixed to a document except in pursuance of a decision of the Board and the fixing of the seal must be attested by the signatures of 2 members of the Board.\n\t(2)\tThe Board may, by instrument under the common seal of the Board, authorise a person or persons (whether nominated by name or by office or title) to execute documents on behalf of the Board subject to conditions and limitations (if any) specified in the instrument of authority.\n\t(3)\tWithout limiting subsection (2), the Board may authorise 2 or more persons to execute documents jointly on behalf of the Board.\n\t(4)\tA document is duly executed by the Board if—\n\t(a)\tthe common seal of the Board is affixed to the document in accordance with this section; or\n\t(b)\tthe document is signed on behalf of the Board by a person or persons in accordance with authority conferred under this section.\n\t(5)\tIf an apparently genuine document purports to bear the common seal of the Board, it will be presumed, in the absence of proof to the contrary, that the common seal of the Board was duly affixed to the document.\nDivision 3—Functions and powers of Board\n14—Functions\nThe functions of the Board are—\n\t(a)\tto formulate policies and guidelines for the provision of public library services; and\n\t(b)\tto establish, maintain and expand collections of library materials and, in particular, collections of such materials that are of South Australian origin, or have a particular relevance to this State; and\n\t(c)\tto administer the State Library; and\n\t(d)\tto establish and maintain such other public libraries and public library services as may best conduce to the public interest; and\n\t(e)\tto promote, encourage and assist in the establishment, operation and expansion of public libraries and public library services by councils and others; and\n\t(f)\tto collaborate with an administrative unit of the Public Service or any other public sector agency (within the meaning of the Public Sector Act 2009) and any other authority or body, in the provision of library and information services; and\n\t(g)\tto make recommendations to the Minister on the allocation of funds that are available for the purposes of public libraries and public library services; and\n\t(k)\tto initiate and monitor research and experimental projects in relation to public libraries and public library services; and\n\t(n)\tto keep library services provided in the State under continuing evaluation and review; and\n\t(o)\tto carry out any other functions assigned to the Board under this or any other Act or by the Minister.\n15—Powers\n\t(1)\tThe Board has, in addition to any other powers conferred on it under this or any other Act, all the powers of a natural person.\n\t(2)\tThe Board may, for example, do any 1 or more of the following (subject to this Act):\n\t(a)\tengage agents, consultants or other contractors;\n\t(b)\tenter into contracts or agreements with authors, librarians or other persons involved in library services, or employ such persons;\n\t(c)\tenter into other contracts, agreements or arrangements;\n\t(d)\tacquire, hold, take on hire, lend, exchange or dispose of library materials;\n\t(e)\tacquire, hold, deal with or dispose of—\n\t(i)\tlicences; or\n\t(ii)\tintellectual property (including patents and copyright); or\n\t(iii)\tany other property (whether real or personal); or\n\t(iv)\tany interest in such property;\n\t(f)\tprovide courses of training for such persons as the Board thinks fit;\n\t(g)\taccept grants or obtain financial sponsorship from any person or body;\n\t(h)\tcarry on advertising and promotional activities;\n\t(i)\tconduct events and establish, operate, manage or make available venues and other facilities (including facilities for food and liquor) at the State Library, another public library or any other premises of the Board;\n\t(j)\tregulate and control admission to any venue for any events or activities conducted or promoted by the Board;\n\t(k)\tcharge and collect fees for admission to exhibitions, events or activities conducted on special occasions or for special purposes;\n\t(l)\tgrant for fee or other consideration advertising or sponsorship rights or other rights, licences or concessions in connection with events or activities conducted or promoted by the Board;\n\t(m)\tpublish or produce books, programs, brochures, films, souvenirs and other information or things relating to events or activities conducted or promoted by the Board;\n\t(n)\tsell or supply food and drink (including liquor), books, programs, brochures, films, souvenirs and other things in connection with events or activities conducted or promoted by the Board;\n\t(o)\tgrant or dispose of rights to televise, broadcast or record any events or activities conducted or promoted by the Board;\n\t(p)\trestrict, control and make charges for the use of official insignia;\n\t(q)\ttake out policies of insurance in its own right or on behalf of the State;\n\t(r)\tparticipate (whether as a member or otherwise) in, or otherwise be involved in the activities of, national or international organisations or associations involved in library services, or the promotion of library services;\n\t(s)\tgive or contribute towards prizes in competitions designed to encourage activities of an educational, historical, cultural or artistic nature within the State or make grants and give other assistance for such purposes;\n\t(t)\tenter into any partnership or joint venture arrangement;\n\t(u)\tform, or acquire, hold, deal with and dispose of shares or other interests in, or securities issued by, bodies corporate, whether within or outside of the State;\n\t(v)\tborrow money and obtain other forms of financial accommodation;\n\t(w)\tact as trustee on behalf of another person in connection with the performance of its functions under this Act.\n\t(3)\tHowever, the Board must not, without the approval of the Treasurer, exercise a power referred to in subsection (2)(u) or (v).\n\t(4)\tThe Board is not obliged to accept or keep material that is not, in its opinion, of sufficient educational, historical or other interest to justify its collection or preservation under this Act.\n\t(5)\tThe Board may exercise its powers within or outside of the State.\nDivision 4—Staff\n16—Staff\n\t(1)\tThe Board's staff consists of Public Service employees assigned to assist the Board.\n\t(2)\tThe Board may, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit.\nDivision 5—Financial matters and annual reports\n18—Annual budget\n\t(1)\tThe Board must, from time to time, prepare and submit to the Minister a budget for the next financial year or for some other period determined by the Minister.\n\t(2)\tThe budget must set out estimates of the Board's receipts and expenditures for the period to which the budget relates.\n\t(3)\tThe budget must conform with any requirements of the Minister as to its form and the matters to be addressed by the budget.\n\t(4)\tThe Minister may approve a budget submitted under this section with or without modification.\n\t(5)\tSubject to subsection (6), the Board must not, without the consent of the Minister, make an expenditure that is not provided for by a budget that has been approved by the Minister under this section.\n\t(6)\tThe Board is not required to have the approval of the Minister with respect to the expenditure of money received by the Board by way of a testamentary or other gift.\n19—Accounts and audit\n\t(1)\tThe Board must cause proper accounting records to be kept in relation to the financial affairs of the Board, and must have annual statements of account prepared in respect of each financial year.\n\t(2)\tThe accounting records and the statements of account must comply with—\n\t(a)\tany instructions of the Treasurer under section 41 of the Public Finance and Audit Act 1987; and\n\t(b)\tany further requirements imposed by the Auditor‑General.\n\t(3)\tThe Auditor‑General may at any time audit the accounts of the Board and must audit the annual statements of account.\n20—Annual report\n\t(1)\tThe Board must, on or before 30 September in every year, forward to the Minister a report on the work and operations of the Board for the preceding financial year.\n\t(2)\tThe report must contain the audited statements of account of the Board for the preceding financial year.\n\t(3)\tThe Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.\n21—Subsidies etc\n\t(1)\tThe Minister may, on the recommendation of the Board, pay such subsidies, or grant such other assistance, as the Minister thinks fit for the establishment, maintenance and extension of public libraries, public library services and community information services.\n\t(2)\tWhere charges are made in respect of the lending of library materials from a public library the amount or value of a subsidy or other assistance to be provided under this section in respect of the maintenance of the library and the provision of public library services from the library is to be reduced by the amount of the total estimated revenue to be derived from the making of the charges over the period to which the subsidy or other assistance relates.\nPart 3—Authorised officers\n23—Appointment of authorised officers\n\t(1)\tThe Minister may appoint persons to be authorised officers for the purposes of this Act.\n\t(2)\tEach police officer is an authorised officer for the purposes of this Act.\n\t(3)\tAn appointment under subsection (1) may be made subject to conditions or limitations specified in the instrument of appointment (and the exercise by an authorised officer of powers conferred under this Act is subject to the conditions and limitations (if any) specified in his or her instrument of appointment).\n\t(4)\tAn authorised officer other than a police officer must be issued with an identity card—\n\t(a)\tcontaining the person’s name and a photograph of the person; and\n\t(b)\tstating that the person is an authorised officer for the purposes of this Act; and\n\t(c)\tstating any conditions or limitations on the authorised officer’s authority.\n\t(5)\tAn authorised officer must, at the request of a person in relation to whom the authorised officer intends to exercise any powers under this Act, produce for inspection by the person—\n\t(a)\tin the case of an authorised officer appointed under subsection (1)—his or her identity card; and\n\t(b)\tin the case of an authorised officer who is a police officer and is not in uniform—his or her certificate of authority.\n\t(6)\tIf a person in possession of an identity card issued to the person under this section ceases to be an authorised officer, the person must immediately return the identity card to the Minister.\nMaximum penalty: $250.\n24—Powers of authorised officers\n\t(1)\tIf an authorised officer reasonably suspects that a person, while at a library or other premises of the Board, has committed, is committing or is about to commit an offence against this or any other Act, the authorised officer may do any 1 or more of the following:\n\t(a)\trequire the person to state his or her full name and usual place of residence;\n\t(b)\tif the authorised officer suspects on reasonable grounds that the name or place of residence stated is false—require the person to produce evidence of his or her full name or usual place of residence;\n\t(c)\trequire the person to leave the library or those premises immediately and not to return for a stated period or not to enter the library or those premises;\n\t(d)\tif the person refuses or fails to comply with a requirement under paragraph (c)—use such force as is reasonably necessary for the purpose of removing or excluding the person from the library or those premises;\n\t(e)\tcause the person to be detained and handed over into the custody of a police officer as soon as reasonably practicable.\n\t(2)\tAn authorised officer may also—\n\t(a)\trequire a person to surrender any object, substance or thing that the authorised officer reasonably suspects has been, is being, or is about to be, used at a library or other premises of the Board in contravention of this Act; and\n\t(b)\tgive such directions to persons at a library or other premises of the Board that the authorised officer considers necessary for—\n\t(i)\tthe maintenance of good order, the prevention of interference with events or other activities, or the safe and efficient regulation of vehicular or pedestrian traffic, at the library or those premises; or\n\t(ii)\tthe protection of property under the care or control of the Board; and\n\t(c)\tuse such force as may reasonably be required—\n\t(i)\tfor the purpose of removing or excluding from a library or other premises of the Board a person who refuses or fails to comply with a requirement or direction under this section; or\n\t(ii)\tfor the purposes of seizing goods under section 29; and\n\t(d)\texercise any other prescribed power.\n\t(3)\tAn authorised officer may, in exercising powers under this Act, be accompanied by such assistants as are reasonably required in the circumstances.\n\t(4)\tFor the purposes of this section, a reference to a library or other premises of the Board includes a reference to a part of a library or those premises.\n25—Hindering etc authorised officers\n\t(1)\tA person who—\n\t(a)\twithout reasonable excuse hinders or obstructs an authorised officer; or\n\t(b)\tfails to answer a question put by an authorised officer to the best of his or her knowledge, information or belief; or\n\t(c)\tproduces a document that he or she knows, or ought to know, is false or misleading in a material particular; or\n\t(d)\tfails without reasonable excuse to comply with a requirement or direction of an authorised officer under this Act; or\n\t(e)\tuses abusive, threatening or insulting language to an authorised officer or a person assisting an authorised officer; or\n\t(f)\tfalsely represents, by words or conduct, that he or she is an authorised officer,\nis guilty of an offence.\nMaximum penalty: $2 500.\n\t(2)\tA person is not obliged to answer a question or to produce a document as required under this Act if to do so might tend to incriminate the person or make the person liable to a penalty.\nPart 3A—Official insignia\n26—Interpretation\n\t(1)\tIn this Part—\nofficial insignia means—\n\t(a)\tan official title (declared under section 27); or\n\t(b)\ta logo (declared under section 27); or\n\t(c)\ta combination of the above.\n\t(2)\tFor the purposes of this Part, goods will be taken to be marked with official insignia if the insignia is affixed or annexed to, marked on, or incorporated in or with—\n\t(a)\tthe goods; or\n\t(b)\tany covering or container in which the goods are wholly or partly enclosed; or\n\t(c)\tanything placed in or attached to any such covering or container; or\n\t(d)\tanything that is attached to the goods or around which the goods are wrapped or wound.\n27—Official titles and logos\n\t(1)\tState Library of South Australia is declared to be an official title.\n\t(2)\tThe Minister may, by notice in the Gazette—\n\t(a)\tdeclare some other name under which the Board may conduct its operations or part of its operations to be an official title; or\n\t(b)\tdeclare a name or a title of an event or activity conducted or promoted by the Board to be an official title; or\n\t(c)\tdeclare a logo (being a design, the copyright of which is vested in the Crown in right of the State) to be a logo in respect of the Board or a particular event or activity conducted or promoted by the Board.\n\t(3)\tHowever, the Minister must not make a declaration under subsection (2) in relation to a name or title that is registered or otherwise protected under another Act unless the Minister is acting with the consent or agreement of the person who has the benefit of the registration or protection.\n\t(4)\tAn official title declared under this section is not required to be registered or otherwise protected under any other Act.\n\t(5)\tThe Minister may, by notice in the Gazette, vary or revoke a notice under this section.\n28—Unlawful use of official insignia\n\t(1)\tThe Board has a proprietary interest in all official insignia.\n\t(2)\tA person must not, without the consent of the Board, in the course of a trade or business—\n\t(a)\tuse a name in which the Board has a proprietary interest under this section for the purpose of promoting the sale of services or the provision of any benefits; or\n\t(b)\tsell goods marked with official insignia; or\n\t(c)\tuse official insignia for the purpose of promoting the sale of goods or services.\nMaximum penalty: $20 000.\n\t(3)\tA person must not, without the consent of the Board, assume a name or description that consists of, or includes, official insignia.\nMaximum penalty: $20 000.\n\t(4)\tA consent under this section—\n\t(a)\tmay be given with or without conditions (including conditions requiring payment to the Board); and\n\t(b)\tmay be given generally by notice in the Gazette or by notice in writing addressed to an applicant for the consent; and\n\t(c)\tmay be revoked by the Board for breach of a condition by notice in writing given personally or by post to a person who has the benefit of the consent.\n\t(5)\tThe Supreme Court may, on the application of the Board, grant an injunction to restrain a breach of this section.\n\t(6)\tThe court by which a person is convicted of an offence against this section may, on the application of the Board, order the convicted person to pay compensation of an amount fixed by the court to the Board.\n\t(7)\tSubsections (5) and (6) do not derogate from any civil remedy that may be available to the Board apart from those subsections.\n29—Seizure etc of goods marked with official insignia\n\t(1)\tIf—\n\t(a)\tgoods apparently intended for a commercial purpose are marked with official insignia; and\n\t(b)\tan authorised officer suspects on reasonable grounds that the use of the insignia has not been authorised by the Board,\nthe authorised officer may seize those goods.\n\t(2)\tIf goods have been seized under this section and—\n\t(a)\tproceedings are not instituted for an offence against section 28(2) in relation to the goods within 3 months of their seizure; or\n\t(b)\tafter proceedings have been instituted and completed, the defendant is not convicted,\nthe person from whom they were seized is entitled to recover—\n\t(c)\tthe goods or, if they have been destroyed, compensation equal to the market value of the goods at the time of their seizure; and\n\t(d)\tcompensation for any loss suffered by reason of the seizure of the goods.\n\t(3)\tAn action for the payment of compensation under subsection (2) may be brought against the Board in any court of competent jurisdiction.\n\t(4)\tThe court by which a person is convicted of an offence against this Act may order that goods to which the offence relates be forfeited to the Crown.\n\t(5)\tAny goods forfeited to the Crown must be disposed of in such manner as the Minister may direct and, if sold, the proceeds of the sale paid into the Consolidated Account.\nPart 4—Miscellaneous\n35—Copies of certain material to be lodged with Board and Parliamentary Librarian\n\t(1)\tSubject to this section, if a person or body publishes material to which this section applies, the person or body must, within 1 month after publication, provide a copy of the material to the Board, and a copy to the Parliamentary Librarian, at the person's own expense.\nMaximum penalty: $2 500.\n\t(2)\tA person or body may, by notice in writing to the person or body from the Parliamentary Librarian, be exempted from providing all or a specified part of the material required to be provided to the Parliamentary Librarian under subsection (1).\n\t(3)\tIf material to which this section applies is published in various forms of differing quality, the copies to be provided under subsection (1) must be of the finest quality (unless provided in electronic form under subsection (4)).\nMaximum penalty: $2 500.\n\t(4)\tA copy of material may only be provided under subsection (1) in electronic form—\n\t(a)\tif it is material or material of a kind prescribed by regulation; or\n\t(b)\tin the case of material to be provided to the Board—with the agreement in writing of the Board; or\n\t(c)\tin the case of material to be provided to the Parliamentary Librarian—with the agreement in writing of the Parliamentary Librarian.\n\t(5)\tA receipt must be issued for material provided under this section.\n\t(6)\tThis section applies to material of South Australian origin, or material that has particular relevance to this State, in the form of—\n\t(a)\ta book, or a part or division of a book; or\n\t(b)\ta newspaper, magazine, journal or pamphlet; or\n\t(c)\ta map, plan, chart or table; or\n\t(d)\tprinted music; or\n\t(e)\ta record, cassette, film, video or audio tape, CD, DVD or other item made available to the public, designed to store and facilitate the reproduction of visual images, sound or information.\n\t(7)\tThis section does not apply to—\n\t(a)\ta second or subsequent edition of material referred to in subsection (6) that does not differ from a former edition; or\n\t(b)\tmaterial or material of a kind prescribed by regulation.\n36—Affiliated societies\n\t(1)\tThe following societies are affiliated with the Board—\n\t(a)\tthe Royal Society of South Australia (Incorporated);\n\t(b)\tthe Royal Geographical Society of Australasia (South Australian Branch) Incorporated.\n\t(2)\tThe Board may, with the consent of the Minister, affiliate with any educational, literary or scientific society or body that desires such affiliation on such terms as are agreed between the Board and the society or body.\n\t(3)\tThe Board may accord to any body or association or society affiliated with it such rights in relation to use of property of the Board as the Board thinks fit.\n37—Conditions on which library materials are to be lent etc\n\t(1)\tThe Board may, by notice published in the Gazette—\n\t(a)\tdetermine conditions to be observed by persons to whom library materials are lent by the Board;\n\t(b)\tdetermine conditions on which persons may have access to library or other materials in the possession of the Board;\n\t(c)\tfix fines, or a scale of fines, to be paid by any person who contravenes or fails to comply with, a condition in force under this section;\n\t(d)\tfix fees to be paid for services rendered by the Board (other than the lending of library materials);\n\t(e)\tvary or revoke a notice previously published under this section.\n\t(2)\tA person by whom a fine is payable under subsection (1) who refuses or fails to comply with a demand by the Board for payment of the fine is guilty of an offence.\nMaximum penalty: $1 250.\n38—Gifts etc\n\t(1)\tThe Board may accept—\n\t(a)\tgrants, conveyances, transfers and leases of land from the Crown, an instrumentality of the Crown or any other person or body; and\n\t(b)\trights to the use, control, management or occupation of any land; and\n\t(c)\tgifts of personal property of any kind to be used or applied by it for the purposes of this Act.\n\t(2)\tA gift or bequest made to or for the benefit or purposes of—\n\t(a)\ta library administered by the Board; or\n\t(b)\tthe governing body of such a library; or\n\t(c)\tthe former Institutes Association of South Australia; or \n\t(d)\tinstitutes that were formerly members of that Association,\nwill be taken to be a gift or bequest to the Board and must be applied by the Board towards the purposes for which the gift or bequest was made.\n\t(3)\tDespite the Stamp Duties Act 1923, no stamp duty is payable on any instrument by which land or any interest in or right over land is granted or assured to or vested in the Board or on any contract or instrument executed by the Board for the purpose of disposing of any property.\n39—Ministerial delegation\n\t(1)\tThe Minister may delegate a function or power of the Minister under this Act (other than this power of delegation) to any person (including a person for the time being performing particular duties or holding or acting in a specified position).\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in a matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(4)\tIn legal proceedings, an apparently genuine certificate, purportedly signed by the Minister containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars.\n40—Approvals by Treasurer\n\t(1)\tAn approval given by the Treasurer under this Act may be—\n\t(a)\tspecific or general; and\n\t(b)\tconditional or unconditional.\n\t(2)\tAn approval given by the Treasurer may be varied or revoked by the Treasurer at any time.\n41—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprovide for the use, care and protection of objects, works, collections or any other property under the care or control of the Board; and\n\t(b)\tprovide for the admission, exclusion or expulsion of members of the public to or from a library or other premises of the Board or a part of a library or those premises; and\n\t(c)\tprohibit disorderly or offensive behaviour at a library or other premises of the Board; and\n\t(d)\tprohibit the use of computers at a library for the purposes of accessing or transmitting defamatory, obscene or other offensive material;\n\t(e)\tprohibit or regulate eating, drinking (including liquor), smoking or the consumption of unlawful substances at a library or other premises of the Board or a part of a library or those premises; and\n\t(f)\tprohibit or regulate any other conduct or activities for the purposes of—\n\t(i)\tmaintaining good order, and preventing interference with events or activities conducted, at a library or other premises of the Board; and\n\t(ii)\tprotecting property under the care or control of the Board; and\n\t(g)\tprohibit or regulate the driving, parking or standing of vehicles on premises of the Board; and\n\t(h)\tprescribe fees for the parking of vehicles on premises of the Board and provide for their payment and recovery; and\n\t(i)\tprovide that the owner and driver of a vehicle driven, parked or left standing in contravention of the regulations are each guilty of an offence and provide or exclude defences in relation to any such offence; and\n\t(j)\tprovide for the management (including disposal) by, and vesting in, the Board of unclaimed property; and\n\t(k)\tprovide for the approval by the Board or an authorised officer of any act or activity that would otherwise be prohibited under the regulations; and\n\t(l)\tprescribe penalties not exceeding $1 250 for breach of any regulation.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(c)\tprovide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Board or another prescribed person or authority.\n\t(4)\tIn proceedings for an offence against a regulation dealing with the driving, parking or standing of vehicles—\n\t(a)\tan allegation in a complaint that a person named in the complaint was the owner of a specified vehicle on a specified day will be taken to be proved in the absence of proof to the contrary; and\n\t(b)\tif it is proved that a vehicle was parked in contravention of a regulation, it will be presumed, in the absence of proof to the contrary, that the vehicle was so parked by the owner of the vehicle.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Libraries Act 1982 repealed the following:\nLibraries and Institutes Act 1939\nLibraries (Subsidies) Act 1955\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1982\n70\nLibraries Act 1982\n1.7.1982\n17.2.1983 (Gazette 17.2.1983 p378)\n1984\n64\nLibraries Act Amendment Act 1984\n27.9.1984\n27.9.1984\n1989\n40\nLibraries Act Amendment Act 1989\n4.5.1989\n26.6.1989 (Gazette 22.6.1989 p1684) except ss 3, 4, 10, 13 & 14—28.6.1990 (Gazette 28.6.1990 p1710)\n1996\n34\nStatutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n2.5.1996\nSch (cl 22)—3.2.1997 (Gazette 19.12.1996 p1923)\n1997\n8\nState Records Act 1997\n20.3.1997\n31.10.1997 (Gazette 4.9.1997 p612)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 83 (ss 195—198)—1.2.2010 (Gazette 28.1.2010 p320)\n2010\n19\nStatutes Amendment (Arts Agencies Governance and Other Matters) Act 2010\n28.10.2010\nPt 7 (ss 48—65) & Sch 1 (Pt 4 & Pt 9 cll 7 & 18)—12.5.2011 (Gazette 12.5.2011 p1460)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\namended by 40/1989 s 3\n28.6.1990\n\ndeleted by 8/1997 Sch cl 1(a)\n31.10.1997\ns 4\nomitted under Legislation Revision and Publication Act 2002\n\ns 5 before substitution by 19/2010\n\n\nthe Association\ndeleted by 40/1989 s 4(a)\n28.6.1990\ninstitute\ndeleted by 40/1989 s 4(b)\n28.6.1990\npublic instrumentality\ndeleted by 8/1997 Sch cl 1(b)\n31.10.1997\npublic record\ndeleted by 8/1997 Sch cl 1(b)\n31.10.1997\nthe Standing Committee\ndeleted by 40/1989 s 4(c)\n28.6.1990\ns 5\nsubstituted by 19/2010 s 48\n12.5.2011\ns 6\ndeleted by 19/2010 Sch 1 Pt 4\n12.5.2011\nPt 2\n\n\nheading\nsubstituted by 19/2010 s 49\n12.5.2011\nDiv 1 heading\ndeleted by 19/2010 s 50\n12.5.2011\ns 7\n\n\ns 7(2)\namended by 19/2010 s 51\n12.5.2011\nDiv 2 heading\ndeleted by 19/2010 s 52\n12.5.2011\nPt 2A\n\n\nheading\ninserted by 19/2010 s 52\n12.5.2011\nPt 2A Div 1\n\n\nheading\ninserted by 19/2010 s 52\n12.5.2011\ns 8\n\n\ns 8(1)\namended by 19/2010 s 53(1)\n12.5.2011\ns 8(2)\nsubstituted by 19/2010 s 53(2)\n12.5.2011\ns 8(3)—(5)\ndeleted by 19/2010 s 53(2)\n12.5.2011\ns 9 before deletion by 19/2010\n\n\ns 9(1)\nsubstituted by 40/1989 s 5\n26.6.1989\ns 9(2)\nsubstituted by 64/1984 s 2\n27.9.1984\n\nsubstituted by 40/1989 s 5\n26.6.1989\ns 9(3) and (4)\ndeleted by 40/1989 s 5\n26.6.1989\ns 9\ndeleted by 19/2010 s 54\n12.5.2011\ns 10 before deletion by 19/2010\n\n\ns 10(1)\nsubstituted by 40/1989 s 6(a)\n26.6.1989\ns 10(3)\namended by 64/1984 s 3\n27.9.1984\n\namended by 40/1989 s 6(b)\n26.6.1989\ns 10\ndeleted by 19/2010 s 54\n12.5.2011\ns 11 before deletion by 19/2010\n\n\ns 11(2)\namended by 40/1989 s 7\n26.6.1989\ns 11\ndeleted by 19/2010 s 54\n12.5.2011\ns 11A before deletion by 19/2010\ninserted by 84/2009 s 195\n1.2.2010\ns 11A\ndeleted by 19/2010 s 54\n12.5.2011\ns 12 before deletion by 19/2010\n\n\ns 12(2) and (3)\ndeleted by 84/2009 s 196\n1.2.2010\ns 12\ndeleted by 19/2010 s 54\n12.5.2011\ns 13\ndeleted by 19/2010 s 54\n12.5.2011\nPt 2A Div 2\ninserted by 19/2010 s 54\n12.5.2011\nPt 2A Div 2A\ninserted by 19/2010 s 54\n12.5.2011\nPt 2A Div 2B\ninserted by 19/2010 s 54\n12.5.2011\nPt 2A Div 2C\ninserted by 19/2010 s 54\n12.5.2011\nPt 2A Div 3\n\n\nheading\nPt 2 Div 3 heading substituted as Pt 2A Div 3 heading by 19/2010 s 55\n12.5.2011\ns 14\namended by 40/1989 s 8\n26.6.1989\n\n(l) and (m) deleted by 40/1989 s 8(b)\n26.6.1989\n\namended by 8/1997 Sch cl 1(c)\n31.10.1997\n\n(j) deleted by 8/1997 Sch cl 1(d)\n31.10.1997\n\namended by 19/2010 s 56(1)—(3), (5)\n12.5.2011\n\n(h) and (i) deleted by 19/2010 s 56(4)\n12.5.2011\ns 15\nsubstituted by 19/2010 s 57\n12.5.2011\ns 16\ndeleted by 19/2010 s 57\n12.5.2011\nPt 2 Div 4 heading\nomitted under Legislation Revision and Publication Act 2002\n12.5.2011\nss 17—20\ndeleted by 19/2010 s 57\n12.5.2011\nPt 2A Div 4\ninserted by 19/2010 s 57\n12.5.2011\nPt 2A Div 5\n\n\nheading\nPt 2 Div 5 heading substituted as Pt 2A Div 5 heading by 19/2010 s 58\n12.5.2011\nss 18—20\ninserted by 19/2010 s 59\n12.5.2011\ns 21\n\n\ns 21(1)\nsubstituted by 40/1989 s 9(a)\n26.6.1989\ns 21(2)\namended by 40/1989 s 9(b)\n26.6.1989\n\namended by 19/2010 Sch 1 Pt 4\n12.5.2011\nPt 2 Div 6\ndeleted by 84/2009 s 197\n1.2.2010\nPt 2 Div 7\ndeleted by 40/1989 s 10\n28.6.1990\nPt 2 Div 8\ndeleted by 40/1989 s 10\n28.6.1990\nPt 2 Div 9\ndeleted by 40/1989 s 10\n28.6.1990\nPt 3\namended by 40/1989 Sch 2\n26.6.1989\n\ndeleted by 8/1997 Sch cl 1(e)\n31.10.1997\nPt 3\ninserted by 19/2010 s 60\n12.5.2011\nPt 3A\ninserted by 19/2010 s 60\n12.5.2011\nPt 4\n\n\ns 35 before substitution by 19/2010 s 61\n\n\ns 35(3)\namended by 40/1989 Sch 2\n26.6.1989\ns 35(5)\namended by 40/1989 s 11\n26.6.1989\ns 35\nsubstituted by 19/2010 s 61\n12.5.2011\ns 36\n\n\ns 36(1)\namended by 40/1989 s 12\n26.6.1989\n\n(c) deleted by 40/1989 s 12\n26.6.1989\ns 36(2)\namended by 19/2010 Sch 1 Pt 4\n12.5.2011\ns 37\namended by 40/1989 s 13\n28.6.1990\n\ndeleted by 19/2010 s 62\n12.5.2011\ns 37\ns 40 redesignated as s 37 by 19/2010 s 63(3)\n12.5.2011\ns 37\n\n\ns 37(1)\ns 40(1) amended by 19/2010 s 63(1)\n12.5.2011\ns 37(2)\ns 40(2) amended by 40/1989 Sch 2\n26.6.1989\n\ns 40(2) substituted by19/2010 s 63(2)\n12.5.2011\ns 38\namended by 84/2009 s 198(1), (2)\n1.2.2010\n\ndeleted by 19/2010 s 62\n12.5.2011\n\ninserted by 19/2010 s 64\n12.5.2011\ns 39 before deletion by 19/2010 s 62\n\n\ns 39(1)\namended by 40/1989 Sch 2\n26.6.1989\ns 39\ndeleted by 19/2010 s 62\n12.5.2011\n\ninserted by 19/2010 s 65\n12.5.2011\ns 40\ninserted by 19/2010 s 65\n12.5.2011\ns 41\nsubstituted by 19/2010 s 65\n12.5.2011\ns 42\ndeleted by 19/2010 s 65\n12.5.2011\ns 43 before deletion by 19/2010\n\n\ns 43(2)\namended by 40/1989 Sch 2\n26.6.1989\n\namended by 34/1996 s 4 (Sch cl 22)\n3.2.1997\ns 43(4)\ndeleted by 34/1996 s 4 (Sch cl 22)\n3.2.1997\ns 43\ndeleted by 19/2010 s 65\n12.5.2011\nSch\ndeleted by 40/1989 s 14\n28.6.1990\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n5—Transitional provision\nAn Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.\nState Records Act 1997, Sch\n4—Transitional provisions\n\t(1)\tAll official records in the custody of the Libraries Board of South Australia immediately before the commencement of this Act pursuant to Part 3 of the Libraries Act 1982 will, on the commencement of this Act, be placed in the custody of State Records.\n\t(2)\tFor the purposes of this Act, the agency responsible for an official record in the custody of State Records will, in the case of a record placed in the custody of State Records under subclause (1), be determined in accordance with section 3(3) as if the agency with corresponding responsibility for the record when in the custody of the Libraries Board immediately before the commencement of this Act had, on the commencement of this Act, delivered the record into the custody of State Records.\n\t(3)\tAll principles and determinations promulgated by the Libraries Board of South Australia and in operation immediately before the commencement of this Act relating to the disposal of records will continue in operation until the Manager otherwise determines with the approval of the Council.\nStatutes Amendment (Arts Agencies Governance and Other Matters) Act 2010, Sch 1 Pt 9—Transitional provisions\n7—Membership of Libraries Board of South Australia\n\t(1)\tIn this clause—\nprincipal Act means the Libraries Act 1982.\n\t(2)\tA member of the Libraries Board of South Australia (within the meaning of the principal Act) holding office immediately before the commencement of this clause, will, on that commencement, continue in office—\n\t(a)\tfor the balance of that term of office; and\n\t(b)\ton such other conditions as if the principal Act as amended by Part 7 of this Act had been in force when he or she was appointed or last re‑appointed a member of the Board and that appointment had been made under the principal Act as so amended.\n\t(3)\tA member continues in office by virtue of subclause (2) despite the fact that, for some or all of the duration of the balance of that term of office—\n\t(a)\t1 or more provisions of section 9 of the principal Act as amended by Part 7 of this Act (relating to the composition of the Board) may not be complied with; and\n\t(b)\tsection 10(1) of the principal Act as amended by Part 7 of this Act (prohibiting a person from being appointed for a term exceeding 3 years) may not be complied with; and\n\t(c)\tsection 10(2) of the principal Act as amended by Part 7 of this Act (prohibiting a person from serving as a member for more than 9 consecutive years) may not be complied with,\nand, in that case, those provisions will not apply for that duration.\n18—Authorised persons under Libraries Regulations 1998\nA person appointed and holding office as an authorised person under the Libraries Regulations 1998 immediately before the commencement of this Division will be taken to be an authorised officer appointed under Part 3 of the Libraries Act 1982 as inserted by Part 7 of this Act and subject to the same conditions and limitations (if any).\nHistorical versions\nReprint No 1—1.10.1991\n\nReprint No 2—3.2.1997\n\nReprint No 3—31.10.1997\n\n1.2.2010\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was available for analysis. The page returned only a website error message following a SA Legislation website migration in March 2026."},"complexity_factors":["No legislative text was retrieved — the source URL returned a 404 Page Not Found error","Unable to assess complexity of the actual Libraries Act 1982 (SA) without access to its content","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided for South Australia's *Libraries Act 1982* returned a **Page Not Found** error from the SA Legislation website. This appears to be caused by a broken or outdated hyperlink following a website update on 24 March 2026.\n\n**What this means for you:** No analysis of the actual law can be provided because the legislative text was not accessible. To find the *Libraries Act 1982* (SA), try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and searching directly for the Act by name\n- Updating any old bookmarks or links as advised on the error page\n- Emailing the site administrators at OPCWeb@sa.gov.au to report the broken link"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act’s scope has been amended since the original 1982 text. The legislative history shows major structural and substantive changes, notably the insertion of Part 2A and related divisions (including membership/delegation/conflict-of-interest and official‑insignia provisions) and repeals or replacements of earlier membership and procedural provisions (see entries for the Statutes Amendment (Arts Agencies Governance and Other Matters) Act 2010 (19/2010), and earlier amendments). Practical consequences include redefined Board composition and governance machinery, new statutory controls over official titles and logos (Parts 3A: ss 26–29 inserted), altered delegation and reporting arrangements, and updated regulatory powers (s 41 as substituted). These amendments shifted both administrative structure and the toolkit available to the Board (for example, clearer commercial powers at s 15 and new enforcement/seizure rules at s 29), changing how the Act operates in practice compared with earlier versions."},"complexity_factors":["Multiple layers of delegated authority and discretion (Board delegations under s 13B; Ministerial delegation s 39; regulations may vest discretion s 41(3)(c)).","Interlocking financial controls involving the Board, the Minister and the Treasurer (budget submission and Ministerial approval ss 18(1)–(6); Treasurer approval required for certain borrowings or share dealings s 15(3); approvals regime s 40).","Range of enforcement powers and penalties across Parts (authorised officers' powers ss 23–24; offences and fines ss 25, 28, 35; seizure and compensation rules s 29).","Operational-commercial powers that create mixed public/private activity (events, sale of goods, sponsorship, licensing of insignia s 15; consent and fee conditions s 28(4)).","Statutory obligations imposed on third parties (publisher deposit obligation s 35) and procedural safeguards (audit and reporting ss 19–20).","Extensive amendment history and structural changes recorded in the legislative history, increasing interpretive complexity when comparing versions."],"plain_english_summary":"What this law does, in plain terms\n\n- Establishes and describes the Libraries Board of South Australia (the Board) as a statutory, corporate body and sets out its core purposes and powers (ss 8, 14, 15). The Board administers the State Library, may establish and support other public libraries and services, and may make recommendations to the Minister about funding (ss 8(2)(c), 14(a)–(e), 14(g)).\n\n- Sets objectives for administration: a co-ordinated system of libraries and services, promoting library establishment by councils and others, encouraging cooperation, and ensuring access to library and research materials both inside and outside the State; and it specifies that lending services can be without direct lending charge or membership fee (s 7).\n\n- Specifies how the Board is formed and runs: appointment of members by the Governor (with three nominees from the Local Government Association and the Minister nominating the remainder), gender minimums for membership, terms and removal grounds for members, meeting/quorum rules, and delegation and committee powers (ss 9–11, 13A, 13B). The Governor appoints the presiding member (s 9(3)).\n\n- Places the Board under general Ministerial control but protects certain independent decisions from Ministerial direction (for example, the Minister may not direct the Board about the content of library collections, events, suppression of information, public access during opening hours, handling of gifts, or advice the Board gives to the Minister) (s 13(1)–(2)).\n\n- Gives the Board broad operational powers: enter contracts, hire staff/consultants, acquire or dispose of library materials and intellectual property, run events and venues (including food and liquor), sell goods, accept grants and sponsorships, charge fees for some activities, borrow money (subject to Treasurer approval for certain transactions), and carry out commercial activities connected to library events (s 15; s 15(3) requires Treasurer approval for acquiring shares or borrowing). The Board may also insure, form partnerships, and act as trustee (s 15(a)–(w)).\n\n- Sets out financial and reporting rules: the Board must prepare and submit a budget to the Minister, conform to Ministerial requirements and cannot spend outside an approved budget without Ministerial consent (except testamentary gifts) (ss 18(1)–(6)); the Board must keep accounts and be audited by the Auditor‑General and lodge an annual report to the Minister (ss 19–20).\n\n- Authorises officers and enforcement powers: the Minister may appoint authorised officers (and police are authorised officers automatically); authorised officers can require identity details, exclude or remove persons from library premises, seize suspected contraband or unauthorised goods and detain persons for handing to police (ss 23–24). There are criminal offences for hindering officers or false statements with penalties set out (s 25).\n\n- Protects and controls official titles and logos (official insignia): the Act declares “State Library of South Australia” an official title and allows the Minister to declare other titles or logos; the Board has a proprietary interest in official insignia and may prohibit commercial use without consent, with penalties and civil remedies (ss 26–28). Authorised officers can seize goods apparently marked with official insignia when unauthorised (s 29).\n\n- Imposes a deposit obligation on publishers: persons or bodies publishing material of South Australian origin or relevance must, within 1 month of publication and at their expense, provide copies to the Board and the Parliamentary Librarian (subject to limited exemptions and electronic-only exceptions) (s 35).\n\n- Gives the Governor power to make regulations covering a range of library conduct and property-management matters (including banning certain computer uses, regulating food/drink/smoking, parking and penalties for breaches) and permits the regulations to vest discretionary decision-making powers in the Minister or the Board (s 41).\n\nWho pays, who decides, and what changes behaviour\n\n- Who pays: taxpayers fund the Board via the usual public finance routes and the Minister may pay subsidies or other assistance to councils or library operators on the Board's recommendation (s 21(1)). Publishers bear the cost of providing deposit copies (s 35(1)). Individuals may pay fees set by the Board for some services (s 15(k), s 37(1)(d)), and businesses or people who use Board insignia commercially without consent may face penalties or be required to pay compensation (ss 28(2)–(3), 28(6)). Fines and penalties under the Act (e.g. for obstructing authorised officers, improper use of insignia, failing to deposit material) create direct monetary costs for private persons and organisations (ss 25, 28, 35).\n\n- Who decides: appointments of Board members are made by the Governor (s 9); the Minister exercises general control and may approve budgets (ss 13, 18); the Treasurer must approve certain financial actions (s 15(3)); the Board itself decides many operational matters and may delegate functions to committees or delegates (ss 13B, 13A). Regulations may give further decision-making discretion to the Minister, Board or other prescribed persons (s 41(3)(c)).\n\n- Behavioural effects and incentives: the Board’s explicit powers to charge admission fees for special events, grant advertising and sponsorship rights, sell goods and food/drink, and accept grants create incentives for the Board to generate non‑government revenue (s 15(k)–(n), (g)). Councils and other library operators may be incentivised to run chargeable services because subsidies from the Minister are reduced by expected revenue from charges (s 21(2)). Controls over official insignia and criminal penalties for misuse (ss 28–29) discourage private commercial use of Board names/logos without consent and create a licensing/consent mechanism that can include payment (s 28(4)(a)).\n\nCosts, trade-offs, compliance burdens and implementation risk (mechanisms, not judgments)\n\n- Compliance burdens: publishers must supply copies to the Board/Parliamentary Librarian within one month at their own expense (s 35(1)). Businesses seeking to use Board titles/logos in trade must obtain consent and may face penalties or seizure for unauthorised use (ss 28–29). Persons attending libraries must follow conditions published by the Board and may face fines for breach (s 37).\n\n- Administrative discretion and checks: the Board has broad delegation powers (s 13B) and commercial authority (s 15), but the Minister retains general control (s 13) and the Treasurer’s approval is required for certain financial dealings (s 15(3)). The Auditor‑General audits accounts (s 19(3)), and the Board must submit budgets and annual reports to the Minister for tabling in Parliament (ss 18–20).\n\n- Enforcement and safeguards: authorised officers have powers to exclude, remove and detain persons and to seize goods (ss 23–24, 29). Where goods are seized under the official‑insignia rules, procedures for return and compensation are provided (s 29(2)–(3)).\n\n- Effects on private enterprise and speech: the Act creates both commercial opportunities (selling goods at events, sponsorship, licensing of insignia—s 15) and restrictions (prohibiting unauthorised commercial use of official titles/logos—s 28; regulations may restrict computer use in libraries including accessing/transmitting certain material—s 41(2)(d)). The Act protects certain editorial or collection decisions from Ministerial direction (s 13(2)(a)–(c)), which is a legal safeguard for the Board’s control over content and public access decisions.\n\nOfficial purpose claim and how it maps to costs and incentives\n\n- The Act’s stated objectives are to create a coordinated library system, promote establishment and maintenance of libraries, encourage cooperation and ensure public access to research and information (s 7). Mechanically, the Act builds a central statutory Board with powers to fund, support and regulate library services; it also creates funding levers (subsidies reduced by revenue from charges—s 21(2)), revenue-raising powers for the Board (s 15), and enforcement/branding controls (ss 28–29). Those mechanisms shift incentives: the Board can pursue commercial revenue sources, councils’ subsidy receipts are affected by their charging decisions, and private parties face compliance costs for deposit obligations and restricted use of official insignia. The Act balances administrative oversight (Minister/Treasurer approvals, audit and reporting) with explicit protections for certain Board decisions from Ministerial direction (s 13(2)), creating trade-offs between accountability and operational independence."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1982 scope. Originally focused on library administration and subsidies, it has expanded to include: (1) detailed governance structures for the Board (Part 2A added 2010), (2) authorised officer enforcement powers similar to police (Part 3 added 2010), (3) intellectual property protection for library branding (Part 3A added 2010), (4) commercial activities like events, catering, and venue hire (s 15(2)(i)-(o)), and (5) complex delegation and conflict-of-interest frameworks. The 2010 amendments represent a major expansion from a simple library management statute to a comprehensive cultural institution governance framework with commercial and enforcement dimensions."},"complexity_factors":["Moderate length (41 sections plus legislative history)","Multiple structural reorganizations evident from amendment history (Parts 2A, 3, 3A inserted later)","Cross-references to other Acts: Local Government Act 1999, Public Sector (Honesty and Accountability) Act 1995, Public Sector Act 2009, Public Finance and Audit Act 1987, Stamp Duties Act 1923","Conditional logic in delegation provisions (s 13B, s 39) with exceptions and offence provisions","Nested conditions in authorised officer powers (s 24) with multiple sub-paragraphs and safeguards","Presumptions and evidentiary provisions (s 13B(6), s 13D(5), s 41(4)) creating legal shortcuts","Ministerial and Treasurer approval requirements scattered throughout (ss 15(3), 18, 40)","Transitional provisions in legislative history showing evolution from 1982 through multiple amendments"],"plain_english_summary":"This South Australian law sets up and runs the state's public library system. It creates the **Libraries Board of South Australia** — a government body that manages the State Library and coordinates public libraries across the state.\n\n**What the Board does:**\n- Sets policies for public libraries\n- Runs the State Library of South Australia\n- Builds collections, especially South Australian materials\n- Gives subsidies to local councils to help them run libraries\n- Promotes cooperation between libraries\n\n**Who's on the Board:**\n- Up to 8 members appointed by the Governor\n- 3 must be nominated by the Local Government Association (council members, librarians, or local government staff)\n- The rest are nominated by the Minister\n- Must have at least 2 women and 2 men\n- Members serve up to 3 years, max 9 years total\n\n**Key protections:**\n- The Minister can't tell the Board what books to collect or what events to run\n- The Minister can't stop the Board from sharing information or controlling public access to materials\n- This protects library independence from political interference\n\n**Other important bits:**\n- **Authorised officers** (including police) can remove troublemakers from libraries, demand names, and seize goods\n- **Legal deposit:** Publishers must give free copies of South Australian books, newspapers, films, etc. to the Board and the Parliamentary Librarian\n- **Official insignia:** The Board owns names and logos like \"State Library of South Australia\" — businesses can't use these without permission\n- **Gifts:** The Board can accept donations of land, money, or materials\n\n**Who it affects:**\n- Anyone using South Australian public libraries\n- Local councils running libraries\n- Publishers of South Australian material\n- Anyone running events or businesses using library branding"},"issue_detection":{"absurdities":[],"contradictions":[]},"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"}},"importantCases":[],"_links":{"self":"/api/acts/libraries-act-1982","history":"/api/acts/libraries-act-1982/history","analysis":"/api/acts/libraries-act-1982/analysis","conflicts":"/api/acts/libraries-act-1982/conflicts","importantCases":"/api/acts/libraries-act-1982/important-cases","documents":"/api/acts/libraries-act-1982/documents"}}