New South Wales Consolidated Acts

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LIBRARY ACT 1939 - SECT 12

Agreements relating to local libraries

12 Agreements relating to local libraries

(1)
(a) Two or more local authorities may enter into an agreement whereby the local authority of one area undertakes the function of providing, controlling and managing libraries, library services or information services within the area or areas of the other local authority or local authorities.
(b) Any such agreement shall specify the terms and conditions upon which the libraries, library services or information services shall be so provided, controlled and managed.
(c) The local authority undertaking the function of providing, controlling and managing libraries, library services or information services pursuant to an agreement under this subsection shall have, in relation to the area or areas of the other contracting local authority or contracting local authorities, such of the powers and duties of a local authority relating to the provision, control and management of libraries, library services and information services as may be delegated to it by the agreement.
(2)
(a) Two or more local authorities may enter into an agreement whereby the local authority of one area undertakes to exercise, for and on behalf of the local authority or local authorities of any other area or areas, within such other area or areas, any specified power or duty of a local authority in relation to the provision, control and management of libraries, library services and information services.
(b) Any such agreement shall specify the terms and conditions upon which such power or duty shall be so exercised.
(3) Any agreement made under this section shall be made to have effect for a period to be specified therein.
(4) An agreement made under this section may provide that on termination of the agreement an adjustment shall be made of the interests of the several local authorities which are parties thereto in any property to the provision of which they have contributed and as to the mode in which the adjustment shall be arrived at.
(5) It shall be a term of every agreement made under this section, whether the agreement is made before or after the day appointed and notified under section 2 (2) of the Library (Amendment) Act 1977 , that any dispute arising under the agreement shall, on the application to the Council of a party to that agreement, be settled by arbitration by an arbitrator appointed by the Council.



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