This Act establishes and organises Tasmania’s State Library Service: it appoints a Secretary to run and manage library operations, creates an advisory Board, a Trust and an Allport Management Committee, and authorises regulations and a legal‑deposit requirement for publishers. It also creates a framework by which the Minister may issue guidelines and the Secretary may charge fees for specified (non‑basic) services, affecting library users, publishers, and public officials involved in governance and delivery.
The Libraries Act 1984 establishes the State Library Service in Tasmania, sets up its institutional architecture, creates governance bodies and fiduciary arrangements, prescribes certain service and deposit obligations, and authorises fees, regulations and penalties. Mechanically it does the following.
Establishes the State Library Service (s 4) and defines its core objects in functional terms through the Secretary, whose statutory functions include providing library services, coordinating and controlling the State Library Service, collecting and making publicly available books about the State subject to the Archives Act 1983, and taking care and control of library premises and property (s 6(1)(a)-(d); s 6(2)).
Confers broad executive powers on the Secretary to do all things necessary to perform those functions, and lists specific powers such as making arrangements with other bodies, lending or making available library property on terms, acquiring or accepting transfers of libraries, disposing of property subject to s 18, and providing services on terms the Minister may determine (s 7(1)-(3)(a)-(k)).
Constitutes the Tasmanian Library Advisory Board (the Board) with detailed membership rules, appointment mechanics and procedural provisions in Schedule 1 (s 11; Schedule 1).
Establishes a State Library and Archives Trust (the Trust) and an Allport Library and Museum of Fine Arts Management Committee, including their membership, appointments and powers to accept gifts/bequests and to act as custodians (ss 16-21; ss 17, 20; ss 17A, 21A).
Creates a deposit requirement for publishers of books published in the State to deliver a copy to the Secretary within one month, prescribes the required standard of the copy, and makes non‑compliance an offence (s 22(1)-(6)).
Current sections
Direct links to the current provisions in Libraries Act 1984.
Board means the Tasmanian Library Advisory Board constituted under section 11 ;
book means any book, periodical, newspaper, printed matter, map, plan, music, manuscript, picture, print, motion picture, sound recording, photographic negative or print, microphotograph, video recording, and any other matter or thing whereby words, sounds, or images are recorded or reproduced;
State Library Service means the system of libraries and library services operated throughout the State and established by this Act;
Trust means the State Library and Archives Trust established under section 16 .
4
State Library Service
4 State Library Service
*[Section 4 Amended by No. 14 of 1994, s. 5 ]*For the purpose of providing, promoting, and advancing, a library service in Tasmania there is established a State Library Service.
Part II
[Part II Heading substituted by No. 14 of 1994, s. 6 ]State Library Service
Part II [Part II Heading substituted by No. 14 of 1994, s. 6 ]State Library Service
Division 1
[Part II, Div. 1 Heading inserted by No. 14 of 1994, s. 6 ]Functions and powers of Secretary
Division 1 [Part II, Div. 1 Heading inserted by No. 14 of 1994, s. 6 ]Functions and powers of Secretary
5
Appointment of persons
5 Appointment of persons
[Section 5 Subsection (4) amended by No. 14 of 1994, s. 7 ]
(1) [Section 5 Subsection (1) omitted by No. 14 of 1994, s. 7 ]. . . . . . . .
(2) [Section 5 Subsection (2) omitted by No. 5 of 1990, s. 3 and Sched. 1 ]. . . . . . . .
(1) *[Section 6 Subsection (1) amended by No. 14 of 1994, s. 8 ]*The functions of the Secretary under this Act are as follows:
(a) to provide library services in the State;
(b) to co-ordinate, direct, and control the management of the State Library Service in the State;
(c) subject to the Archives Act 1983 , to collect and make available for use by the public books relating to the history and development of the State;
(d) to undertake the care and control of –
(i) any land or premises occupied for the purposes of the State Library Service; and
(ii) the books and other personal property in the ownership or possession of the State Library Service;
(e) such other functions as the Minister may, from time to time, determine.
(2) *[Section 6 Subsection (2) amended by No. 14 of 1994, s. 8 ]*The Secretary shall take such measures as he considers necessary to ensure the provision of an efficient library service in the State.
7
Powers of Secretary
7 Powers of Secretary
[Section 7 Subsection (3) amended by No. 30 of 1995, s. 3 and Sched. 1 ]
(1) *[Section 7 Subsection (1) amended by No. 14 of 1994, s. 9 ]*The Secretary may do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of his functions under this Act.
(2) [Section 7 Subsection (2) amended by No. 14 of 1994, s. 9 ]Subsection (1) is not limited by any other provision of this Act conferring a power on the Secretary.
(3) *[Section 7 Subsection (3) amended by No. 14 of 1994, s. 9 ]*The Secretary has power, for or in connection with the performance of his functions –
(a) to make arrangements with the Parliamentary Library Committee for the provision of legislative reference services and other library services for the officers and members of Parliament;
(c) to make arrangements with local authorities for the purpose of providing libraries and library services for officers and employees of such authorities on such terms and conditions as may be agreed from time to time;
(d) to lend or make available to any person, society, institution, or body, on such terms and conditions as he thinks fit, any books or other personal property, other than property referred to in clause 4 of Schedule 5 , of which he has the care and control;
(e) to provide, on such terms and conditions as the Minister may determine, library services in addition to those referred to above, as may be desirable;
(f) to provide, on such terms and conditions as the Minister may determine, acquisition, cataloguing, and processing services, consultative and advisory services, and information services, to any library in the State;
(g) to permit any person, society, institution, or body, on and subject to such terms as he may determine, to make use of any premises under his control;
(h) to receive or purchase any books or other personal property for the purposes of this Act;
(i) to accept the transfer to the State of any library on such terms and conditions as the Minister agrees;
(j) subject to section 18 , to dispose of by way of sale, exchange, or otherwise, books or other personal property no longer required for the purposes of this Act on such terms and conditions as the Minister may determine; and
(k) to collate and disseminate information relating to libraries and library services.
8
Consultation by Secretary
8 Consultation by Secretary
*[Section 8 Amended by No. 14 of 1994, s. 10 ]*Before exercising any of his powers under this Act, the Secretary may consult with –
[Part II, Div. 2 Heading inserted by No. 14 of 1994, s. 11 ]Fees and municipal contributions
Division 2 [Part II, Div. 2 Heading inserted by No. 14 of 1994, s. 11 ]Fees and municipal contributions
9
Library services to be free except in certain cases
9 Library services to be free except in certain cases
*[Section 9 Repealed by No. 5 of 1990, s. 3 and Sched. 1 ]*Except as provided by sections 9A and 9B , the services of the State Library Service are to be provided free of charge.
9A
Minister may issue guidelines for charging library fees
9A Minister may issue guidelines for charging library fees
[Section 9A Inserted by No. 14 of 1994, s. 11 ]
(1) The Minister may, in accordance with this section, issue guidelines for the charging of fees for certain library services.
(2) The guidelines –
(a) are to be prepared in accordance with the criteria set out in Schedule 4A ; and
(b) may provide for any matter specified in the guidelines to be from time to time determined, applied or regulated by the Secretary; and
(c) may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the guidelines; and
(d) are to specify the date on which they are issued.
(a) cause a copy of the guidelines to be kept in the public area of each building or mobile facility from which library services are provided to the public; and
(b) ensure that any library user who wishes to do so may inspect the guidelines free of charge in that building or mobile facility.
(5) The Secretary may cause the guidelines to be published from time to time in each or any newspaper that is published and circulated generally in Tasmania or in the Gazette.
(6) Any person may make representations to the Minister in respect of the guidelines.
(7) The Minister may, not more frequently than once in each 12 month period, revoke the guidelines and issue new guidelines in accordance with this section.
Secretary may charge library fees in accordance with guidelines
9B Secretary may charge library fees in accordance with guidelines
[Section 9B Inserted by No. 14 of 1994, s. 11 ]
(1) In this section
prescribed library service means a library service specified in the guidelines as a library service in respect of which a fee may be charged.
(2) The Secretary may, in accordance with the guidelines, charge or authorize the charging of a fee for the provision of a prescribed library service.
(3) The Secretary may determine, in a case to which subsection (2) applies, that the service is not to be provided until the person requesting the service pays or agrees to pay for that service within a specified time and in a specified manner.
(4) If the amount of a fee charged for the provision of a library service is not paid within the time specified for its payment it may be recovered, from the person who requested the service, as a debt due to the Crown.
9C
Review of charges
9C Review of charges
[Section 9C Inserted by No. 14 of 1994, s. 11 ]
(1) A person who is of the opinion that a fee charged for a library service provided to that person is not in accordance with the guidelines may apply to the Secretary to have the charge or the amount of the fee reviewed.
(b) made within 21 days after the date on which the applicant was advised or notified of the charge.
(3) On receiving an application under subsection (1) , the Secretary –
(a) may make, or cause to be made, such enquiries in respect of the application as the Secretary considers necessary or appropriate; and
(b) must, after considering any matters put by the applicant and having regard to the guidelines, make a determination in respect of the application.
(4) For the purposes of subsection (3) , the Secretary may make a determination to –
(a) affirm the charging of a fee; or
(b) authorize a partial refund of a fee; or
(c) authorize a full refund of a fee.
(5) Nothing in this section authorizes the Secretary to increase the amount of a fee charged for a library service consequent on a review of that fee.
(6) A determination under subsection (3) is to be made as soon as practicable and in any event not later than 21 days after the application is received by the Secretary.
(7) The Secretary is to give an applicant written notice of a determination and any refund due to the applicant within 14 days after the date of the determination.
(8) The Secretary is not required to comply with this section in respect of an application if –
(a) the Secretary reasonably determines that the application is vexatious or trivial; and
(b) the Secretary notifies the applicant of that determination.
(9) The Secretary is to cause notice of the rights of library users under this section and section 9A(4)(b) to be displayed in a conspicuous position in the public area of each building or mobile facility from which library services are provided to the public.
10.
10.
[Section 10 Substituted by No. 110 of 1987, s. 4 ][Section 10 Substituted by No. 40 of 1990, s. 14 ][Section 10 Subsection (1) amended by No. 14 of 1994, s. 12 ][Section 10 Subsection (3) amended by No. 14 of 1994, s. 12 ][Section 10 Subsection (4) amended by No. 14 of 1994, s. 12 ][Section 10 Subsection (5) amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 10 Subsection (8) amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 10 Repealed by No. 65 of 2003, s. 9, Applied:01 Jul 2004]
Part III
[Part III Heading substituted by No. 14 of 1994, s. 13 ]Tasmanian Library Advisory Board
Part III [Part III Heading substituted by No. 14 of 1994, s. 13 ]Tasmanian Library Advisory Board
11
Tasmanian Library Advisory Board
11 Tasmanian Library Advisory Board
(1) There is constituted by this Act a Board to be known as the Tasmanian Library Advisory Board.
(2) *[Section 11 Subsection (2) substituted by No. 14 of 1994, s. 14 ]**[Section 11 Subsection (2) amended by No. 88 of 1995, s. 41 and Sched. 1 ]*The Board consists of –
(4) *[Section 11 Subsection (4) substituted by No. 14 of 1994, s. 14 ]*The Minister may require the body referred to in subsection (2)(b) to submit a list of names within a specified period, being a period of not less than 6 weeks.
(5) *[Section 11 Subsection (5) inserted by No. 14 of 1994, s. 14 ]*If the body referred to in paragraph (b) of subsection (2) fails to comply with subsection (4) the Minister may nominate persons for the purposes of that paragraph.
(6) *[Section 11 Subsection (6) substituted by No. 14 of 1994, s. 14 ]*If the body referred to in paragraph (b) of subsection (2) changes its name, the Governor may, by order, amend that paragraph by substituting the body's new name.
(7) *[Section 11 Subsection (7) substituted by No. 14 of 1994, s. 14 ]*If the body referred to in paragraph (b) of subsection (2) ceases to exist, the Governor, on the recommendation of the Minister may, by order, amend that paragraph by substituting the name of a body which the Governor is satisfied substantially represents the interests represented by the first-mentioned body.
(8A) *[Section 11 Subsection (8A) inserted by No. 14 of 1994, s. 14 ]*The Secretary, at the invitation of the Board or otherwise, may attend any meeting of the Board.
(9) Schedule 1 has effect with respect to the membership and meetings of the Board.
12
Functions of Board
12 Functions of Board
*[Section 12 Amended by No. 100 of 1986, s. 5 ][Section 12 Amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 12 Amended by No. 14 of 1994, s. 15 ]*The functions of the Board are as follows:
(b) to advise the Minister and the Secretary on the administration of this Act;
(c) to advise the Minister and the Secretary on such other matters as it thinks fit;
(d) to make recommendations to the Minister in respect of such matters as it thinks fit or in respect of such matters as the Minister may require;
(e) to advise the Minister and the Secretary on policies affecting the delivery of library services;
(ea) to advise the Minister and the Secretary on issues affecting the provision of reference and information services by the State Library Service including, in particular, the public's right of access to information and ideas;
(f) to submit to the Secretary as soon as practicable after 30th June in each financial year, a report of its affairs and activities in relation to that financial year.
(1) There is established by this Act a Trust to be known as the State Library and Archives Trust.
(2) *[Section 16 Subsection (2) amended by No. 14 of 1994, s. 19 ]*The Trust shall consist of 5 persons of whom –
(a) one person shall be the chairman of the Board who shall be the chairman of the Trust;
(b) one shall be a person nominated by the Public Trustee;
(c) one shall be a person who, in the opinion of the Minister, has knowledge of and experience in law;
(d) one shall be the person for the time being holding, in the Department, an office or position nominated by the Secretary; and
(e) one shall be the State Archivist.
(3) The members of the Trust referred to in subsection (2)(b) and (c) shall be appointed by the Minister.
(4) If a nomination required by subsection (2)(b) is not made within 30 days after it is required to be made, the Minister may appoint a person as a member of the Trust.
(6) Schedule 3 has effect with respect to the membership and meetings of the Trust.
17
Powers of the Trust
17 Powers of the Trust
(1) The Trust may, with the approval of the Minister, acquire on behalf of the Crown by gift, bequest, or devise any property for the purposes of this Act and may agree to any condition to which any such gift, bequest, or devise may be subject.
(2) The rule of equity known as the rule against perpetuities or the rule against remoteness of vesting does not apply to a condition to which a gift, bequest, or devise is subject and to which the Trust has agreed.
Power of Trust to authorize Public Trustee or trustee company as custodian trustee
17A Power of Trust to authorize Public Trustee or trustee company as custodian trustee
[Section 17A Inserted by No. 100 of 1986, s. 6 ]
(1) The Trust may, with the approval of the Minister, authorize The Public Trustee or a trustee company to hold any property of the Trust as a custodian trustee.
(2) The Public Trustee or a trustee company shall deal with any property of the Trust held by it as a custodian trustee pursuant to subsection (1) in accordance with the Trustee Companies Act 1953 but subject to such directions as the Trust may determine from time to time.
(3) *[Section 17A Subsection (3) amended by No. 20 of 1995, s. 5 and Sched. 3 ]*In this section –
The Public Trustee has the meaning assigned to that expression in the Public Trustee Act 1930 ;
*[Section 18 Amended by No. 5 of 1990, s. 3 and Sched. 1 ]**[Section 18 Amended by No. 14 of 1994, s. 20 ]*The functions of the Trust are as follows:
(a) to administer any property acquired by it by gift, bequest, or devise according to the terms, if any, of the instrument which gives effect to any such gift, bequest, or devise;
(b) to ensure that any condition to which such a gift, bequest, or devise is subject is complied with; and
(c) to submit to the Secretary, as soon as practicable after 30th June in each financial year, a report of its affairs and activities in relation to that financial year.
Part V
Allport Library and Museum of Fine Arts Management Committee
Part V Allport Library and Museum of Fine Arts Management Committee
19
Allport Library and Museum of Fine Arts Management Committee
19 Allport Library and Museum of Fine Arts Management Committee
(1) There is established by this Act a Management Committee to be known as the Allport Library and Museum of Fine Arts Management Committee.
(2) *[Section 19 Subsection (2) amended by No. 14 of 1994, s. 21 ]*The Management Committee shall consist of 5 members of whom –
(4) The members of the Management Committee referred to in subsection (2)(a) , (b) , and (c) shall be appointed by the Minister.
(5) If a nomination required by subsection (2) is not made within 30 days after the relevant body is required to make the nomination, the Minister may appoint a person as a member of the Management Committee to represent that body.
(7) The members of the Management Committee shall elect one of their number to be chairman of the Committee.
(8) Schedule 4 has effect with respect to the membership and meetings of the Management Committee.
20
Powers of Management Committee
20 Powers of Management Committee
(1) The Management Committee may, with the approval of the Minister, acquire by gift, bequest, or devise any property for the benefit of the Management Committee and may agree to any condition to which any such gift, bequest, or devise may be subject.
(2) The rule of equity known as the rule against perpetuities or the rule against remoteness of vesting does not apply to a condition to which a gift, bequest, or devise is subject and to which the Management Committee has agreed.
(4) Any gift, bequest, or devise acquired by the Management Committee pursuant to this section shall not be deemed to be a gift, bequest, or devise to or for the benefit of the Crown.
21
Functions of Management Committee
21 Functions of Management Committee
*[Section 21 Amended by No. 5 of 1990, s. 3 and Sched. 1 ]**[Section 21 Amended by No. 14 of 1994, s. 22 ]*The functions of the Management Committee are as follows:
(b) to give effect to the provisions and general purpose of the will of Henry Allport referred to in that Act;
(c) to submit to the Secretary as soon as practicable after 30th June in each financial year, a report of its affairs and activities in relation to that financial year.
21A
Power of Management Committee to authorize Public Trustee or trustee company as custodian trustee
21A Power of Management Committee to authorize Public Trustee or trustee company as custodian trustee
[Section 21A Inserted by No. 100 of 1986, s. 7 ]
(1) The Management Committee may, with the approval of the Minister, authorize The Public Trustee or a trustee company to hold any property of the Management Committee as a custodian trustee.
(2) The Public Trustee or a trustee company shall deal with any property of the Management Committee held by it as a custodian trustee pursuant to subsection (1) in accordance with the Trustee Companies Act 1953 but subject to such directions as the Management Committee may determine from time to time.
(3) *[Section 21A Subsection (3) amended by No. 20 of 1995, s. 5 and Sched. 3 ]*In this section –
The Public Trustee has the meaning assigned to that expression in the Public Trustee Act 1930 ;
(1) *[Section 22 Subsection (1) amended by No. 14 of 1994, s. 23 ]*The publisher of every book published in the State shall, within one month after the publication of that book, deliver at his own expense a copy of that book to the Secretary.
(2) The copy of a book delivered pursuant to subsection (1) shall –
(a) in the case of a printed book, be a copy of the whole book with all maps and illustrations belonging thereto, coloured, finished, and bound in the same manner as the best copies of the book are published and on the best paper on which the book is printed; or
(b) in the case of any other book, be the best copy published.
(3) *[Section 22 Subsection (3) amended by No. 14 of 1994, s. 23 ]*The Secretary shall give a written receipt for every book delivered pursuant to subsection (1) , but in the case of a periodical publication it shall be sufficient if a receipt is given in the month of January for all copies delivered during a period of 12 months ending on the immediately preceding 31st December.
(4) A receipt under subsection (3) shall be prima facie evidence that the publisher has complied with the requirements of this section.
(5) The Governor may make regulations exempting from the provisions of this section any book or class of books.
(6) *[Section 22 Subsection (6) amended by No. 43 of 1991, s. 5 and Sched. 1 ]*A publisher of a book who fails to comply with the provisions of this section is guilty of an offence and is liable on summary conviction to a fine not exceeding 2 penalty units.
22A
Vesting of T. M. Crisp Memorial Collection in Trust
22A Vesting of T. M. Crisp Memorial Collection in Trust
*[Section 22A Inserted by No. 100 of 1986, s. 8 ]*The collection endowed to the State Library in 1969 and known as the T. M. Crisp Memorial Collection and all the rights and interests in, and custody, management, and control of, that collection which immediately before the commencement of this Act vested in the Crown, shall vest in and belong to the Trust.
23
Regulations
23 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) *[Section 23 Subsection (2) amended by No. 14 of 1994, s. 24 ]*Without limiting subsection (1) , the regulations may –
(a) regulate the use of any land or premises under the care and control of the Secretary for the purposes of this Act so as to protect fittings, furniture, and contents of the land or premises;
(b) regulate the conduct of persons using a library administered under this Act;
(c) prescribe the conditions subject to which and the circumstances in which a person may be removed or excluded from any such land or premises;
(d) prescribe the terms and conditions subject to which a person may read any book of a library administered under this Act; and
(e) prescribe penalties in respect of failure to comply with, or contravention of, regulations made under this Act.
(3) Regulations under subsection (1) may be made subject to such conditions, or be made so as to apply differently according to such factors, as may be specified in the regulations or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified.
(4) *[Section 23 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ]*Regulations under subsection (1) may provide that it is an offence, punishable on summary conviction, for a person to contravene or fail to comply with, any of the regulations and may provide in respect of any such offence for the imposition of a fine not exceeding 5 penalty units and, in the case of a continuing offence, a further fine not exceeding 0·1 penalty unit for each day during which the offence continues.
(5) A regulation under subsection (1) may authorize any matter or thing to be from time to time determined, applied, or regulated by any person or body specified in the regulation.
24
Allocation of penalties
24 Allocation of penalties
[Section 24 Substituted by No. 14 of 1994, s. 25 ]
penalty means a penalty prescribed under section 23(2)(e) as a penalty payable in respect of the late return of a book borrowed from the State Library Service.
(3) There is to be paid into the account the amount of any penalty paid to the State Library Service.
(4) The money standing to the credit of the account from time to time is, subject to the approval of the Treasurer, to be used to buy books for the State Library Service.
25
Transitional and savings provisions
25 Transitional and savings provisions
The provisions set out in Schedule 5 have effect with respect to transitional provisions and savings.
Board means the Tasmanian Library Advisory Board established under section 11 ;
member means a member of the Board.
2. Terms of office
(1) An appointed member shall be appointed for such term, not exceeding 3 years, as is specified in the instrument of his appointment.
(2) An appointed member shall, if qualified, be eligible for re-appointment for such term or terms, not exceeding 3 years, as is specified in the instrument of his re-appointment.
3. Provisions relating to members
(1) Where, by or under any Act, provision is made requiring the holder of an office to devote the whole of his time to the duties of his office, that provision shall not operate to disqualify him from holding that office and also the office as a member or from accepting and retaining any remuneration payable to a member under clause 4 .
(2) The office of a member shall not, for the purposes of any Act, be deemed to be an office of profit under the Crown.
4. Remuneration of members
[Schedule 1 Clause 4 amended by No. 29 of 1984, s. 3 and Sched. 1 ][Schedule 1 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] Each member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Governor may from time to time determine, but no such determination shall apply in respect of a State Service officer or State Service employee without the approval of the Head of the State Service Agency in which that officer or employee is employed.
5. Appointment of substitute to act during absence of chairperson
[Schedule 1 Clause 5Subclause (1) amended by No. 14 of 1994, s. 26 ]**[Schedule 1 Clause 5Subclause (2) amended by No. 14 of 1994, s. 26 ]
(1) The Minister may appoint any person (including a member other than the chairperson) to act in the office of the chairperson or appoint any person to act in the office of a member other than the chairperson while the chairperson or that member, as the case may be, is absent from his office through illness or any other cause.
(2) A member other than the chairperson shall, for the purposes of subclause (1) , be deemed to be absent from his office if he is acting in the office of the chairperson pursuant to subclause (1) .
(3) A member shall, for the purposes of subclause (1) , be deemed to be absent from his office if there is a vacancy in that office which has not been filled in accordance with clause 7 .
(4) No person shall be concerned to inquire whether or not any occasion has arisen requiring or authorizing a person to act in the office of a member, and all things done or omitted to be done by that person while so acting shall be as valid, and shall have the same consequences, as if they had been done or omitted to be done by that member.
6. Vacation of office
[Schedule 1 Clause 6Subclause (3) substituted by No. 14 of 1994, s. 26 ][Schedule 1 Clause 6Subclause (4) inserted by No. 14 of 1994, s. 26 ][Schedule 1 Clause 6Subclause (5) inserted by No. 14 of 1994, s. 26 ]
(1) The office of an appointed member becomes vacant –
(a) when he dies;
(b) if he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors, or makes an assignment of his remuneration or estate for their benefit;
(c) if he is absent from 3 consecutive ordinary meetings of the Board of which he is a member of which reasonable notice has been given to him, either personally or in the ordinary course of post, unless on leave granted by the Minister or, unless, before the expiration of 4 weeks after the last of those meetings, he is excused by the Minister for his absence from those meetings;
(e) if he is convicted in this State of an offence which is punishable by imprisonment for 12 months or upwards, or if he is convicted elsewhere than in this State of an offence which, if committed in this State, would be a crime or an offence so punishable, or has been convicted, whether in this State or elsewhere, of a crime or offence for which he has been sentenced to imprisonment;
(f) if he is convicted of an offence against this Act;
(g) if he resigns his office by writing under his hand addressed to the Governor and the Governor accepts the resignation; or
(h) if he is removed from office by the Governor under subclause (2) .
(2) The Governor may remove an appointed member from office for misbehaviour or incompetence.
(3) [Schedule 1 Amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] The Governor may remove from office a member referred to in section 11(2)(b) if the Governor, on the advice of the Minister, is satisfied that the member is no longer qualified to represent the Local Government Association of Tasmania and the Governor may appoint a person nominated by the Minister, from a list of names submitted by that Association, to fill the office for the remainder of the term for which the member removed from office was appointed.
On the occurrence of a vacancy in the office of an appointed member, the Governor may appoint a person to the vacant office for the balance of his predecessor's term of office.
8. Validity of proceedings, &c.
(1) No act or proceeding of the Board or of any person acting pursuant to any direction of the Board is invalidated or prejudiced by reason only of the fact that at the time when the act or proceeding was done, taken, or commenced, there was a vacancy in the office of a member.
(2) All acts and proceedings of the Board or of any person acting pursuant to any direction of the Board are, notwithstanding the subsequent discovery of any defect in the appointment of any member or that any person was disqualified from acting as, or incapable of being, a member, as valid as if that member had been duly appointed and was qualified to act as, or capable of being, a member, and as if the Board had been fully constituted.
9. Presumptions
In any proceedings by or against the Board, unless evidence is given to the contrary, no proof shall be required of –
(a) the constitution of the Board;
(b) any resolution of the Board;
(c) the appointment of any member; or
(d) the presence of a quorum at any meeting of the Board.
10. Convening of meetings of the Board
*[Schedule 1 Clause 10 amended by No. 14 of 1994, s. 26 ]*Meetings of the Board may be convened by the chairperson of the Board or by any 3 members of the Board.
11. Procedure at meetings
[Schedule 1 Clause 11Subclause (1) amended by No. 14 of 1994, s. 26 ]
(1) Seven members of the Board shall form a quorum at any duly convened meeting of the Board.
(2) Any duly convened meeting of the Board at which a quorum is present shall be competent to transact any business of the Board.
(3) A question arising at a meeting of the Board shall be determined by a majority of votes of the members of the Board present and voting, and in the event of an equality of votes, the matter stands adjourned to the next meeting of the Board at which, if there is an equality of votes, the matter shall be deemed to have passed in the negative.
12. Chairperson
[Schedule 1 Clause 12 amended by No. 14 of 1994, s. 26 ]
(1) The chairperson of the Board shall preside at all meetings of the Board at which he is present.
(2) If the chairperson of the Board is not present at a meeting of the Board, a member of the Board elected by the members present shall preside at that meeting.
13. General procedure
The procedure for the calling of, and for the conduct of business at, meetings of the Board shall, subject to any procedure that is specified in this Schedule, be as determined by the Board.
SCHEDULE 2
SCHEDULE 2
SCHEDULE 2 SCHEDULE 2
[Schedule 2 Clause 1 substituted by No. 14 of 1994, s. 27 ][Schedule 2 Clause 2 amended by No. 14 of 1994, s. 27 ][Schedule 2 Clause 4 amended by No. 29 of 1984, s. 3 and Sched. 1 ][Schedule 2 Clause 4 amended by No. 14 of 1994, s. 27 ][Schedule 2 Clause 5Subclause (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Schedule 2 Clause 5Subclause (1) amended by No. 14 of 1994, s. 27 ][Schedule 2 Amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999][Schedule 2 Clause 6 amended by No. 14 of 1994, s. 27 ][Schedule 2 Clause 7 substituted by No. 14 of 1994, s. 27 ][Schedule 2 Clause 8 substituted by No. 14 of 1994, s. 27 ][Schedule 2 Clause 9 substituted by No. 14 of 1994, s. 27 ][Schedule 2 Repealed by No. 53 of 2000, s. 11, Applied:14 Jul 2000]
SCHEDULE 3 - Provisions with R
SCHEDULE 3 - Provisions with Respect to Membership and Meetings of State Library and Archives Trust
SCHEDULE 3 - Provisions with R SCHEDULE 3 - Provisions with Respect to Membership and Meetings of State Library and Archives Trust
Trust means the State Library and Archives Trust established under section 16 ;
appointed member means a member of the Trust referred to in section 16(2)(b) or (c) ;
member means a member of the Trust.
2. Terms of office
(1) An appointed member shall be appointed for such term, not exceeding 3 years, as is specified in the instrument of his appointment.
(2) An appointed member shall, if qualified, be eligible for re-appointment for such term or terms, not exceeding 3 years, as is specified in the instrument of his re-appointment.
3. Provisions relating to members
(1) Where, by or under any Act, provision is made requiring the holder of an office to devote the whole of his time to the duties of his office, that provision shall not operate to disqualify him from holding that office and also the office as a member of the Trust or from accepting and retaining any remuneration payable to a member under clause 4 .
(2) The office of a member shall not, for the purposes of any Act, be deemed to be an office of profit under the Crown.
4. Remuneration of members
[Schedule 3 Clause 4 amended by No. 29 of 1984, s. 3 and Sched. 1 ][Schedule 3 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] Each member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Governor may from time to time determine, but no such determination shall apply in respect of a State Service officer or State Service employee without the approval of the Head of the State Service Agency in which that officer or employee is employed.
5. Vacation of office
[Schedule 3 Clause 5Subclause (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ]**[Schedule 3 Clause 5Subclause (1) amended by No. 14 of 1994, s. 28 ]
(1) The office of an appointed member becomes vacant –
(a) when he dies;
(b) if he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors, or makes an assignment of his remuneration or estate for their benefit;
(c) if he is absent from 3 consecutive ordinary meetings of the Council of which he is a member of which reasonable notice has been given to him, either personally or in the ordinary course of post, unless on leave granted by the Secretary or, unless, before the expiration of 4 weeks after the last of those meetings, he is excused by the Secretary for his absence from those meetings;
(e) if he is convicted in this State of an offence which is punishable by imprisonment for 12 months or upwards, or if he is convicted elsewhere than in this State of an offence which, if committed in this State, would be a crime or an offence so punishable, or has been convicted, whether in this State or elsewhere, of a crime or offence for which he has been sentenced to imprisonment;
(f) if he is convicted of an offence against this Act;
(g) if he resigns his office by writing under his hand addressed to the Governor and the Minister accepts the resignation; or
(h) if he is removed from office by the Minister under subclause (2) .
(2) The Minister may remove an appointed member from office for misbehaviour or incompetence.
6. Filling of casual vacancies
On the occurrence of a vacancy in the office of an appointed member, the Minister may appoint a person to the vacant office for the balance of his predecessor's term of office.
7. Validity of proceedings, &c.
(1) No act or proceeding of the Trust or of any person acting pursuant to any direction of the Trust is invalidated or prejudiced by reason only of the fact that at the time when the act or proceeding was done, taken, or commenced, there was a vacancy in the office of a member.
(2) All acts and proceedings of the Trust or of any person acting pursuant to any direction of the Trust are, notwithstanding the subsequent discovery of any defect in the appointment of any member or that any person was disqualified from acting as, or incapable of being, a member, as valid as if that member had been duly appointed and was qualified to act as, or capable of being, a member, and as if the Trust had been fully constituted.
8. Presumptions
In any proceedings by or against the Trust, unless evidence is given to the contrary, no proof shall be required of –
(a) the constitution of the Trust;
(b) any resolution of the Trust;
(c) the appointment of any member; or
(d) the presence of a quorum at any meeting of the Trust.
9. Convening of meetings
*[Schedule 3 Clause 9 amended by No. 14 of 1994, s. 28 ]*The chairman of the Trust shall convene a meeting of the Trust not less than twice in each period of 12 months, or whenever required to do so by the Secretary.
10. Procedure at meetings
(1) Three members shall form a quorum at any duly convened meeting of the Trust.
(2) Any duly convened meeting of the Trust at which a quorum is present shall be competent to transact any business of the Trust.
(3) Questions arising at a meeting of the Trust shall be determined by a majority of votes of the members present and voting.
11. Chairman
(1) The chairman of the Trust shall preside at all meetings of the Trust at which he is present.
(2) If the chairman of the Trust is not present at a meeting of the Trust, a member elected by the members present shall preside at that meeting.
12. General procedure
The procedure for the calling of, and for the conduct of business at, meetings of the Trust shall, subject to any procedure that is specified in this Schedule, be as determined by the Trust.
SCHEDULE 4 - Provisions with R
SCHEDULE 4 - Provisions with Respect to Membership and Meetings of Allport Library and Museum of Fine Arts Management Committee
SCHEDULE 4 - Provisions with R SCHEDULE 4 - Provisions with Respect to Membership and Meetings of Allport Library and Museum of Fine Arts Management Committee
appointed Member means a member of the Management Committee referred to in section 19(2)(a) , (b) , or (c) ;
member means a member of the Management Committee.
2. Terms of office
(1) An appointed Member shall be appointed for such term, not exceeding 3 years, as is specified in the instrument of his appointment.
(2) An appointed Member shall, if qualified, be eligible for re-appointment for such term or terms, not exceeding 3 years, as is specified in the instrument of his re-appointment.
3. Provisions relating to members
(1) Where, by or under any Act, provision is made requiring the holder of an office to devote the whole of his time to the duties of his office, that provision shall not operate to disqualify him from holding that office and also the office as a member of the Management Committee or from accepting and retaining any remuneration payable to a member under clause 4 .
(2) The office of a member shall not, for the purposes of any Act, be deemed to be an office of profit under the Crown.
4. Remuneration of members
[Schedule 4 Clause 4 amended by No. 29 of 1984, s. 3 and Sched. 1 ][Schedule 4 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] Each member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Governor may from time to time determine, but no such determination shall apply in respect of a State Service officer or State Service employee without the approval of the Head of the State Service Agency in which that officer or employee is employed.
5. Vacation of office
[Schedule 4 Clause 5Subclause (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ]**[Schedule 4 Clause 5Subclause (1) amended by No. 14 of 1994, s. 29 ]
(1) The office of an appointed Member becomes vacant –
(a) when he dies;
(b) if he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors, or makes an assignment of his remuneration or estate for their benefit;
(c) if he is absent from 3 consecutive ordinary meetings of the Management Committee of which he is a member of which reasonable notice has been given to him, either personally or in the ordinary course of post, unless on leave granted by the Secretary or, unless, before the expiration of 4 weeks after the last of those meetings, he is excused by the Secretary for his absence from those meetings;
(e) if he is convicted in this State of an offence which is punishable by imprisonment for 12 months or upwards, or if he is convicted elsewhere than in this State of an offence which, if committed in this State, would be a crime or an offence so punishable, or has been convicted, whether in this State or elsewhere, of a crime or offence for which he has been sentenced to imprisonment;
(f) if he is convicted of an offence against this Act;
(g) if he resigns his office by writing under his hand addressed to the Governor and the Minister accepts the resignation; or
(h) if he is removed from office by the Minister under subclause (2) .
(2) The Minister may remove a member from office for misbehaviour or incompetence.
6. Filling of casual vacancies
On the occurrence of a vacancy in the office of an appointed member, the Minister may appoint a person to the vacant office for the balance of his predecessor's term of office.
7. Validity of proceedings, &c.
(1) No act or proceeding of the Management Committee or of any person acting pursuant to any direction of the Management Committee is invalidated or prejudiced by reason only of the fact that at the time when the act or proceeding was done, taken, or commenced, there was a vacancy in the office of a member.
(2) All acts and proceedings of the Management Committee or of any person acting pursuant to any direction of the Management Committee are, notwithstanding the subsequent discovery of any defect in the appointment of any member or that any person was disqualified from acting as, or incapable of being, a member, as valid as if that member had been duly appointed and was qualified to act as, or capable of being, a member, and as if the Management Committee had been fully constituted.
8. Presumptions
In any proceedings by or against the Committee, unless evidence is given to the contrary, no proof shall be required of –
(a) the constitution of the Management Committee;
(b) any resolution of the Management Committee;
(c) the appointment of any member; or
(d) the presence of a quorum at any meeting of the Management Committee.
9. Convening of meetings
*[Schedule 4 Clause 9 amended by No. 14 of 1994, s. 29 ]*The chairman of the Management Committee shall convene a meeting of the Management Committee not less than once in each period of 6 months, or whenever required to do so by the Secretary.
10. Procedure at meetings
(1) Three members shall form a quorum at any duly convened meeting of the Management Committee.
(2) Any duly convened meeting of the Management Committee at which a quorum is present shall be competent to transact any business of the Management Committee.
(3) Questions arising at a meeting of the Management Committee shall be determined by a majority of votes of the members present and voting.
11. Chairman
(1) The chairman of the Management Committee shall preside at all meetings of the Management Committee at which he is present.
(2) If the chairman of the Management Committee is not present at a meeting of the Management Committee, a member elected by the members present shall preside at that meeting.
12. General procedure
The procedure for the calling of, and for the conduct of business at, meetings of the Management Committee shall, subject to any procedure that is specified in this Schedule, be as determined by the Management Committee.
SCHEDULE 4A - Criteria for Pre
SCHEDULE 4A - Criteria for Preparation of Guidelines
SCHEDULE 4A - Criteria for Pre SCHEDULE 4A - Criteria for Preparation of Guidelines
(1) No fee is to be charged for the provision of a basic library service.
(2) Basic library services include, but are not limited to, the following services:
(a) membership of the State Library Service;
(b) access to the public areas of library buildings and mobile libraries;
(c) access to catalogues in respect of the reference and lending collections;
(d) access to books of the reference and lending collections for use on library premises;
(e) the borrowing of books from the lending collection;
(f) primary assistance to locate information or sources of information;
(g) if the facility is available – the home delivery by volunteers of books from the lending collection to sick or disabled persons;
(h) if the facility is available – the use of library buildings for study purposes.
2. Practical library services
(1) A fee may be charged for the provision of a practical library service.
(2) Practical library services include, but are not limited to, the following services:
(a) photocopying;
(b) hiring of meeting rooms, auditoriums or theaterettes.
3. Value-added library services
(1) A fee may be charged for the provision of a value-added library service.
(2) Value-added library services are those services which, through some action on the part of the State Library Service, provide a library user with an additional level or degree of benefit to that which is already available to the library user free of charge as a basic library service.
(3) The additional benefit will typically be in the form of either increased convenience or time saved for the library user or in the provision of a product that the library user may retain for his or her personal use.
(4) A value-added library service may typically involve or require –
(a) the allocation of library staff for an extended period of time; or
(b) the allocation of more than one member of the library staff; or
(c) extensive research on the part of library staff; or
(d) the provision to the library user of notes, synopses, bibliographies or other explanatory material; or
(e) the provision to the library user of material that is likely to be of commercial benefit.
4. Administrative and policy criteria
(1) Fees charged for library services are to be calculated, as far as it is reasonably possible to do so, according to the principle of cost recovery.
(2) A fee for a library service may be charged in accordance with –
(a) an hourly rate; or
(b) a set charge for a specified service; or
(c) an agreement made between the State Library Service and the library user –
or by any combination of those methods.
(3) The guidelines may provide that a class of persons specified in the guidelines is –
(a) not to be charged a fee for library services or a specified library service; or
(b) charged a discounted fee for library services or a specified library service.
(4) The requirement to pay a fee for a library service is to be made known to the library user before the service is provided.
(5) Notwithstanding subclause (4) , the guidelines may provide that where a person is being provided with a free library service a fee may be charged for the continued provision of that service after a certain time if –
(a) it is apparent that the service is no longer a basic library service; and
(b) the person is advised accordingly.
(6) A charge for a library service is to be made at the time, or as soon as practicable and in any event not later than 14 days after, the service is provided.
(7) A library user may, in such circumstances as may be specified in the guidelines, pay for a library service in advance.
(8) A library user who is charged a fee for a library service is, in such circumstances as may be specified in the guidelines, to be provided with an invoice in respect of that service.
(9) A library user who is charged a fee for a library service is to be provided with a receipt on payment of the fee.
(a) all real and personal property, other than the property referred to in clauses 3 and 4 and all rights and interests in that property and all management and control of that property that immediately before that date vested in or belonged to the Tasmanian Library Board shall vest in and belong to the Crown;
(b) all money and liquidated and unliquidated claims that, immediately before that date, was or were payable to or recoverable by the Tasmanian Library Board shall be money and liquidated and unliquidated claims payable to or recoverable by the Crown; and
(c) all debts, money, and liquidated and unliquidated claims that, immediately before that date, were due or payable by, or recoverable against, the Tasmanian Library Board shall be debts due by, money payable by, and claims recoverable against, the Crown.
3. Transfer of property to Trust
On and from the proclaimed date, the Fund established by the Tasmanian Library Board and known as the Sir John Morris Memorial Fund and all the rights and interests in that Fund and all the management and control of that Fund that, immediately before that date, vested in or belonged to the Tasmanian Library Board shall vest in and belong to the Trust.
(b) the rights and interests in the funds and property; and
(c) the custody, management, and control of the funds and property –
that immediately before that date, vested in or belonged to the Tasmanian Library Board shall vest in and belong to the Management Committee.
5. Contracts, agreements, &c.
Any contract, agreement, arrangement, or undertaking entered into by the Tasmanian Library Board in relation to –
(a) the Allport Library and Museum of Fine Arts;
(b) the Allport Bequest; and
(c) the provisions of the will of the late Henry Allport –
as referred to in the Allport Library and Museum of Fine Arts Agreement Act 1966 and in force immediately before the proclaimed date shall, on and from that date, be deemed to be a contract, agreement, arrangement, or undertaking entered into by the Management Committee.
6. Construction of certain references
On and from the proclaimed date, a reference in the Allport Library and Museum of Fine Arts Agreement Act 1966 or in any other instrument or document relating to the Allport Library and Museum of Fine Arts or the Allport Bequest, referred to in that Act, being a reference to, or a reference to be read or construed as a reference to, or deemed or taken to refer to, the Tasmanian Library Board shall be read and construed as a reference to the Management Committee.
7. Gifts, &c., to Tasmanian Library Board
On and from the proclaimed date, any gift, bequest, or devise of any property to or for the benefit of the Tasmanian Library Board shall be deemed to be a gift, bequest or devise to or for the benefit of the Crown and may be acquired by the Trust pursuant to section 17 .
| Year and number of Act | Short title of Act |
| 7. Geo. VI No. 47 | Libraries Act 1943 |
| No. 1 of 1966 | Libraries Act 1966 |
| No. 57 of 1971 | Libraries Act 1971 |
| No. 64 of 1975 | Libraries Act 1975 |
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part I Preliminary
Part I Preliminary
1 Short title
1 Short title
This Act may be cited as the Libraries Act 1984 .
2 Commencement
2 Commencement
This Act shall commence on the day fixed by proclamation under section 2 (2) of theTasmanian State Service Act 1984 .
3 Interpretation
3 Interpretation
*[Section 3 Amended by No. 14 of 1994, s. 4 ]**[Section 3 Amended by No. 30 of 1995, s. 3 and Sched. 1 ]*In this Act, unless the contrary intention appears –[Section 3 Amended by No. 53 of 2000, s. 4, Applied:14 Jul 2000]
Board means the Tasmanian Library Advisory Board constituted under section 11 ;
book means any book, periodical, newspaper, printed matter, map, plan, music, manuscript, picture, print, motion picture, sound recording, photographic negative or print, microphotograph, video recording, and any other matter or thing whereby words, sounds, or images are recorded or reproduced;
[Section 3 Amended by No. 65 of 2003, s. 8, Applied:01 Jul 2004]
functions includes duties;
guidelines means guidelines issued by the Minister under section 9A(1) ;
library service means a service provided by the State Library Service;
Management Committee means the Allport Library and Museum of Fine Arts Management Committee established under section 19 ;
[Section 3 Amended by No. 53 of 2000, s. 4, Applied:14 Jul 2000]
Secretary means the Secretary of the Department;
includes resource and facility;
Enables the Minister to issue non‑statutory guidelines that permit charging for certain library services; requires those guidelines to be prepared using the criteria in Schedule 4A; obliges the Minister to give the Board a reasonable opportunity to make representations before guidelines are issued; and requires public display and availability of guidelines (s 9A).
Authorises the Secretary to charge fees in accordance with the Minister’s guidelines for specified prescribed services, and to recover unpaid fees as a debt to the Crown (ss 9B(1)-(4); 9C sets a review process for users disputing charges).
Provides for regulations to be made by the Governor that can regulate conduct, use of premises, terms of reading books, removal or exclusion of persons, and create offences and penalties up to specified penalty unit caps (s 23).
Allocates late return penalties to an Overdue Fines Account to be used, with Treasurer approval, to procure books for the State Library Service (s 24).
These mechanical arrangements allocate policy-making and charging authority to the Minister and operational exercise to the Secretary; they vest appointment and some removal powers in the Governor or Minister; they establish consultative structures; and they create fiduciary vehicles to accept gifts and manage bequests. The Act also records several amendments and insertions across time, which alter membership rules, fee frameworks and other provisions (see “Amendment history”).
The Act contains its own definitions, notably a broad definition of “book” that extends to many recorded media, which affects deposit obligations and the scope of the Secretary’s collection powers (s 3). Guidelines issued under s 9A are expressly not statutory rules under the Rules Publication Act 1953 (s 9A(8)); this affects the legal formality and reviewability of fee policies.
The official purpose language in the Act is to provide, promote and advance a library service in Tasmania (s 4). That expressed purpose is implemented by a combination of administrative powers (Secretary), advisory oversight (Board), fiduciary trusteeship for gifts (Trust), and regulatory levers for conduct and fees (regulations and guidelines). The following sections unpack the core concepts, actors, rights and duties, enforcement tools and practical compliance implications found in the statute.
Main concepts
The Act organises library governance and services around a set of defined legal concepts. Three concepts are central to legal and operational interpretation: the Secretary and State Library Service; the Board, Trust and Management Committee architecture; and the fee and deposit regimes.
Secretary and State Library Service
The Secretary is the operational head for statutory functions and powers. Section 6 lists core functions: providing library services, coordinating, collecting State‑related books subject to the Archives Act 1983, caring for premises and property, and performing other Minister determined functions (s 6(1)(a)-(e); s 6(2)). Section 7 gives the Secretary broad “all things necessary or convenient” power to perform those functions and enumerates operational powers such as lending library property, entering arrangements with other agencies and local authorities, purchasing books, accepting library transfers, disposing of surplus property subject to s 18 and collating information on libraries (s 7(1)-(3)).
“State Library Service” is a statutory system of libraries and library services operated throughout the State and established by the Act (s 3). The Act contemplates coordination with parliamentary and agency libraries and provision of services on terms agreed with agencies or local authorities (s 7(3)(a)-(c), (f)).
Statutory bodies and fiduciary vehicles
The Tasmanian Library Advisory Board is a statutory advisory body constituted by the Act with a detailed composition reflecting urban and rural representation, Governor‑appointed members on ministerial nomination, and procedural and remuneration rules in Schedule 1 (s 11; Schedule 1). The Board’s functions include advising the Minister and Secretary, reporting on affairs annually, considering matters referred by the Secretary and advising on public access to information and ideas (s 12).
The State Library and Archives Trust is a separate five‑member trust to administer property acquired by gift, bequest or devise, to ensure compliance with conditions attached to gifts, and to report annually (ss 16, 18). The Trust may, with Ministerial approval, authorise the Public Trustee or a trustee company to act as custodian trustee (s 17A).
The Allport Library and Museum of Fine Arts Management Committee is established to administer the Allport fund and bequest and carry forward functions and property under that will (ss 19-21; Schedules 4 and 5 transitional provisions).
Fees and guidelines
The Act creates a two step framework for charging fees. The Minister may issue guidelines for charging fees for certain library services (s 9A). The guidelines must be prepared according to the criteria in Schedule 4A and are not statutory rules (s 9A(2), (8)). The Secretary may then charge or authorise charges in accordance with these guidelines for services specified as “prescribed library services” (s 9B(1)-(2)). The Secretary can suspend service until payment is made and can recover unpaid fees as a debt to the Crown (s 9B(3)-(4)). Schedule 4A defines basic services that must remain free, and describes categories such as practical services and value‑added services where fees may be charged (Schedule 4A(1)-(3)). Administrative and policy criteria in Schedule 4A require cost recovery principles and user notification requirements (Schedule 4A(4)-(9)).
Deposits and definitions
The Act defines “book” broadly to include printed matter, maps, music, sound recordings, photographic materials, video recordings and other recorded words, sounds, or images (s 3). That definition feeds the deposit obligation in s 22 which requires publishers of every book published in the State to deliver a copy to the Secretary within one month, with specified quality standards for the delivered copy (s 22(1)-(2)). The Governor may make regulations exempting classes of books (s 22(5)). Non‑compliance is a summary offence (s 22(6)).
Regulation and penalties
The Governor may make regulations for the Act generally, including regulation of conduct in libraries, exclusion provisions, reading terms, and penalties up to specified penalty unit caps (s 23(1)-(4)). The regulations can delegate determinations to specified persons or bodies (s 23(5)). The Act also sets a mechanism for allocation of overdue fines into a specific Public Account fund for purchasing books with Treasurer approval (s 24).
Other structural concepts
The Act contains transitional provisions that transferred property, rights and obligations from the former Tasmanian Library Board to the Crown, the Trust, and the Management Committee on proclamation (Schedule 5). It also preserves contracts and re‑allocates administration of funds and bequests as specified (Schedule 5(2)-(7)).
Conceptually the Act balances public access principles with a framework for limited cost recovery and private gifting. The Attorney‑legislated distinction between “guidelines” and “regulations” produces two different decision‑making tracks for fees and conduct rules: non‑statutory ministerial guidance for fee policy, and formal regulations capable of creating offences. The broad definition of “book” and the Secretary’s wide powers for arrangement and disposal mean material and property flows are centrally controlled but subject to trustee obligations where gifts impose conditions (ss 7, 17, 18, Schedule 5).
Who it affects
The Act creates stakeholders with distinct legal positions and obligations. The primary affected groups are the State (through the Secretary and Minister), publishers, library users, local authorities and State Service agencies, donors of gifts and bequests, and members of the statutory bodies.
Secretary, Minister and Governor
Decision‑makers are the Minister and the Secretary. The Minister issues guidelines for fees (s 9A); the Secretary exercises operational powers under s 6 and s 7, implements guidelines by charging fees (s 9B), administers public display and inspection obligations for guidelines (s 9A(4)), and handles reviews under s 9C. The Governor appoints certain Board members and may make regulations and orders to amend references and appointment provisions (ss 11(3), 23; Schedule 1(6)).
Publishers
Publishers of books published in Tasmania have a statutory duty to deliver a copy of every book to the Secretary within one month after publication and at their own expense (s 22(1)). The delivered copy must meet prescribed quality standards depending on the form of the book (s 22(2)). The Governor may exempt classes of books by regulation (s 22(5)). Failure to comply is a summary offence carrying a fine not exceeding 2 penalty units (s 22(6)). Publishers therefore bear a recurring compliance cost and the logistical burden of timely delivery.
Library users
Library users are affected by the fee regime in that basic library services must be free while practical and value‑added services may be charged under guidelines (Schedule 4A(1)-(3); s 9B). Users are entitled to inspect guidelines in public areas and to be informed of fee requirements prior to services being provided (s 9A(4); Schedule 4A(4)). Users can seek review of fees under s 9C within 21 days and the Secretary must determine the review within 21 days and notify within 14 days of the determination (s 9C(2), (6)-(7)). Where fees go unpaid the Secretary can recover them as a debt to the Crown (s 9B(4)).
Local authorities, State Service agencies and other bodies
The Secretary may make arrangements with local authorities, State Service agencies or other bodies for library services on agreed terms and conditions (s 7(3)(b), (c)). State Service officers may be seconded to assist the Secretary and may hold concurrent office (s 5(4)-(6)). The Act therefore affects inter‑agency resourcing, staff allocations and commercial arrangements for provision of services to other agencies.
Donors, trustees and beneficiaries of bequests
Gifts, bequests and devises to the Trust or Management Committee are governed by ss 17-18, 20-21 and the Trust and Committee may accept gifts with conditions and are subject to Ministerial approval for acquisition of property (s 17(1)). The Trust must administer property according to the terms of any instrument creating it and ensure conditions are complied with (s 18(a)-(b)). The Trust and Management Committee can authorise the Public Trustee or trustee companies to act as custodian trustees subject to directions (ss 17A, 21A). Donors and executors must track ministerial approval processes and understand that the rule against perpetuities does not apply to agreed conditions (ss 17(2), 20(2)).
Board, Trust and Committee members
Members of the Board, Trust and Management Committee have appointment, remuneration and removal rules set out in the Act and the Schedules and must observe vacancy, quorum and meeting procedures (ss 11, 16, 19; Schedules 1, 3, 4). They carry fiduciary duties implicit in trust administration and statutory reporting obligations to the Secretary annually (ss 12(f), 18(c), 21(c)).
Third parties receiving loans, hires or services
The Secretary may lend or make available books or property to persons, societies or bodies on terms the Secretary thinks fit (s 7(3)(d)) and permit the use of premises under control on terms determined by the Secretary (s 7(3)(g)). Recipients therefore take property under contractual or licence‑like arrangements subject to Secretary discretion.
Regulated persons under regulations
Regulations may create offences and conditions for exclusion from premises, and regulate reading and use of books (s 23(2)(a)-(d)). Users and visitors to library premises are therefore subject to potential statutory penalties set by regulation, and those regulations may delegate determinations to specified persons (s 23(5)).
Financial administrators and Treasurer
The Act establishes the State Library Service (Overdue Fines) Account in the Public Account and prescribes that penalties paid are to be credited to it and used, with Treasurer approval, to purchase books for the State Library Service (s 24). Treasury therefore has an approval role over expenditure of those funds.
Who bears costs and who decides
Publishers bear the direct compliance cost of deposit and potential fines for non‑compliance (s 22). Library users bear fees for non‑basic services where guidelines permit charges, and risk denial of service until payment is made (s 9B(2)-(3)). The Minister and Secretary hold primary decision rights over policy and operational implementation respectively (s 9A; ss 6-7); the Governor retains formal appointment, regulation and certain order powers (ss 11(3); 23).
The Act therefore affects multiple actors with a mix of statutory obligations, discretionary powers and procedural review rights. The statutory design concentrates policy authority with the Minister and operational authority with the Secretary, while creating advisory and fiduciary counterpoints through the Board, Trust and Management Committee.
Key duties and rights
The Act allocates duties and rights across several statutory offices, public users, publishers and fiduciary bodies. Below are the most consequential duties and rights stated in the text, with references.
Secretary: duties and operational rights
Duty to provide library services and to take measures to ensure an efficient service in the State (s 6(1)(a), s 6(2)).
Duty to co‑ordinate, direct and control management of the State Library Service (s 6(1)(b)).
Duty to collect and make available for public use books relating to the history and development of the State, subject to the Archives Act 1983 (s 6(1)(c)).
Duty of care and control over premises and books and other personal property in ownership or possession of the State Library Service (s 6(1)(d)).
Right to exercise broad powers necessary to perform functions, including making arrangements with Parliamentarians, agencies and local authorities, lending or making available books on terms, purchasing books and accepting transfers of libraries (s 7(1)-(3)(a)-(i)).
Right to dispose of books or personal property no longer required, subject to s 18 (s 7(3)(j)). The cross‑reference to s 18 requires attention where items are tied to gifts or bequests.
Minister: policy and guideline rights and consultation duties
Right to issue guidelines for charging fees for certain library services in accordance with Schedule 4A (s 9A(1)-(2)).
Duty to afford the Board a reasonable opportunity to make representations before guidelines are issued (s 9A(3)).
Right to determine terms and conditions for certain Secretary services (s 7(3)(e), (f)) and approve acquisitions by the Trust or Management Committee (ss 17(1), 20(1)).
Board: advisory functions and reporting rights
Right to be consulted by the Secretary and to advise the Minister and Secretary on administration, policies and other matters as the Board thinks fit (s 8; s 12(a)-(e)).
Duty to submit an annual report to the Secretary as soon as practicable after 30 June each financial year on its affairs and activities (s 12(f)).
Trust and Management Committee: fiduciary duties and rights
Duty to administer property acquired by gift, bequest or devise according to the terms of the instrument and to ensure compliance with conditions attached to gifts (s 18(a)-(b)).
Right to acquire property on behalf of the Crown with Ministerial approval and to agree to conditions attached (s 17(1)). The rule against perpetuities does not apply to such agreed conditions (s 17(2); s 20(2) for Management Committee).
Right to authorise the Public Trustee or trustee company to act as custodian trustee subject to directions (ss 17A(1)-(2); 21A(1)-(2)).
Publishers: deposit duty and penalties
Duty to deliver at their own expense a copy of every book published in the State within one month after publication to the Secretary (s 22(1)).
Duty that the delivered copy must be of the best published standard depending on form (s 22(2)).
Right to a written receipt from the Secretary, with special treatment for periodicals (s 22(3)-(4)).
Exposure to a summary offence and fine not exceeding 2 penalty units for failure to comply (s 22(6)).
Right of exemption for any book or class of books by Governor regulation (s 22(5)).
Library users: rights to free basic services, notification and review
Right to basic library services free of charge; Schedule 4A identifies examples that must remain free such as membership, access to public areas, catalogue access, reference and lending collections for on‑premises use, borrowing of lending collection, primary assistance, volunteer home delivery where available, and use of library buildings for study (Schedule 4A(1)(a)-(h)).
Right to be informed of fee requirements before the service is provided, except where guidelines permit continuation charges after an initial free period if the user is advised (Schedule 4A(4)-(5)).
Right to inspect the guidelines free of charge in each public library building or mobile facility and for the Secretary to keep a copy in the public area (s 9A(4)(a)-(b)).
Right to apply in writing within 21 days to the Secretary for review of a fee they contend is not in accordance with the guidelines; the Secretary must determine the review within 21 days and notify within 14 days (s 9C(1)-(4), (6)-(7)). The Secretary may affirm the charge, authorise partial refund or full refund, but may not increase the amount charged as a result of the review (s 9C(4)-(5)).
Regulated persons: rules and sanctions
Regulations can prescribe conditions for exclusion or removal from premises, terms for reading books, and offences with fines up to 5 penalty units and continuing daily fines not exceeding 0.1 penalty unit per day (s 23(2)(a)-(d); s 23(4)). Regulations may delegate determinations to specified persons (s 23(5)).
Financial administrators: account‑keeping duty
The Act mandates establishment of an Overdue Fines Account in the Public Account to receive penalties paid to the State Library Service and provides that monies in the account are to be used, with Treasurer approval, to buy books for the State Library Service (s 24(2)-(4)).
Procedural and appointment rights
The Governor appoints certain members of the Board and the Secretary may invite or attend Board meetings (ss 11(3), 11(8A)). Schedule clauses set terms for appointment, vacation, quorum and validity of proceedings (Schedule 1, cl 2-13). Members are entitled to remuneration as determined by the Governor, subject to conditions for State Service officers (Schedule 1, cl 4).
The Act therefore creates enforceable duties for operational managers and publishers, statutory rights and review remedies for users, and fiduciary obligations for trustees. Many of the rights conferred on users are procedural: access to guidelines, review periods and notice requirements. Decision authority is concentrated in Ministerial guideline‑making and Secretary operational execution, while fiduciary safeguards for gifts and bequests rest with the Trust and Management Committee subject to Ministerial and Trustee Company procedures.
Penalties and enforcement
The Act establishes several enforcement levers and penalty regimes, distributed between summary offences in the Act itself, penalties that can be created by regulation, and debt recovery mechanisms for unpaid fees.
Statutory offences and fines in the Act
Publisher deposit failure: A publisher who fails to deliver the required copy of a book is guilty of an offence and liable on summary conviction to a fine not exceeding 2 penalty units (s 22(6)). The Secretary must give a written receipt for copies delivered and that receipt is prima facie evidence of compliance (s 22(3)-(4)); absence of receipt will be a factual issue in enforcement.
The Act does not itself set specific criminal offences for misuse of library premises or user conduct; instead such matters are left to regulations under s 23, which may prescribe offences and penalties.
Regulations and delegated penalty powers
The Governor may make regulations that regulate conduct, use of premises, removal or exclusion of persons, terms for reading books and prescribe penalties for contraventions (s 23(1)-(2)). Regulations may provide that contravention of the regulations is an offence punishable on summary conviction with a fine not exceeding 5 penalty units and, for continuing offences, a further fine not exceeding 0.1 penalty unit per day (s 23(4)). Regulations can be framed subject to conditions and can authorise specified persons or bodies to determine matters (s 23(3)-(5)). This creates a flexible enforcement menu to be used by executive regulation rather than primary legislation.
Debt recovery and financial enforcement
Unpaid fees: The Secretary may require payment or agreement to pay before providing a prescribed library service and, if the fee is not paid within the specified time, it may be recovered as a debt due to the Crown from the person who requested the service (s 9B(2)-(4)). This is an administrative financial enforcement mechanism rather than a criminal sanction; it permits the State to pursue ordinary civil remedies for recovery.
Overdue fines allocation: The Act requires penalties in respect of late returns prescribed under regulations to be paid into the State Library Service (Overdue Fines) Account in the Public Account (s 24(2)-(3)). Money in that account is to be used, subject to Treasurer approval, to buy books for the State Library Service (s 24(4)). The accounting pathway creates an incentive to collect and allocate fines to resource purchases, subject to Treasurer oversight.
Procedural enforcement and review
User review rights: A person who considers a fee charged is not in accordance with the guidelines may apply for review to the Secretary in writing within 21 days (s 9C(1)-(2)). The Secretary must make enquiries as necessary, consider matters put by the applicant and the guidelines, and determine the application within 21 days of receipt (s 9C(3)-(6)). The Secretary may affirm the fee, authorise a partial refund or a full refund but cannot increase the fee as a result of the review (s 9C(4)-(5)). The Secretary must give written notice of the determination and any refund within 14 days (s 9C(7)). The Secretary may refuse to consider applications that are vexatious or trivial, but must notify the applicant (s 9C(8)).
Consultative obligations for guideline development: The Minister must afford the Board a reasonable opportunity to make representations before issuing guidelines (s 9A(3)). The Secretary must make the guidelines available in public areas and allow inspection free of charge (s 9A(4)). These procedural duties support transparency and may affect the defensibility of fees and enforcement.
Delegation and discretion
The Act gives the Secretary broad discretion to determine terms and conditions for loans and services (s 7(3)(d), (e), (f), (g)), to permit use of premises on terms the Secretary determines (s 7(3)(g)), and to determine whether to provide a service only after payment or agreement to pay (s 9B(3)). Regulations may authorise matters to be determined by specified persons (s 23(5)). These delegation points concentrate enforcement discretion in administrative actors rather than courts.
Limitations and checks
The Act explicitly excludes guidelines from the category of statutory rules under the Rules Publication Act 1953 (s 9A(8)). This reduces the applicability of formal parliamentary tabling or disallowance processes that apply to statutory rules, although guidelines remain subject to procedural obligations in s 9A and Schedule 4A and to public scrutiny through the Secretary’s display obligations and the user review process in s 9C.
Trustee oversight: For gifts and bequests the Trust must administer property according to instrument terms and ensure compliance with conditions (s 18). The Trust and Management Committee require Ministerial approval for acquisitions, and they may appoint custodian trustees subject to directions (ss 17, 17A, 20, 21A). These provisions impose duties and create fiduciary checks on disposal or use of gifted property.
Practical enforcement risks and administrative burden
Enforcement of the publisher deposit obligations requires receipt recordkeeping and verification of compliance, since the receipt is prima facie evidence (s 22(3)-(4)). Pursuit of publishers for non‑compliance may require summary prosecutions which carry resource costs.
Recovering unpaid fees as a debt to the Crown may be effective but depends on civil litigation capacity and associated costs. The Secretary’s review obligations create administrative workload and strict timelines (s 9C(6)-(7)).
In sum, the Act combines summary offences for publisher non‑compliance, delegated regulatory offences for conduct within libraries, debt recovery for unpaid fees, and administrative review and transparency obligations to constrain or justify enforcement action. The Act centralises enforcement discretion in the Secretary and enables formal subordinate legislation to create further offences and penalties.
How it interacts with other laws
The Act itself cross‑references and interacts with several other legislative instruments and regimes. These links define constraints on the Act’s operation and create procedural and substantive overlaps that practitioners should note.
State Service Act and State Service agencies
The Act operates alongside State Service employment arrangements. Sections 5 and other provisions interact with the State Service Act 2000 by permitting appointment and secondment of State Service officers and employees to the State Library Service and allowing such officers to hold office as members of statutory bodies in conjunction with employment (s 5(3)-(6); s 11(8); ss 16(5), 19(6)). Several amendment notes reference the State Service Act and its successors, reflecting alignment of employment and appointment mechanics.
Archives Act 1983
The Secretary’s duty to collect and make available for public use books relating to the history and development of the State is expressly subject to the Archives Act 1983 (s 6(1)(c)). This creates a statutory constraint where archives law may limit or condition access or custody obligations for historical material. Practitioners must consider archival access, retention and transfer frameworks under that Act when implementing the Secretary’s collection function.
Rules Publication Act 1953
Guidelines issued under s 9A are declared not to be statutory rules within the meaning of the Rules Publication Act 1953 (s 9A(8)). This interaction affects parliamentary oversight and the formal status of the guidelines: they do not attract the tabling and disallowance mechanics that apply to statutory rules under the Rules Publication Act. The practical effect is to treat guidelines as administrative policy rather than subordinate legislation.
Trust and Trustee Companies Acts
When the Trust or Management Committee authorises the Public Trustee or a trustee company to act as custodian trustee, the custodian must deal with property in accordance with the Trustee Companies Act 1953 and the Public Trustee definition comes from the Public Trustee Act 1930 (ss 17A(2)-(3); 21A(2)-(3)). These references bring trustee company standards and Public Trustee statutory regimes into operation for custodian arrangements, linking trust duties and fiduciary obligations across statutes.
Allport Library and Museum of Fine Arts Agreement Act 1966
The Act preserves specific relationships for the Allport collection and bequests, and provides that section 17 does not apply to gifts to the Allport Library and Museum of Fine Arts under the 1966 Act (s 17(4)). Schedule 5 also sets out construction and transfer rules in relation to the Allport fund and arrangements, making cross‑references to that Act. Practitioners handling Allport matters must read the 1966 Act together with the provisions in this Act and Schedule 5.
Public Account and Treasurer approvals
Section 24 creates the State Library Service (Overdue Fines) Account in the Public Account and requires Treasurer approval for expenditure from that account to buy books (s 24(2), (4)). This involves public finance law and Treasury protocols; accounting and appropriation procedures under broader public finance legislation will therefore apply.
Regulations and penalty units regime
The Act authorises the Governor to make regulations and prescribes penalties in penalty units (s 23). It therefore interacts with the general penalty unit framework in Tasmania. Specific amendments note later Acts (for example No. 4 of 2017 applied 2019) which have adjusted definitions; practitioners should align references to penalty units with the current penal regime.
Transitional statutes and repeals
Schedule 5 contains transitional provisions transferring property and obligations from the pre‑existing Tasmanian Library Board (from earlier Libraries Acts) to the Crown, Trust and Management Committee on proclamation (Schedule 5(2)-(7)). Schedule 6 lists earlier Libraries Acts that are repealed. Those provisions affect the legal history and any pre‑existing contracts or rights carried forward under the Act.
Delegation and agency arrangements
The Secretary may make arrangements with Agencies within the meaning of the State Service Act 2000 for provision of library services, and may permit use of premises by persons on terms determined by the Secretary (s 7(3)(b), (g)). These clauses create operational intersections with agency service agreements, procurement rules and State Service employment or secondment frameworks.
Summary
The Act is not self‑contained; it presumes and invokes the Archives Act for archival constraints, the Rules Publication Act for the status of guidelines, trustee statutes for custodian arrangements, public finance instruments for account use and penalty unit frameworks for fines. Practitioners should therefore read the Libraries Act 1984 alongside those statutes and current regulatory instruments to capture the practical and legal constraints on the Secretary, Minister, Trust and Board.
Amendment history
The Act as presented contains numerous amendment footnotes and explicit insertions, repeals and substitutions. The text itself records the principal amendments and the provisions they altered. The following collates the amendments indicated in the source text, with the effect noted when the Act records it.
Major amendments and insertions recorded in the text
No. 14 of 1994: Multiple amendments. This Act substituted Part and Division headings; it inserted sections including s 9A, s 9B and s 9C (see s 9A Inserted by No. 14 of 1994, s 11; s 9B Inserted by No. 14 of 1994, s 11; s 9C Inserted by No. 14 of 1994, s 11). It also amended s 3 definitions (including adding “guidelines”), altered Board and membership provisions (s 11), and substituted or amended various Schedule clauses relating to membership, meetings and procedures (Schedules 1, 3, 4). No. 14 of 1994 therefore materially changed the fee framework and governance architecture.
No. 53 of 2000: Multiple amendments applied 14 July 2000. The text shows amendments to s 3, s 5, s 7, s 9A(3) (Board representations), and s 11 membership details to ensure northern, north‑western and southern representation, among other changes. Several Schedule changes and repeals reference No. 53 of 2000.
No. 86 of 2000 (applied 1 May 2001): Amended employment and appointment references to align with the State Service Act 2000; multiple sections (for example s 5(3)-(6); s 7(3)(b)) were updated to refer to “Agency” within the meaning of the State Service Act 2000.
No. 65 of 2003 (applied 1 July 2004): Amended s 3 definition and repealed s 10 and Schedule 2 in part (s 10 repealed by No. 65 of 2003, s 9). The repeal of s 10 removed a prior provision; Schedule 6 shows earlier Acts repealed historically.
No. 100 of 1986 and No. 29 of 1984: Earlier amendments that remain flagged in the text for changes to remuneration clauses and powers to authorise custodian trustees (ss 17A, 21A).
No. 5 of 1990: Amended the Act in employment and other minor ways; s 9 was repealed by No. 5 of 1990 (s 9 previously provided that services are free except certain cases).
No. 4 of 2017, Schedule 1 (applied 1 July 2019): Amended section 24(1) to define “account” and “penalty” for the Overdue Fines Account, showing recent attention to financial administration and account naming.
Insertions and repeals called out in the text
s 9 repealed by No. 5 of 1990, s 3 and Sched. 1: The prior blanket “services free” rule was removed and replaced by the guideline framework later inserted by No. 14 of 1994 (s 9A, s 9B).
s 10 repealed by No. 65 of 2003: The text indicates s 10 was substituted previously and later repealed.
Schedule 2 repealed by No. 53 of 2000: The schedule is no longer in force per the amendment note.
Additions to structure and process
Schedule 4A inserted by No. 14 of 1994, s 30: Introduces criteria for preparation of guidelines and categorises basic, practical and value‑added services and administrative and policy criteria such as cost recovery and notification rules.
Schedule 5 transitional provisions: Carry forward property, funds and contracts from the former Tasmanian Library Board to the Crown, Trust and Management Committee on proclamation; Schedule 6 repealed earlier Libraries Acts.
Timing and commencement
The Act’s commencement is tied to a proclamation under section 2(2) of the Tasmanian State Service Act 1984 (s 2). Some amendments have their own applied dates noted in the footnotes in the statute as reproduced.
Observations on amendment pattern
The amendment history as shown in the text indicates a policy shift in the 1990s from a general presumption that services are free towards a more nuanced, guideline‑based fee structure (No. 14 of 1994; insertion of s 9A-9C and Schedule 4A). Concurrently the Act was modernised to align administrative and appointment provisions with State Service legislation (No. 86 of 2000 and No. 53 of 2000). Trustee and custodian arrangements were clarified by enabling Public Trustee or trustee company custody with directions (ss 17A, 21A).
Limitations of the textual amendment record
The Act text contains in‑line amendment notes and applied dates; practitioners should consult consolidated official versions or the Tasmanian legislation database for the formal chronological amendment record and to verify current in‑force text, penalty unit values, and any further amendments postdating the annotated text provided here.
The statutory annotations in the text therefore provide a clear trail: significant reform occurred in 1994 to introduce fee guidelines; subsequent reforms aligned appointments and employment with contemporary State Service legislation and clarified trustee and financial arrangements. Users should rely on a current consolidated statute or authorised electronic source to confirm the present wording and amendment history for litigation or compliance purposes.
Litigation history
The statute text supplied does not record any judicial decisions, reported litigation or authoritative case law interpreting the Libraries Act 1984. The Act itself names no cases and provides no internal references to judicial decisions. Practitioners seeking litigation history must therefore undertake a separate search of Tasmanian and Australian case law databases for judicial interpretation of key provisions such as s 22 deposit obligations, Secretary powers in s 7, the validity or status of non‑statutory guidelines under s 9A, fee recovery as a debt in s 9B(4), or the fiduciary duties of the Trust under s 18.
What the source does provide that affects litigation considerations
Textual ambiguities and discretionary powers: The Secretary’s broad “all things necessary or convenient” power in s 7(1) and the non‑statutory status of guidelines in s 9A(8) are the kinds of provisions that commonly give rise to litigation on grounds such as procedural fairness, ultra vires administrative action or judicial review of administrative decisions. The Act’s internal review process for fees (s 9C) and the express requirement that guidelines be displayed may bear on claims of procedural unfairness.
Delegated penalty creation by regulation: Because many user conduct offences may be created by regulation (s 23(2)(e)), judicial review or constitutional challenges might concern the validity of particular regulations rather than primary legislation.
Trustee and gift issues: Sections governing the Trust and Management Committee, including the preservation of conditions attached to gifts and the non‑application of the rule against perpetuities to agreed conditions (ss 17(2), 20(2)), could generate disputes over interpretation of donor instruments and the proper exercise of trustee powers.
Deposit receipt as prima facie evidence: Section 22(3) makes the Secretary’s receipt prima facie evidence of compliance, which places evidentiary burden dynamics into potential prosecutions or civil disputes.
Suggested legal research steps (derived from the statute’s silence)
Search Tasmanian Supreme Court and Magistrates Court decisions for prosecutions under s 22 and for any judicial pronouncements on the Secretary’s disposal power (s 7(3)(j) subject to s 18), or on the recovery of fees as a debt to the Crown (s 9B(4)).
Check administrative law decisions for challenges to regulations under s 23 or to guideline‑based decisions where guidelines are non‑statutory (s 9A(8)); relevant grounds might include procedural unfairness or jurisdictional error.
Review any judgments concerning the Trust or Management Committee for fiduciary issues, compliance with bequest conditions, or disputes about gifting and ministerial approval under ss 17-18 and 20-21.
Because the supplied text contains no litigation history, the statute alone does not answer questions about judicial interpretation or precedents. Any authoritative position on contested points must be anchored in case law identified through targeted research in legal databases.
Gotchas
The Act contains several features that may produce unexpected legal or operational consequences if not closely observed. These are practical traps for operators, donors, publishers, users and advisers.
Guidelines are not statutory rules
The Minister’s guidelines under s 9A are explicitly not statutory rules within the meaning of the Rules Publication Act 1953 (s 9A(8)). The practical effect is that guidelines do not attract the tabling and disallowance procedures applicable to statutory rules; they are administrative policy. That reduces formal parliamentary oversight and may limit the availability of certain statutory procedural protections for affected persons. However the Minister must afford the Board a reasonable opportunity to make representations before issuing guidelines (s 9A(3)) and the Secretary must make guidelines publicly available (s 9A(4)). The non‑statutory form increases the importance of good administrative process and transparency.
Basic services must remain free but categories can be nuanced
Schedule 4A(1) lists basic services that must not be charged. However Schedule 4A(5) permits the guidelines to provide that an initially free service might later attract a charge if the service is no longer a basic service and the user is advised. This creates room for reclassification risk: a service that users regarded as free could attract charges if reclassified and users are notified. Advisers should ensure notification mechanisms and the definition of basic services are tightly recorded to minimise disputes.
Fee regime is two‑step and subject to Secretary discretion
The Minister issues guidelines and the Secretary charges in accordance with them (s 9A; s 9B). The Secretary may also determine that service is not to be provided until payment or agreement to pay is made and may recover unpaid fees as a debt to the Crown (s 9B(3)-(4)). This concentrates operational power with the Secretary and creates the potential for inconsistent local application if guidelines permit substantial variation and Secretary discretion is wide. Users have a review remedy (s 9C) but it is time limited and administrative.
Deposit obligations extend to many media via “book”
The Act’s definition of “book” in s 3 is deliberately broad; it covers maps, music, manuscripts, motion pictures, sound recordings, photographic negatives, microphotographs, video recordings and any other matter or thing whereby words, sounds or images are recorded or reproduced. Publishers of non‑traditional or digital works published in the State may unintentionally fall within s 22’s deposit obligation. The Governor can exempt classes of books by regulation (s 22(5)), but until an exemption exists a publisher’s duty to deliver a copy remains.
The Secretary’s obligations to keep guidelines in the public area and allow inspection (s 9A(4)) and the timelines for review in s 9C (21 days to apply, Secretary must determine within 21 days, notice within 14 days) impose tight procedural deadlines. Failure to comply could give rise to complaints, administrative appeals or undermine enforcement of fees.
Disposal of property interacts with gift conditions
The Secretary may dispose of books or personal property no longer required for purposes of the Act subject to s 18 (s 7(3)(j)). Section 18 imposes duties on the Trust to administer gifts according to instrument terms and ensure compliance with conditions (s 18(a)-(b)). If items are gifted with conditions, disposal by the Secretary without regard to those conditions risks breaching trust obligations or triggering donor disputes. Practitioners should check gift instruments and obtain Trust approval where relevant.
Regulations can create significant conduct offences and daily continuing fines
Regulations under s 23 can prescribe offences punishable by up to 5 penalty units and continuing fines up to 0.1 penalty unit per day. Because regulations can delegate determinations and set conditions (s 23(3), (5)), careful drafting of regulations and awareness of delegated authority is essential to avoid disproportionate sanctions or administrative overreach.
Account use requires Treasurer approval
Money in the State Library Service (Overdue Fines) Account is to be used to buy books subject to Treasurer approval (s 24(4)). Operational plans that assume immediate or autonomous use of overdue fines could be frustrated by Treasury protocols and approval timeframes.
Membership and appointment quirks
Board membership mixes appointed Governor appointments with Ministerial nominations and requires representation across geographic regions, with nomination lists from the Local Government Association of Tasmania for certain positions (s 11(2)(b); s 11(4)-(5)). Failure of the nominating body to provide lists within six weeks allows the Minister to nominate persons (s 11(4)-(5)). Practically this creates potential for contested appointments and political friction; advisers should ensure nomination timelines and processes are followed.
No internal judicial review mechanism for guidelines
While s 9C provides an internal review for fees charged to users, there is no general statutory right of review of guidelines themselves in the Act. Because guidelines are non‑statutory, external judicial review may be the principal avenue to challenge unlawful guideline content or application. That route has costs and uncertainty.
Transitional carry‑overs
Schedule 5 transfers property, rights and liabilities from previous Boards to the Crown and Trusts. Contracts entered by the Tasmanian Library Board concerning the Allport Library are to be deemed contracts of the Management Committee (Schedule 5(5)). Parties dealing with legacy contracts should check whether original contractual terms and parties have been effectively varied by the transitional provisions.
These “gotchas” underscore the importance of document discipline: retain receipts for deposited items, publish and display guidelines and fee notices, maintain accurate accounts for overdue fines and seek Ministerial/Trust approvals where gifts carry conditions. The statutory design gives executive actors latitude; good process reduces litigation and compliance risk.
How to comply
Compliance with the Libraries Act 1984 requires attention to operational rules, transparency obligations, trustee conditions and regulatory delegations. The following practical checklist translates the Act’s provisions into actionable steps for the Secretary, library managers, publishers, donors, Board and Trust members.
For the Secretary and library management
Publish and display guidelines: Ensure any Ministerial guidelines issued under s 9A are kept in the public area of each building or mobile facility and are available for free inspection, as required by s 9A(4)(a)-(b). Consider posting copies in a conspicuous position consistent with s 9A(4)(b) and s 9C(9).
Follow Schedule 4A criteria in setting fees: Use Schedule 4A(1)-(4) to classify services as basic, practical or value‑added and calculate fees on a cost‑recovery principle where reasonably possible. Ensure fees are charged in a method consistent with Schedule 4A(4)(2): hourly rates, set charges or agreements, and provide advance payment options and invoices or receipts as per Schedule 4A(4)(6)-(9).
Implement internal payment and recovery processes: Where fees can be charged, adopt procedures for requiring payment before service, documenting agreements to pay, and recovering unpaid fees as a debt to the Crown in line with s 9B(2)-(4). Maintain records to support both debt recovery and the Secretary’s prima facie evidence obligations for deposited books.
Administer the Overdue Fines Account correctly: Ensure all penalties paid to the State Library Service are credited to the Public Account entry established by s 24(2) and that spending proposals to buy books secure Treasurer approval as required by s 24(4).
Use s 7 powers with gift awareness: Before disposing of items under s 7(3)(j), check Trust records and any gift instrument conditions. Items acquired by gift or under bequest may fall within s 18 obligations; consult the Trust before disposal to avoid breach of condition.
Maintain receipts and records for deposits: When receiving copies under s 22, provide a written receipt as required by s 22(3) and keep records as these receipts are prima facie evidence of compliance (s 22(4)). For periodicals follow the reduced receipting rule in s 22(3).
Process fee reviews within statutory timeframes: Implement an internal workflow to process s 9C reviews: applications must be accepted if in writing within 21 days, determination made within 21 days and notice provided within 14 days. Provide for records of enquiries and reasons to support affirmations or refunds.
For publishers
Deliver required copies promptly: Arrange for a copy of every book published in the State to be delivered to the Secretary at the publisher’s expense within one month of publication (s 22(1)). Ensure the delivered copy meets the quality requirements in s 22(2) and obtain a receipt. Be aware that failure to do so is a summary offence carrying a fine up to 2 penalty units (s 22(6)).
Seek exemptions when appropriate: Where the publisher believes a class of work should be exempt, consider requesting a regulation‑based exemption through the Governor as contemplated in s 22(5); coordinate with industry bodies to present submissions.
For donors and executors of gifts and bequests
Read instruments carefully and secure Ministerial approvals if required: If a gift or bequest is intended for the Trust or Management Committee, be aware that acquisition by the Trust requires Ministerial approval under s 17(1) and that the Trust must administer property in accordance with the instrument and comply with any conditions (s 18(a)-(b)). Note that the Trust may authorise the Public Trustee or a trustee company to act as custodian trustee subject to directions (s 17A), so custodial arrangements should be discussed with the Trust.
Include clear conditions and expectations: Where donors wish to attach conditions, ensure they are clearly articulated in the instrument because the Trust and Management Committee are bound to enforce conditions and the rule against perpetuities will not apply to agreed conditions (ss 17(2), 20(2)).
For Board, Trust and Management Committee members
Observe appointment, meeting and quorum rules: Follow Schedule 1 and Schedules 3 and 4 in relation to terms of office, vacation, convening meetings and quorum requirements (Schedule 1 cl 2-13; Schedule 3 cl 9-12; Schedule 4 cl 9-11). File annual reports to the Secretary after 30 June as required by s 12(f), s 18(c) and s 21(c).
Record conflicts and competency: Be mindful of vacation grounds including misconduct, incompetence or conviction as set out in schedules and Act clauses (Schedule 1 cl 6; Schedule 3 cl 5; Schedule 4 cl 5). Maintain minutes and decision records given the presumptions of validity in the schedules when challenges arise.
For those drafting regulations or guidelines
Ensure procedural fairness and Board consultation: When preparing guidelines under s 9A, comply with Schedule 4A criteria, give the Board a reasonable opportunity to make representations (s 9A(3)) and incorporate notification requirements for users (Schedule 4A(4)-(5)). Because guidelines are not statutory rules (s 9A(8)), formal avenues for parliamentary scrutiny do not apply; robust consultative processes reduce risk.
Limit regulatory penalties consistently: If drafting regulations under s 23, align penalties with s 23(4) caps and ensure continuing offence provisions meet the 0.1 penalty unit daily cap. Provide clear delegation pathways if the regulation authorises determinations by bodies or persons (s 23(5)) and document the basis for any delegations.
Recordkeeping and transparency
Keep clear audit trails for receipts, fees and fines: Maintain detailed accounts for fees collected, refunds issued, and penalties deposited to the Overdue Fines Account, to support Treasury approvals and audits (s 24).
Publish and keep a schedule of fees and terms: Provide users with pre‑service notification of fees, invoices and receipts in the circumstances envisaged by Schedule 4A(4), (6)-(9).
When in doubt seek legal advice
Where gift conditions are complex, where disposal is contemplated for items with donor restrictions, or where guideline content or fee policies may raise questions of administrative law, obtain legal advice. The Act provides internal remedies for fee disputes but does not foreclose external judicial review.
By following these practical steps and embedding statutory timelines into operational processes, the Secretary and other actors can reduce compliance risk, avoid fines or litigation, and ensure transparency to library users and donors in line with the Act’s requirements.
[Part II Heading substituted by No. 14 of 1994, s. 6 ]State Library Service
[Section 3 Amended by No. 53 of 2000, s. 4, Applied:14 Jul 2000]
State Library Service means the system of libraries and library services operated throughout the State and established by this Act;
Trust means the State Library and Archives Trust established under section 16 .
4 State Library Service
4 State Library Service
*[Section 4 Amended by No. 14 of 1994, s. 5 ]*For the purpose of providing, promoting, and advancing, a library service in Tasmania there is established a State Library Service.
Part II [Part II Heading substituted by No. 14 of 1994, s. 6 ]State Library Service
Part II [Part II Heading substituted by No. 14 of 1994, s. 6 ]State Library Service
Division 1 [Part II, Div. 1 Heading inserted by No. 14 of 1994, s. 6 ]Functions and powers of Secretary
Division 1 [Part II, Div. 1 Heading inserted by No. 14 of 1994, s. 6 ]Functions and powers of Secretary
5 Appointment of persons
5 Appointment of persons
[Section 5 Subsection (4) amended by No. 14 of 1994, s. 7 ]
(1) [Section 5 Subsection (1) omitted by No. 14 of 1994, s. 7 ]. . . . . . . .
(2) [Section 5 Subsection (2) omitted by No. 5 of 1990, s. 3 and Sched. 1 ]. . . . . . . .
(3) [Section 5 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] Subject to and in accordance with the State Service Act 2000 , persons may be appointed or employed for the purposes of this Act.
(4) [Section 5 Subsection (4) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001][Section 5 Subsection (4) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001][Section 5 Subsection (4) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] *[Section 5 Subsection (4) amended by No. 5 of 1990, s. 3 and Sched. 1 ]*The Secretary may make arrangements with the Head of a State Service Agency for State Service officers and State Service employees employed in that Agency to be made available to assist the Secretary for the purposes of this Act and such officers and employees may, in conjunction with State Service employment, serve the State Library Service in any capacity.
(5) [Section 5 Subsection (5) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001][Section 5 Subsection (5) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The services of any State Service officer or State Service employee employed in the State Library Service may be used for the purposes of the library services of any Agency, within the meaning of the State Service Act 2000 , or of any council, society, institution, or body.
(6) [Section 5 Subsection (6) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001][Section 5 Subsection (6) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001][Section 5 Subsection (6) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] While the services of any State Service officer or State Service employee are being used as provided in subsection (5) , that officer or employee shall, for all purposes, be deemed to remain a State Service officer or State Service employee.
6 Functions of Secretary
6 Functions of Secretary
(1) *[Section 6 Subsection (1) amended by No. 14 of 1994, s. 8 ]*The functions of the Secretary under this Act are as follows:
(a) to provide library services in the State;
(b) to co-ordinate, direct, and control the management of the State Library Service in the State;
(c) subject to the Archives Act 1983 , to collect and make available for use by the public books relating to the history and development of the State;
(d) to undertake the care and control of –
(i) any land or premises occupied for the purposes of the State Library Service; and
(ii) the books and other personal property in the ownership or possession of the State Library Service;
(e) such other functions as the Minister may, from time to time, determine.
(2) *[Section 6 Subsection (2) amended by No. 14 of 1994, s. 8 ]*The Secretary shall take such measures as he considers necessary to ensure the provision of an efficient library service in the State.
7 Powers of Secretary
7 Powers of Secretary
[Section 7 Subsection (3) amended by No. 30 of 1995, s. 3 and Sched. 1 ]
(1) *[Section 7 Subsection (1) amended by No. 14 of 1994, s. 9 ]*The Secretary may do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of his functions under this Act.
(2) [Section 7 Subsection (2) amended by No. 14 of 1994, s. 9 ]Subsection (1) is not limited by any other provision of this Act conferring a power on the Secretary.
(3) *[Section 7 Subsection (3) amended by No. 14 of 1994, s. 9 ]*The Secretary has power, for or in connection with the performance of his functions –
(a) to make arrangements with the Parliamentary Library Committee for the provision of legislative reference services and other library services for the officers and members of Parliament;
(b) [Section 7 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] to make arrangements with any Agency, within the meaning of the State Service Act 2000 , or any other body, for the purpose of providing libraries and library services for that Agency or body on such terms and conditions as may be agreed from time to time;
(c) to make arrangements with local authorities for the purpose of providing libraries and library services for officers and employees of such authorities on such terms and conditions as may be agreed from time to time;
(d) to lend or make available to any person, society, institution, or body, on such terms and conditions as he thinks fit, any books or other personal property, other than property referred to in clause 4 of Schedule 5 , of which he has the care and control;
(e) to provide, on such terms and conditions as the Minister may determine, library services in addition to those referred to above, as may be desirable;
(f) to provide, on such terms and conditions as the Minister may determine, acquisition, cataloguing, and processing services, consultative and advisory services, and information services, to any library in the State;
(g) to permit any person, society, institution, or body, on and subject to such terms as he may determine, to make use of any premises under his control;
(h) to receive or purchase any books or other personal property for the purposes of this Act;
(i) to accept the transfer to the State of any library on such terms and conditions as the Minister agrees;
(j) subject to section 18 , to dispose of by way of sale, exchange, or otherwise, books or other personal property no longer required for the purposes of this Act on such terms and conditions as the Minister may determine; and
(k) to collate and disseminate information relating to libraries and library services.
8 Consultation by Secretary
8 Consultation by Secretary
*[Section 8 Amended by No. 14 of 1994, s. 10 ]*Before exercising any of his powers under this Act, the Secretary may consult with –
(a) the Board;
(b) [Section 8 Amended by No. 53 of 2000, s. 5, Applied:14 Jul 2000] . . . . . . . .
(c) any relevant committee appointed under this Act;
(d) [Section 8 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] any Head of a State Service Agency;
(e) any public or local authority; or
(f) any other person or body.
Division 2 [Part II, Div. 2 Heading inserted by No. 14 of 1994, s. 11 ]Fees and municipal contributions
Division 2 [Part II, Div. 2 Heading inserted by No. 14 of 1994, s. 11 ]Fees and municipal contributions
9 Library services to be free except in certain cases
9 Library services to be free except in certain cases
*[Section 9 Repealed by No. 5 of 1990, s. 3 and Sched. 1 ]*Except as provided by sections 9A and 9B , the services of the State Library Service are to be provided free of charge.
9A Minister may issue guidelines for charging library fees
9A Minister may issue guidelines for charging library fees
[Section 9A Inserted by No. 14 of 1994, s. 11 ]
(1) The Minister may, in accordance with this section, issue guidelines for the charging of fees for certain library services.
(2) The guidelines –
(a) are to be prepared in accordance with the criteria set out in Schedule 4A ; and
(b) may provide for any matter specified in the guidelines to be from time to time determined, applied or regulated by the Secretary; and
(c) may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the guidelines; and
(d) are to specify the date on which they are issued.
(3) [Section 9A Subsection (3) amended by No. 53 of 2000, s. 6, Applied:14 Jul 2000] The Minister must afford the Board a reasonable opportunity to make representations in respect of the guidelines before they are issued.
(4) The Secretary must –
(a) cause a copy of the guidelines to be kept in the public area of each building or mobile facility from which library services are provided to the public; and
(b) ensure that any library user who wishes to do so may inspect the guidelines free of charge in that building or mobile facility.
(5) The Secretary may cause the guidelines to be published from time to time in each or any newspaper that is published and circulated generally in Tasmania or in the Gazette.
(6) Any person may make representations to the Minister in respect of the guidelines.
(7) The Minister may, not more frequently than once in each 12 month period, revoke the guidelines and issue new guidelines in accordance with this section.
(8) Guidelines are not statutory rules within the meaning of the Rules Publication Act 1953 .
9B Secretary may charge library fees in accordance with guidelines
9B Secretary may charge library fees in accordance with guidelines
[Section 9B Inserted by No. 14 of 1994, s. 11 ]
(1) In this section
prescribed library service means a library service specified in the guidelines as a library service in respect of which a fee may be charged.
(2) The Secretary may, in accordance with the guidelines, charge or authorize the charging of a fee for the provision of a prescribed library service.
(3) The Secretary may determine, in a case to which subsection (2) applies, that the service is not to be provided until the person requesting the service pays or agrees to pay for that service within a specified time and in a specified manner.
(4) If the amount of a fee charged for the provision of a library service is not paid within the time specified for its payment it may be recovered, from the person who requested the service, as a debt due to the Crown.
9C Review of charges
9C Review of charges
[Section 9C Inserted by No. 14 of 1994, s. 11 ]
(1) A person who is of the opinion that a fee charged for a library service provided to that person is not in accordance with the guidelines may apply to the Secretary to have the charge or the amount of the fee reviewed.
(2) An application under subsection (1) is to be –
(a) in writing; and
(b) made within 21 days after the date on which the applicant was advised or notified of the charge.
(3) On receiving an application under subsection (1) , the Secretary –
(a) may make, or cause to be made, such enquiries in respect of the application as the Secretary considers necessary or appropriate; and
(b) must, after considering any matters put by the applicant and having regard to the guidelines, make a determination in respect of the application.
(4) For the purposes of subsection (3) , the Secretary may make a determination to –
(a) affirm the charging of a fee; or
(b) authorize a partial refund of a fee; or
(c) authorize a full refund of a fee.
(5) Nothing in this section authorizes the Secretary to increase the amount of a fee charged for a library service consequent on a review of that fee.
This is an opening excerpt, not the complete document.