{"id":"nsw:act-1939-040","name":"Library Act 1939","slug":"library-act-1939","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"40 of 1939","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111590,"registerId":"nsw-act-1939-040-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> > (1) This Act may be cited as the [Library Act 1939](/view/html/inforce/current/act-1939-040).\n> \n> > (2)\n> > \n> > > (a) This Act with the exception of sections 13 and 14 shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.\n> > \n> > > (b) Sections 13 and 14 shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette, but such day shall be a later day than the day appointed under paragraph (a).\n> \n> > (3) (Repealed)\n> \n> **s 1:** Am 1948 No 30, sec 32 (2) (a); 1975 No 41, sec 5 (b).","sortOrder":1},{"sectionNumber":"1A","sectionType":"section","heading":null,"content":"#### 1A\n\n1A (Repealed)","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> > (1) In this Act, unless the context or subject-matter otherwise indicates or requires—\n> > \n> > Area has the same meaning as it has in the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> > \n> > Council means the Library Council of New South Wales constituted under section 3.\n> > \n> > Elector has the same meaning as it has in the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> > \n> > Function includes a power, authority or duty, and exercise a function includes perform a duty.\n> > \n> > Information service means an information service provided, controlled or managed in conjunction with a library or library service.\n> > \n> > Investment pool means an investment pool established by the Council under section 5C (1).\n> > \n> > Library material includes book, periodical, newspaper and any other printed matter and also includes map, music, manuscript, picture, photographic plate and film and any other matter or thing on or by which words, sounds or images are recorded or reproduced.\n> > \n> > Local authority means a council within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> > \n> > Local library means a library in an area provided, controlled or managed by a local authority and includes a library provided, controlled or managed pursuant to section 12 or 12A and a library provided, controlled or managed by a local authority in conjunction with any other person.\n> > \n> > Member means a member of the Council.\n> > \n> > Prescribed means prescribed by this Act or the regulations.\n> > \n> > Regulations means regulations made under this Act.\n> > \n> > State Librarian means the person employed in the Public Service as the State Librarian.\n> > \n> > State Library means the State Library of New South Wales.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 2:** Am 1948 No 30, sec 32 (2) (b); 1975 No 41, sec 5 (d); 1977 No 81, Sch 1 (1); 1995 No 11, Sch 1.72 \\[1\\]; 2005 No 64, Sch 1.15 \\[1\\]–\\[3\\]; 2006 No 2, Sch 4.34 \\[1\\]; 2007 No 27, Sch 2.31; 2011 No 9, Sch 1 \\[1\\]; 2012 No 95, Sch 2.20; 2015 No 15, Sch 3.40 \\[1\\]; 2019 No 2, Sch 1 \\[1\\].","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"The Library Council of New South Wales","content":"# Part 2 The Library Council of New South Wales\n\nPart 2 The Library Council of New South Wales\n\n**pt 2, hdgs:** Subst 1975 No 41, sec 5 (e).","sortOrder":5},{"sectionNumber":"3","sectionType":"section","heading":"Constitution of Council","content":"#### 3 Constitution of Council\n\n3 Constitution of Council\n\n> > (1) There is hereby constituted a corporation under the corporate name of “Library Council of New South Wales”.\n> \n> > (2) The Council shall have and may exercise the functions conferred or imposed on it by or under this or any other Act.\n> \n> > (3) (Repealed)\n> \n> > (4) The Council shall be subject to the control and direction of the Minister in the exercise of a function conferred or imposed on it under Part 3 or 4 in relation to local libraries.\n> \n> **s 3:** Am 1974 No 24, sec 3. Subst 1975 No 41, sec 5 (f). Am 1987 No 48, Sch 32; 2005 No 64, Sch 1.15 \\[4\\]; 2019 No 2, Sch 1 \\[2\\] \\[3\\].","sortOrder":6},{"sectionNumber":"4","sectionType":"section","heading":"Appointment and procedure","content":"#### 4 Appointment and procedure\n\n4 Appointment and procedure\n\n> > (1) The Council is to consist of 10 members appointed by the Governor on the nomination of the Minister.\n> \n> > (2) Schedule 1 has effect.\n> \n> **s 4:** Subst 1975 No 41, sec 5 (f). Am 1987 No 201, Sch 1; 1989 No 110, Sch 1; 2000 No 53, Sch 4.2 \\[1\\]; 2025 No 39, Sch 3\\[1\\].","sortOrder":7},{"sectionNumber":"4A","sectionType":"section","heading":"Objects of Council","content":"#### 4A Objects of Council\n\n4A Objects of Council\n\n> The objects of the Council are—\n> \n> > (a) to promote, provide and maintain library services and information services for the people of New South Wales through the State Library and through co-operation with local libraries and other libraries and information agencies,\n> \n> > (b) to advise the Minister, local authorities and, when the Minister so approves, other bodies, on matters of policy and administration relating to library services and information services that are or may be provided through local libraries or other libraries, and\n> \n> > (c) to advise the Minister on the provision of assistance to local libraries or other libraries.\n> \n> **s 4A:** Ins 1975 No 41, sec 5 (f).","sortOrder":8},{"sectionNumber":"4B","sectionType":"section","heading":"Powers of Council","content":"#### 4B Powers of Council\n\n4B Powers of Council\n\n> > (1) The Council shall have, and may exercise such functions as are reasonably necessary for the attainment of its objects.\n> \n> > (2) Subject to this Act and the regulations, the Council shall have the control and management of all property vested in the Council.\n> \n> > (3) The Council may agree to any conditions being imposed on its acquisition of any property.\n> \n> > (4) Where, by gift inter vivos, devise or bequest, the Council acquires property without any condition it may retain the property in the form in which it is acquired.\n> \n> > (5) The rule of law relating to remoteness of vesting does not apply to a condition to which the Council has agreed pursuant to subsection (3).\n> \n> > (6) The [Duties Act 1997](/view/html/inforce/current/act-1997-123) does not apply to or in respect of any gift inter vivos, devise or bequest made or to be made to the State Library or the Council.\n> \n> > (7), (8) (Repealed)\n> \n> > (9) The Council may establish such committees as it thinks fit for the purpose of assisting it to exercise its functions.\n> \n> > (10) A person may be appointed to a committee whether or not the person is a member of the Council.\n> \n> > (11) The Council may provide, control and manage branches or departments of the State Library.\n> \n> > (12) The Council cannot employ any staff.\n> \n> **s 4B:** Ins 1975 No 41, sec 5 (f). Am GG No 50 of 18.3.1983, p 1255; 2005 No 64, Sch 1.15 \\[5\\]; 2006 No 2, Sch 4.34 \\[2\\]; 2015 No 15, Sch 3.40 \\[2\\]; 2019 No 2, Sch 1 \\[4\\] \\[5\\].","sortOrder":9},{"sectionNumber":"5","sectionType":"section","heading":"Duties of Council","content":"#### 5 Duties of Council\n\n5 Duties of Council\n\n> > (1) It shall be the duty of the Council—\n> > \n> > > (a) to make or cause to be made careful inquiry into the administration and management of every local library, library service and information service which is provided, controlled and managed (either directly or under an agreement or other arrangement to which it is a party) by a local authority which has adopted this Act,\n> > \n> > > (b) to cause every local library, library service and information service which is provided, controlled and managed (either directly or under an agreement or other arrangement to which it is a party) by a local authority which has adopted this Act, to be inspected from time to time,\n> > \n> > > (c) to report to the Minister as to the sums required to be provided in each year to meet the cost of subsidies payable under this Act,\n> > \n> > > (d) to make recommendations to the Minister as to—\n> > > \n> > > > (i) what local libraries, library services and information services should be subsidised under this Act,\n> > > \n> > > > (ii) what sum of money should be paid by way of subsidy under this Act to any local authority,\n> > > \n> > > > (iii) what conditions should be attached to the payment of subsidy under this Act to any local authority.\n> > \n> > > (e), (f) (Repealed)\n> \n> > (2) Subject to this section and section 4B, the Council shall invest any of its funds not immediately required for the purposes of the Council in any manner authorised by law for the investment of trust funds.\n> \n> > (2A) Subject to section 4B (4), the Council shall not deal with any property acquired by gift inter vivos, devise or bequest, or with any real property otherwise acquired, except with the approval of the Governor (which may be given in respect of any case or class of cases) or except in accordance with the condition subject to which the property was acquired.\n> \n> > (3) The Council shall exercise such other functions in relation to local libraries, library services and information services as the Minister may, from time to time, by writing under the Minister’s hand direct or as may be prescribed.\n> \n> **s 5:** Am 1975 No 41, sec 5 (g); 2005 No 64, Sch 1.15 \\[6\\]; 2011 No 9, Sch 1 \\[2\\]; 2019 No 2, Sch 1 \\[6\\].","sortOrder":10},{"sectionNumber":"5A","sectionType":"section","heading":"Staff","content":"#### 5A Staff\n\n5A Staff\n\n> Persons may be employed in the Public Service under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) to enable the Council to exercise its functions.\n> \n> Note.\n> \n> Section 59 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) provides that the persons so employed (or whose services the Council makes use of) may be referred to as officers or employees, or members of staff, of the Council.\n> \n> **s 5A:** Ins 1975 No 41, sec 5 (h). Rep GG No 50 of 18.3.1983, p 1255. Ins 2015 No 15, Sch 3.40 \\[3\\].","sortOrder":11},{"sectionNumber":"5B","sectionType":"section","heading":"Trust instruments apply notwithstanding secs 5C, 5D","content":"#### 5B Trust instruments apply notwithstanding secs 5C, 5D\n\n5B Trust instruments apply notwithstanding secs 5C, 5D\n\n> The terms of any instrument creating a trust with respect to a fund held by the Council shall have effect notwithstanding sections 5C and 5D.\n> \n> **ss 5B–5E:** Ins 1977 No 81, Sch 1 (2).","sortOrder":12},{"sectionNumber":"5C","sectionType":"section","heading":"Investment pools","content":"#### 5C Investment pools\n\n5C Investment pools\n\n> > (1) The Council may establish and maintain one or more investment pools for the collective investment of funds held by the Council whether or not those funds are, or any of those funds is, subject to a trust.\n> \n> > (2) The Council may from time to time bring into or withdraw from an investment pool the whole or any part of any fund referred to in subsection (1).\n> \n> > (3) Notwithstanding subsections (1) and (2), the Council shall not bring into or retain in an investment pool the whole or any part of a fund subject to a trust if the investments in which the capital of the investment pool is invested are not investments made in accordance with and subject to the [Trustee Act 1925](/view/html/inforce/current/act-1925-014) or any other Act authorising the investment of trust funds.\n> \n> **ss 5B–5E:** Ins 1977 No 81, Sch 1 (2).","sortOrder":13},{"sectionNumber":"5D","sectionType":"section","heading":"Distribution of income of investment pools","content":"#### 5D Distribution of income of investment pools\n\n5D Distribution of income of investment pools\n\n> > (1) The Council shall, at the time the whole or any part of a fund referred to in subsection (2) (a) is withdrawn from an investment pool, and, in any event, at least once a year, distribute the income of an investment pool.\n> \n> > (2) Where the Council distributes the income of an investment pool under subsection (1)—\n> > \n> > > (a) it shall, in respect of a fund the subject of a trust which specifies that the income from the investment of that fund shall be applied for a purpose other than the general purposes of the State Library, credit the income of that investment pool to the account kept by it in respect of that fund proportionately according to the value of that fund or part at the date of distribution and the period for which that fund or part has formed part of the capital of that investment pool, and\n> > \n> > > (b) it may, in respect of a fund, other than a fund referred to in paragraph (a), credit the income of that investment pool to any account kept by it.\n> \n> **ss 5B–5E:** Ins 1977 No 81, Sch 1 (2).","sortOrder":14},{"sectionNumber":"5E","sectionType":"section","heading":"Nature of funds not affected by pooling","content":"#### 5E Nature of funds not affected by pooling\n\n5E Nature of funds not affected by pooling\n\n> The inclusion in an investment pool of the whole or any part of a fund held by the Council does not affect—\n> \n> > (a) the identity of that fund or part, or\n> \n> > (b) any trust to which that fund or part is subject.\n> \n> **ss 5B–5E:** Ins 1977 No 81, Sch 1 (2).","sortOrder":15},{"sectionNumber":"6","sectionType":"section","heading":null,"content":"#### 6\n\n6–7 (Repealed)","sortOrder":16},{"sectionNumber":"7A","sectionType":"section","heading":"State Librarian","content":"#### 7A State Librarian\n\n7A State Librarian\n\n> > (1) The State Librarian is responsible for the administration and management of the State Library and the library services and information services provided in conjunction therewith.\n> \n> > (2) Where library services or information services are provided by the Council through co-operation with local libraries, other libraries (not including the State Library), or information agencies, the State Librarian is, to the extent (if any) to which the conditions subject to which those services are provided so provide, responsible for the administration or management of those services.\n> \n> > (3) The State Librarian shall be secretary to the Council.\n> \n> > (4) The State Librarian is, in the exercise of the State Librarian’s functions under this Act, subject to the control and direction of the Council.\n> \n> **s 7A:** Ins 1975 No 41, sec 5 (k). Am 2019 No 2, Sch 1 \\[7\\].","sortOrder":18},{"sectionNumber":"7B","sectionType":"section","heading":"Delegation by Council","content":"#### 7B Delegation by Council\n\n7B Delegation by Council\n\n> The Council may delegate the exercise of any function of the Council under this Act (other than this power of delegation) to—\n> \n> > (a) a member of the Council, or\n> \n> > (b) the State Librarian, or\n> \n> > (c) a member of staff of the Council.\n> \n> **s 7B:** Ins 1975 No 41, sec 5 (k). Am 2006 No 2, Sch 4.34 \\[4\\] \\[5\\]; 2015 No 15, Sch 3.40 \\[4\\]. Subst 2019 No 2, Sch 1 \\[8\\].","sortOrder":19},{"sectionNumber":"7BA","sectionType":"section","heading":"Personal liability","content":"#### 7BA Personal liability\n\n7BA Personal liability\n\n> A matter or thing done or omitted to be done by the Council, a member of the Council, the State Librarian or a person acting under the direction of the Council or the State Librarian does not, if the matter or thing was done or omitted to be done in good faith for the purposes of executing this Act, subject a member of the Council, the State Librarian or a person so acting personally to any action, liability, claim or demand.\n> \n> **s 7BA:** Ins 2012 No 95, Sch 1.10.","sortOrder":20},{"sectionNumber":"Part 2A","sectionType":"part","heading":"The State Library of New South Wales","content":"# Part 2A The State Library of New South Wales\n\nPart 2A The State Library of New South Wales\n\n**pt 2A (ss 7C–7E):** Ins 1975 No 41, sec 5 (1).","sortOrder":21},{"sectionNumber":"7C","sectionType":"section","heading":"Title of Library","content":"#### 7C Title of Library\n\n7C Title of Library\n\n> On and from the commencement of this section the institution that, immediately before that commencement, was known as the Library of New South Wales shall be the State Library of New South Wales.\n> \n> **pt 2A (ss 7C–7E):** Ins 1975 No 41, sec 5 (1).","sortOrder":22},{"sectionNumber":"7D","sectionType":"section","heading":"Annual endowment","content":"#### 7D Annual endowment\n\n7D Annual endowment\n\n> > (1) For the purpose of providing a statutory fund for the purchase of books, periodicals, publications and other requirements of the State Library, but exclusive of the payment of working expenses of the State Library, there shall be paid by the Treasurer to the Council, an annual endowment of such amount as Parliament approves.\n> \n> > (2) Any moneys payable by the Treasurer under this section shall be paid out of moneys provided by Parliament.\n> \n> **pt 2A (ss 7C–7E):** Ins 1975 No 41, sec 5 (1).","sortOrder":23},{"sectionNumber":"7E","sectionType":"section","heading":"Special donations","content":"#### 7E Special donations\n\n7E Special donations\n\n> > (1) The arrangements made and conditions agreed to by The Trustees of the Public Library of New South Wales with David Scott Mitchell and other persons or their legal representatives, and by The Council of the Library of New South Wales with any persons or their legal representatives, with respect to books, manuscripts, paintings, engravings and other library material handed over or donated by the said David Scott Mitchell or other persons for custody and management either in conjunction with other property of The Trustees of the Public Library of New South Wales or The Council of the Library of New South Wales or separately therefrom shall be carried out and observed by the Council.\n> \n> > (2) Without affecting the generality of section 4B (3), the Council may enter into any such arrangements and agree to such conditions as it may think fit with respect to books, manuscripts, paintings, engravings and other library material handed over to or donated to the State Library for custody or management either in conjunction with other property of the Council or separately therefrom.\n> \n> **pt 2A (ss 7C–7E):** Ins 1975 No 41, sec 5 (1).","sortOrder":24},{"sectionNumber":"Part 3","sectionType":"part","heading":"Local libraries","content":"# Part 3 Local libraries\n\nPart 3 Local libraries\n\n**pt 3, hdgs:** Subst 1975 No 41, sec 5 (m).","sortOrder":25},{"sectionNumber":"Division 1","sectionType":"division","heading":"Adoption of Act","content":"## Division 1 Adoption of Act\n\nDivision 1 Adoption of Act","sortOrder":26},{"sectionNumber":"8","sectionType":"section","heading":"Adoption or revocation of adoption","content":"#### 8 Adoption or revocation of adoption\n\n8 Adoption or revocation of adoption\n\n> > (1) This Act may be adopted by any local authority—\n> > \n> > > (a) by resolution of the local authority,\n> > \n> > > (b) by vote of the electors at a poll taken on the question whether the local authority shall adopt this Act.\n> \n> > (2) A local authority which has adopted this Act may, by resolution passed by the local authority after a proposal in that behalf has been approved by a poll of electors, revoke the adoption of this Act.\n> \n> > (3) Notice of the adoption of this Act or of the revocation of such adoption shall be given to the Council by the local authority concerned as soon as practicable after the adoption or the revocation, as the case may be.\n> \n> > (4) Where a local authority revokes the adoption of this Act an adjustment shall be made of the interests of the local authority and of the Crown in any property to the provision of which subsidy under this Act has contributed.\n> > \n> > Such adjustment shall be made by agreement between the local authority and the Council, or in default of agreement, in such manner as the Governor may determine.\n> \n> **s 8:** Am 1948 No 30, sec 32 (2) (c); 1975 No 31, sec 5 (n).","sortOrder":27},{"sectionNumber":"Division 2","sectionType":"division","heading":"Provisions applicable where Act adopted","content":"## Division 2 Provisions applicable where Act adopted\n\nDivision 2 Provisions applicable where Act adopted","sortOrder":28},{"sectionNumber":"9","sectionType":"section","heading":"Application of Division","content":"#### 9 Application of Division\n\n9 Application of Division\n\n> This Division shall apply to and in respect of local authorities which have adopted this Act.\n> \n> **s 9:** Am 1975 No 41, sec 5 (o).","sortOrder":29},{"sectionNumber":"10","sectionType":"section","heading":"Requirements as to services to be provided by local libraries","content":"#### 10 Requirements as to services to be provided by local libraries\n\n10 Requirements as to services to be provided by local libraries\n\n> > (1) A local authority must comply with and observe the following requirements in relation to any local library that is provided, controlled or managed by the local authority (either directly or under an agreement or other arrangement to which it is a party)—\n> > \n> > > (a) Residents and ratepayers entitled to free membership\n> > > \n> > > Any person who is a resident of the area of the local authority or a ratepayer of the local authority is entitled to membership of the library free of charge.\n> > \n> > > (b) Free access to certain materials on library premises\n> > > \n> > > Any person (whether or not a member of the library) is entitled free of charge to access any library material of the library and any information forming part of the information service of the library (other than information excepted from free access by guidelines issued by the Council) for use on the library premises.\n> > \n> > > (c) Free loans of certain library material to members\n> > > \n> > > Any person who is a member of the library is entitled to borrow free of charge from the library for use away from the library premises any library material of the library which has been classified by the librarian of the library as being of literary, informative or educational value or as being fiction.\n> > \n> > > (d) Free delivery to sick or disabled members\n> > > \n> > > No charge is to be made for the delivery to a member of the library of any library material or information that the member is entitled to borrow free of charge if the member for reasons of ill health or disability cannot reasonably be expected to attend the library in person.\n> > \n> > > (e) Free basic reference services to members\n> > > \n> > > Any person who is a member of the library is entitled to be provided free of charge with basic reference services (being any service classified by guidelines issued by the Council as a basic reference service), including assistance in locating information and sources of information.\n> > \n> > > (f) Restriction on use of State subsidy\n> > > \n> > > Any subsidy paid to the local authority under this Act must be expended in providing the services that are required by this section to be provided free of charge.\n> \n> > (2) An entitlement under this section to borrow library material from a library for use away from the library premises does not apply to any library material that is classified by the librarian of the library as reference material.\n> \n> > (3) If two or more local authorities have entered into arrangements for conferring reciprocal library entitlements on the residents and ratepayers of their areas, a resident or ratepayer of any of the areas concerned is for the purposes of this section to be considered to be a resident or ratepayer of each of the other areas concerned also.\n> \n> > (4) In this section—\n> > \n> > charge means any charge made directly or indirectly on a person but does not include a fee of not more than the amount prescribed for the late return of library material or a charge made for the loss of or damage to library material.\n> \n> > (5) The Council may issue guidelines to local authorities for the purposes of this section.\n> \n> **s 10:** Am 1970 No 86, sec 2; 1975 No 41, sec 5 (p); 1977 No 81, Sch 1 (4); 1989 No 132, Sch 2. Subst 1992 No 40, Sch 1 (1); 2005 No 64, Sch 1.15 \\[9\\]. Am 2011 No 9, Sch 1 \\[3\\]; 2025 No 48, Sch 1.5.","sortOrder":30},{"sectionNumber":"10A","sectionType":"section","heading":"Restrictions on borrowing entitlements and other matters","content":"#### 10A Restrictions on borrowing entitlements and other matters\n\n10A Restrictions on borrowing entitlements and other matters\n\n> > (1) Section 10 does not affect the operation of any regulation or by-law relating to the library to the extent that it is not inconsistent with a requirement of section 10 that an entitlement be provided free of charge.\n> \n> > (2) Section 10 does not prevent a local authority from determining—\n> > \n> > > (a) the maximum number of items of library material or the maximum number of items of library material of a particular class of library material that a person may borrow at any one time from the library for use on or away from the library premises, or\n> > \n> > > (b) the limitations, restrictions and conditions which may apply to the availability of any particular item of library material or class of library material for use on or away from the library premises.\n> \n> > (3) A determination under subsection (2)—\n> > \n> > > (a) must be consistent with the requirements of section 10 that an entitlement be provided free of charge, and\n> > \n> > > (b) must not differ, or have effect so as to differ, in its operation between members and non-members of the library (except as regards the payment of a charge by non-members).\n> \n> **s 10A:** Ins 1992 No 40, Sch 1 (1). Am 1995 No 11, Sch 1.72 \\[2\\]; 2005 No 64, Sch 1.15 \\[10\\] \\[11\\].","sortOrder":31},{"sectionNumber":"11","sectionType":"section","heading":"Library committee","content":"#### 11 Library committee\n\n11 Library committee\n\n> > (1) A local authority may from time to time constitute a library committee and may delegate to the library committee all or any of the powers and duties of the local authority in relation to the provision, control and management of libraries, library services and information services, except a power to borrow money, to make or levy a rate, to execute a deed or contract or an agreement under this Act, or to institute proceedings at law or in equity on behalf of the local authority.\n> \n> > (2) The members of the library committee shall be appointed by the local authority but need not be members of the local authority.\n> \n> > (3) A library committee shall exercise and perform its powers and duties subject to the control and direction of the local authority.\n> \n> > (4) The local authority may appoint any member of the committee to be the chairperson thereof and may from time to time remove such member from the member’s office as chairperson and appoint another member in the member’s place.\n> \n> > (5) The local authority may at any time dissolve a library committee or may, from time to time, reconstitute the library committee or revoke, amend or vary any delegation to a library committee.\n> \n> > (6) The local authority shall from time to time determine the number of members of the library committee which shall constitute a quorum at meetings of the library committee.\n> \n> > (7) The procedure for the calling of meetings of a library committee and for the conduct of business at such meetings shall, subject to any regulation made in relation thereto, be as determined by the library committee.\n> \n> **s 11:** Am 1975 No 41, sec 5 (q).","sortOrder":32},{"sectionNumber":"12","sectionType":"section","heading":"Agreements relating to local libraries","content":"#### 12 Agreements relating to local libraries\n\n12 Agreements relating to local libraries\n\n> > (1)\n> > \n> > > (a) Two or more local authorities may enter into an agreement whereby the local authority of one area undertakes the function of providing, controlling and managing libraries, library services or information services within the area or areas of the other local authority or local authorities.\n> > \n> > > (b) Any such agreement shall specify the terms and conditions upon which the libraries, library services or information services shall be so provided, controlled and managed.\n> > \n> > > (c) The local authority undertaking the function of providing, controlling and managing libraries, library services or information services pursuant to an agreement under this subsection shall have, in relation to the area or areas of the other contracting local authority or contracting local authorities, such of the powers and duties of a local authority relating to the provision, control and management of libraries, library services and information services as may be delegated to it by the agreement.\n> \n> > (2)\n> > \n> > > (a) Two or more local authorities may enter into an agreement whereby the local authority of one area undertakes to exercise, for and on behalf of the local authority or local authorities of any other area or areas, within such other area or areas, any specified power or duty of a local authority in relation to the provision, control and management of libraries, library services and information services.\n> > \n> > > (b) Any such agreement shall specify the terms and conditions upon which such power or duty shall be so exercised.\n> \n> > (3) Any agreement made under this section shall be made to have effect for a period to be specified therein.\n> \n> > (4) An agreement made under this section may provide that on termination of the agreement an adjustment shall be made of the interests of the several local authorities which are parties thereto in any property to the provision of which they have contributed and as to the mode in which the adjustment shall be arrived at.\n> \n> > (5) It shall be a term of every agreement made under this section, whether the agreement is made before or after the day appointed and notified under section 2 (2) of the [Library (Amendment) Act 1977](/view/pdf/asmade/act-1977-81), that any dispute arising under the agreement shall, on the application to the Council of a party to that agreement, be settled by arbitration by an arbitrator appointed by the Council.\n> \n> **s 12:** Am 1975 No 41, sec 5 (r); 1977 No 81, Sch 1 (5).","sortOrder":33},{"sectionNumber":"12A","sectionType":"section","heading":"Other arrangements relating to local libraries","content":"#### 12A Other arrangements relating to local libraries\n\n12A Other arrangements relating to local libraries\n\n> > (1) Without limiting section 12, 2 or more local authorities may, with the approval of the Minister, enter into an arrangement for the provision, control and management of any library, library service or information service in the area of any local authority that is a party to the arrangement.\n> \n> > (2) The Minister is not to approve such an arrangement without the agreement of the Minister for Local Government.\n> \n> **s 12A:** Ins 2011 No 9, Sch 1 \\[4\\].","sortOrder":34},{"sectionNumber":"13","sectionType":"section","heading":"Subsidy","content":"#### 13 Subsidy\n\n13 Subsidy\n\n> > (1) A local authority within whose area a library, library service or information service is provided, controlled and managed in accordance with this Act shall, subject to this Act, be entitled to subsidy under this section.\n> \n> > (2) A local authority shall be eligible for subsidy under this section if during the year for which the subsidy is payable it expends out of rate income upon the provision, control and management of libraries, library services and information services in its area, not less than the larger of the following amounts, namely—\n> > \n> > > (a) An amount equivalent to the product of a rate upon the unimproved capital value of all ratable land within its area—\n> > > \n> > > > (i) in the case of an area that (immediately before the commencement of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030)) was a municipality—of one-tenth of one cent in the dollar,\n> > > \n> > > > (ii) in the case of an area that (immediately before the commencement of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030)) was a shire—of one twenty-fifth of one cent in the dollar.\n> > \n> > > (b) An amount equivalent to the sum of ten cents for each person resident within the area of the local authority—\n> > \n> > Provided that in any case where the amount referred to in paragraph (a) is greater than an amount equivalent to the sum of fifteen cents for each person resident within the area of the local authority, the local authority shall be eligible for subsidy if it so expends not less than the last-mentioned amount.\n> \n> > (3) A local authority shall not be eligible for subsidy under this section unless the library, library service or information service so provided, controlled and managed is in the opinion of the Council reasonably capable of meeting the requirements of the persons resident in its area.\n> \n> > (3A) Where a local authority has failed to comply with the requirements of sections 10 and 10A during the year preceding the day on which it lodges an application for subsidy with the Council under section 14, the local authority shall not be eligible for subsidy for the year to which the application relates if the Minister so directs by order in writing served on the local authority.\n> \n> > (4) Where a local authority is eligible for subsidy under this section the subsidy payable to the local authority in respect of any year shall be—\n> > \n> > > (a) an amount equal to one-half of the total amount expended by the local authority on libraries, library services and information services in that year from—\n> > > \n> > > > (i) rate income, and\n> > > \n> > > > (ii) any advance against subsidy made by the Minister to the local authority in respect of that year, or\n> > \n> > > (b) an amount equivalent to the prescribed amount for each person resident within the area of the local authority,\n> > \n> > whichever is the less.\n> \n> > (5) An advance against subsidy may be made by the Minister to a local authority in any year in respect of which the Minister considers the local authority would, on the basis of the local authority’s estimated expenditure on libraries, library services and information services in that year from rate income, be eligible for subsidy under this section.\n> \n> > (5A) An advance against subsidy is payable subject to such conditions and at such times as the Minister may determine.\n> \n> > (6) The regulations shall prescribe the manner in which the number of persons resident within the area of a local authority is to be ascertained for the purposes of this section.\n> \n> **s 13:** Am 1952 No 29, sec 2; 1959 No 12, sec 2; 1965 No 33, First Sch; 1969 No 77, sec 2; 1971 No 49, sec 2; 1975 No 41, sec 5 (s); 1977 No 81, Sch 1 (6); 1984 No 153, Sch 16; 1992 No 40, Sch 1 (2); 1994 No 44, Sch 19; 2005 No 64, Sch 1.15 \\[12\\] \\[13\\].","sortOrder":35},{"sectionNumber":"14","sectionType":"section","heading":"Subsidy—how payable","content":"#### 14 Subsidy—how payable\n\n14 Subsidy—how payable\n\n> > (1) A local authority which claims to be entitled to subsidy under section 13 may lodge with the Council an application for payment of such subsidy.\n> \n> > (2) The Council shall consider such application and forward the same to the Minister together with its report and recommendation.\n> \n> > (3) Subsidy shall be payable out of moneys provided by Parliament.\n> \n> **s 14:** Am 1975 No 41, sec 5 (t).","sortOrder":36},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Legal deposit libraries","content":"# Part 3A Legal deposit libraries\n\nPart 3A Legal deposit libraries\n\n**pt 3A, hdg:** Ins 1975 No 41, sec 5 (u). Rep 2005 No 64, Sch 1.15 \\[14\\]. Ins 2019 No 2, Sch 1 \\[9\\].\n\n**pt 3A:** Ins 2019 No 2, Sch 1 \\[9\\].","sortOrder":37},{"sectionNumber":"14A","sectionType":"section","heading":"Definitions","content":"#### 14A Definitions\n\n14A Definitions\n\n> In this Part—\n> \n> legal deposit library means the following—\n> \n> > (a) the State Library,\n> \n> > (b) the Parliamentary Library,\n> \n> > (c) the Library of the University of Sydney.\n> \n> library material includes an electronic publication.\n> \n> relevant library material for a legal deposit library means library material relevant to the collection of the library.\n> \n> **ss 14A–14E:** Ins 2019 No 2, Sch 1 \\[9\\].","sortOrder":38},{"sectionNumber":"14B","sectionType":"section","heading":"Additional functions of legal deposit library","content":"#### 14B Additional functions of legal deposit library\n\n14B Additional functions of legal deposit library\n\n> In addition to any other functions of a legal deposit library, the library has the following functions—\n> \n> > (a) to identify relevant library material,\n> \n> > (b) to collect relevant library material,\n> \n> > (c) to maintain relevant library material as part of the collection of the library.\n> \n> **ss 14A–14E:** Ins 2019 No 2, Sch 1 \\[9\\].","sortOrder":39},{"sectionNumber":"14C","sectionType":"section","heading":"Legal deposit orders","content":"#### 14C Legal deposit orders\n\n14C Legal deposit orders\n\n> > (1) The head librarian of a legal deposit library may, by order in writing (a legal deposit order) served on a person who publishes library material in this State, direct the person to—\n> > \n> > > (a) deliver a copy of the material free of charge to the library, or\n> > \n> > > (b) make the material available to the library free of charge so that a copy can be made.\n> \n> > (2) A legal deposit order must identify the library material to which it applies by specifying the library material or specifying a class of library material.\n> \n> > (3) A legal deposit order may apply to library material that is not yet in existence at the time the order is made and may be of unlimited duration.\n> \n> > (4) A legal deposit order may specify a reasonable time within which library material must be delivered or made available for copying as required by the order.\n> \n> > (5) A legal deposit order requiring library material to be delivered to the library must specify the manner and form in which the material must be delivered.\n> \n> > (6) A person must not fail to comply with a legal deposit order.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (7) If a legal deposit order applies to more than one item of library material, a failure to comply with the order in relation to each item is a separate offence for the purposes of subsection (6).\n> \n> > (8) If a person fails to deliver library material or make it available for copying as required by a legal deposit order, a further legal deposit order may be made in relation to the library material.\n> \n> > (9) The regulations may make further provision for or with respect to legal deposit orders.\n> \n> **ss 14A–14E:** Ins 2019 No 2, Sch 1 \\[9\\].","sortOrder":40},{"sectionNumber":"14D","sectionType":"section","heading":"Collection of freely available relevant library material","content":"#### 14D Collection of freely available relevant library material\n\n14D Collection of freely available relevant library material\n\n> The head librarian of a legal deposit library may, despite any Act or law of this State, collect free of charge relevant library material for inclusion in the collection of the library if the material has been made freely available to members of the public by the publisher of the material.\n> \n> **ss 14A–14E:** Ins 2019 No 2, Sch 1 \\[9\\].","sortOrder":41},{"sectionNumber":"14E","sectionType":"section","heading":"Delegation","content":"#### 14E Delegation\n\n14E Delegation\n\n> The head librarian of a legal deposit library may delegate the exercise of any function of the head librarian under this Part (other than this power of delegation) to—\n> \n> > (a) any member of staff of the library, or\n> \n> > (b) any person, or any class of persons, authorised for the purposes of this section by the regulations.\n> \n> **ss 14A–14E:** Ins 2019 No 2, Sch 1 \\[9\\].","sortOrder":42},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous\n\n**pt 4, hdg:** Am 1948 No 30, sec 32 (2) (d). Rep 2005 No 64, Sch 1.15 \\[14\\]. Ins 2005 No 64, Sch 1.15 \\[15\\].","sortOrder":43},{"sectionNumber":"14F","sectionType":"section","heading":"Service of documents","content":"#### 14F Service of documents\n\n14F Service of documents\n\n> > (1) A document that is authorised or required by this Act or the regulations to be served on any person may be served by any of the following methods—\n> > \n> > > (a) in the case of an individual—by personal delivery to the person,\n> > \n> > > (b) by post to the address specified by the person for the service of documents of that kind,\n> > \n> > > (c) in the case of an individual who has not specified such an address—by post to the residential or business address of the person last known to the person serving the document,\n> > \n> > > (d) in the case of a corporation—by post to the registered office or any other office of the corporation or by leaving it at any such office with a person apparently over the age of 16 years,\n> > \n> > > (e) by email to an email address specified by the person for the service of documents of that kind,\n> > \n> > > (f) by any other method authorised by the regulations for the service of documents of that kind.\n> \n> > (2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on a person by any other method.\n> \n> > (3) In this section, serve includes give or send.\n> \n> **s 14F:** Ins 2019 No 2, Sch 1 \\[10\\].","sortOrder":44},{"sectionNumber":"15","sectionType":"section","heading":"Regulations","content":"#### 15 Regulations\n\n15 Regulations\n\n> > (1) The Governor may make regulations not inconsistent with this Act prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) Without prejudice to the generality of subsection (1) regulations may be made for or with respect to—\n> > \n> > > (a) the management and control of the State Library and local libraries that are in the areas of local authorities that have adopted this Act and have not revoked the adoption of this Act,\n> > \n> > > (b)–(d) (Repealed)\n> > \n> > > (e) regulating the use of libraries so as to protect the library and the fittings, furniture and contents thereof from injury, destruction or misuse,\n> > \n> > > (f) the giving by a person using the library of any guarantee or security against loss of or injury to any item of library material and the payment of compensation, whether by reference to the value of the item or to any other prescribed matter, for any such loss or injury,\n> > \n> > > (g) regulating the conduct of persons using a library and providing for the exclusion or removal from a library of persons committing any offence against the regulations,\n> > \n> > > (h) the making of charges in prescribed cases for the use of a library, library service or information service and the granting of approval by the Council to any such charge,\n> > \n> > > (i) authorising the Council or a local authority to provide, control and manage, subject to such conditions as may be prescribed, a library, library service or information service (in conjunction with any library, library service or information service being provided, controlled and managed by the Council or the local authority) at any school, hospital or other institution not open to the public,\n> > \n> > > (j) the admission or exclusion of the public or any person to or from a library or any branch or department or part thereof,\n> > \n> > > (k) the management of the various branches or departments of a library,\n> > \n> > > (l) prescribing the conditions subject to which the use or reading of library material or the loan thereof or the making of copies or extracts therefrom may be allowed,\n> > \n> > > (m) regulating the conduct of the proceedings of the Council, including the times, places and conduct of its meetings, and\n> > \n> > > (n) the perusal and examination of books, manuscripts, paintings, engravings and other library material referred to in section 7D.\n> \n> > (2A) Regulations may be made so as to—\n> > \n> > > (a) apply to and in respect of one or more of the following corporations and places—\n> > > \n> > > > (i) the Council,\n> > > \n> > > > (ii) the State Library,\n> > > \n> > > > (iii) local authorities that have adopted this Act and have not revoked the adoption of this Act, and\n> > > \n> > > > (iv) local libraries that are in the areas of the local authorities referred to in subparagraph (iii), or\n> > \n> > > (b) apply differently according to such factors as may be specified in the regulations.\n> \n> > (2B) A regulation may authorise any matter or thing to be from time to time determined, applied or regulated by any person or body specified therein.\n> \n> > (3) The regulations may impose a penalty not exceeding 2 penalty units for any breach of the regulations.\n> \n> > (3A) Proceedings for an offence against the regulations are to be dealt with summarily before the Local Court.\n> \n> > (4) Where any by-law, ordinance or regulation made under any Act is inconsistent with any regulation made under this Act the provisions of the regulation made under this Act shall prevail, and the provisions of the first-mentioned by-law, ordinance or regulation shall, to the extent of the inconsistency, have no force or effect.\n> \n> > (5) (Repealed)\n> \n> **s 15:** Am 1975 No 41, sec 5 (v); 1987 No 48, Sch 32; 1989 No 132, Sch 2 (am 1990 No 108, Sch 2); 1992 No 112, Sch 1; 2001 No 121, Sch 2.137; 2005 No 64, Sch 1.15 \\[16\\]–\\[19\\]; 2007 No 94, Sch 2.","sortOrder":45},{"sectionNumber":"16","sectionType":"section","heading":null,"content":"#### 16\n\n16 (Repealed)","sortOrder":46},{"sectionNumber":"17","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 17 Savings and transitional provisions\n\n17 Savings and transitional provisions\n\n> Schedule 2 has effect.\n> \n> **s 17:** Rep 1948 No 30, sec 32 (2) (e). Ins 2000 No 53, Sch 4.2 \\[2\\].","sortOrder":48},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Composition and procedure of the Council","content":"# Schedule 1 Composition and procedure of the Council\n\nSchedule 1 Composition and procedure of the Council\n\n**sch 1 (previously Sch):** Ins 1975 No 41, sec 5 (w). Am 1977 No 81, Sch 1 (8); 1987 No 201, Sch 1; 1989 No 110, Sch 1; 1989 No 132, Sch 2. Renumbered 2000 No 53, Sch 4.2 \\[3\\]. Am 2003 No 40, Sch 1.24 \\[1\\]–\\[4\\]; 2005 No 64, Sch 1.15 \\[21\\] \\[22\\]; 2006 No 120, Sch 1.18; 2009 No 56, Sch 1.23 \\[1\\]; 2015 No 15, Sch 3.40 \\[5\\]; 2025 No 39, Sch 3\\[2\\]–\\[4\\].","sortOrder":49},{"sectionNumber":"7","sectionType":"section","heading":"Vacation of office","content":"#### 7 Vacation of office\n\n7 Vacation of office\n\n> A member shall be deemed to have vacated the member’s office if the member—\n> \n> > (a) dies,\n> \n> > (b) resigns the member’s office by writing under the member’s hand addressed to the Minister,\n> \n> > (c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s salary, or estate, for their benefit,\n> \n> > (d) becomes a mentally incapacitated person,\n> \n> > (e) is absent from three consecutive ordinary meetings of the Council of which notice has been given to the member personally or in the ordinary course of post and is not before the expiration of six weeks after the latest of those meetings excused by the Council for the member’s absence from the meetings,\n> \n> > (f) (Repealed)\n> \n> > (g) is removed from office by the Governor, or\n> \n> > (h) (Repealed)","sortOrder":56},{"sectionNumber":"8A","sectionType":"section","heading":"Disclosure of pecuniary interests","content":"#### 8A Disclosure of pecuniary interests\n\n8A Disclosure of pecuniary interests\n\n> > (1) If—\n> > \n> > > (a) a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Council, and\n> > \n> > > (b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,\n> > \n> > the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Council.\n> \n> > (2) A disclosure by a member at a meeting of the Council that the member—\n> > \n> > > (a) is a member, or is in the employment, of a specified company or other body, or\n> > \n> > > (b) is a partner, or is in the employment, of a specified person, or\n> > \n> > > (c) has some other specified interest relating to a specified company or other body or to a specified person,\n> > \n> > is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).\n> \n> > (3) Particulars of any disclosure made under this clause must be recorded by the Council in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the Council.\n> \n> > (4) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Council otherwise determines—\n> > \n> > > (a) be present during any deliberation of the Council with respect to the matter, or\n> > \n> > > (b) take part in any decision of the Council with respect to the matter.\n> \n> > (5) For the purposes of the making of a determination by the Council under subclause (4), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not—\n> > \n> > > (a) be present during any deliberation of the Council for the purpose of making the determination, or\n> > \n> > > (b) take part in the making by the Council of the determination.\n> \n> > (6) A contravention of this clause does not invalidate any decision of the Council.\n> \n> > (7) This clause applies to a member of a committee of the Council and the committee in the same way as it applies to a member of the Council and the Council.","sortOrder":58},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 2 Savings and transitional provisions\n\nSchedule 2 Savings and transitional provisions\n\n(Section 17)\n\n**sch 2:** Ins 2000 No 53, Sch 4.2 \\[4\\]. Am 2009 No 56, Sch 1.23 \\[2\\]; 2019 No 2, Sch 1 \\[11\\].","sortOrder":63}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1939 purpose. Initially focused on establishing a state library board and basic local library subsidies, it has grown to include: (1) detailed investment pool mechanisms for managing library funds (1977), (2) comprehensive legal deposit requirements for preserving published works (2019), (3) complex subsidy eligibility formulas with compliance conditions, (4) information services alongside traditional library services, and (5) extensive governance and procedural rules for the Council. The 2019 amendments in particular added an entirely new Part 3A creating a statutory legal deposit scheme that previously existed only under the Copyright Act 1879, representing a significant expansion of the Act's cultural preservation role."},"complexity_factors":["Multiple amendment layers with extensive historical revision notes (dating back to 1939, with major rewrites in 1975, 1977, 2005, 2011, 2019)","Cross-references to external legislation including Local Government Act 1993, Government Sector Employment Act 2013, Trustee Act 1925, and Duties Act 1997","Nested conditional logic in subsidy calculations (section 13) with multiple thresholds and alternative formulas based on municipal vs shire status and per-capita calculations","Complex transitional provisions in Schedule 2 preserving rights and property transfers from predecessor bodies dating back to 1975","Detailed procedural requirements for the Council including disclosure of interests, delegation powers, and meeting conduct rules","Interaction between state oversight and local authority autonomy creates layered governance structure"],"plain_english_summary":"This law sets up the framework for public libraries in New South Wales. It creates the **Library Council of New South Wales** — a government body that oversees library services across the state.\n\n**What the Council does:**\n- Runs the **State Library of New South Wales** (the main state library)\n- Advises the government on library policy\n- Works with **local councils** to support public libraries in local communities\n- Can receive donations and gifts of books, art and other materials\n- Manages investment pools for library funds\n\n**Local libraries:**\n- Local councils can choose to \"adopt\" this Act to get state government **subsidies** (financial help) for running local libraries\n- To get the subsidy, councils must meet certain standards — like providing **free membership** to residents and ratepayers, **free access** to materials on library premises, and **free loans** of books and educational materials\n- Councils can team up with neighbouring councils to share library services\n\n**Legal deposit (new in 2019):**\n- The State Library, Parliamentary Library and University of Sydney Library can require publishers to give them free copies of published material (including digital publications) to preserve for the public record\n\n**Who it affects:**\n- Anyone who uses public libraries in NSW\n- Local councils running libraries\n- Publishers (who must deposit copies of their works)\n- The Library Council members and staff\n\n**Why it matters:**\nThis law ensures that NSW residents have access to free public library services and that important cultural and historical publications are preserved for future generations. It creates a partnership between state and local government to fund and maintain these services."},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"While originally enacted in 1939 to establish a basic public library framework, the numerous amendments over the decades (particularly from 2003 onwards) suggest the Act's scope has evolved significantly — likely expanding to address digital resources, modern governance structures, and contemporary funding arrangements that were not contemplated in the original 1939 legislation."},"complexity_factors":["The document provided is only the status/metadata page of the legislation — no substantive content (sections, provisions, definitions) is included, limiting full analysis","The Act has been amended over 15 times since 2000, creating a layered history that requires cross-referencing multiple versions","There are uncommenced amendments (2006 Budget Measures Act) creating uncertainty about the complete current state of the law","A pending 2026 amendment bill signals further upcoming changes","As an 80+ year old piece of legislation, it may contain archaic drafting styles and outdated terminology requiring interpretation"],"plain_english_summary":"The NSW Library Act 1939 is the state law (administered by the Minister for the Arts) that provides the legal framework for public library services in NSW — how libraries are established, funded and run, and who can access them. \n\nIt affects residents, local councils, library staff and the State Library of NSW by underpinning free public library access and council obligations. The Act has been amended repeatedly (latest Oct 2025), with a Library Amendment Bill 2026 pending and some 2006 budget amendments not yet in force."},"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"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s scope has been expanded since its original form. Notable additions include a legal deposit regime covering electronic publications and head‑librarian orders (ss 14A–14E, ins. 2019), investment‑pool and trust provisions (ss 5B–5E, ins. 1977), and modernised staff/delegation arrangements (ss 5A, 7B). Core obligations on local authorities and the subsidy framework remain but operate alongside these new financial, compliance and collection powers (see ss 10, 13, 14C)."},"complexity_factors":["Multiple institutional roles and layers: Library Council, State Library, State Librarian, local authorities, legal deposit libraries, and Ministerial control (see ss 3, 7A, pt 3A).","Detailed subsidy eligibility and calculation tied to local rate income and population with conditional Ministerial orders and advances (see ss 13–14).","Operational constraints and delegated powers: Council may delegate functions, but cannot employ staff directly; staff come from Public Service (see ss 4B(12), 5A, 7B).","Investment and trust rules allow pooled investments yet preserve trust terms and Trustee Act constraints (see ss 5B–5E, 5C(3)).","Legal deposit regime: head librarians can issue written orders, cover future and electronic publications, impose compliance timeframes and a penalty (see ss 14A–14C).","Extensive regulation-making power with penalties and application across different bodies and places (see s 15 and ss 15(2A), (2B)).","Governance and conflict rules: appointment, removal, term limits, disclosure of pecuniary interests, quorum and meeting procedures (see s 4, Schedule 1 clauses 1–9, 8A).","Cross-references to other Acts and transitional provisions that affect interpretation and application (e.g. Local Government Act, Trustee Act, Government Sector Employment Act) (see s 2 definitions; Sch 2).","Mixture of prescriptive duties (e.g. free services under s 10) and broad discretionary powers (Ministerial directions, Council recommendations) increasing administrative judgment calls (see ss 3, 5(3), 10, 13(3A))."],"plain_english_summary":"This Act creates the Library Council of New South Wales and the State Library, sets their powers and duties, and prescribes how local authorities that adopt the Act must run local libraries (free membership, on-site access, certain free loans and reference services). It establishes subsidy rules tied to local rate expenditure and parliamentary funding, and gives designated legal deposit libraries power to require copies of published material (including electronic) with penalties for non‑compliance. It affects the Council, State Librarian, local councils, library users and publishers, and sets funding and compliance rules."}},"importantCases":[],"_links":{"self":"/api/acts/library-act-1939","history":"/api/acts/library-act-1939/history","analysis":"/api/acts/library-act-1939/analysis","conflicts":"/api/acts/library-act-1939/conflicts","importantCases":"/api/acts/library-act-1939/important-cases","documents":"/api/acts/library-act-1939/documents"}}