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LIBRARIES ACT 1988 - SECT 50 Sale, disposal or exchange of object in State collection

LIBRARIES ACT 1988 - SECT 50

Sale, disposal or exchange of object in State collection

S. 50(1) amended by No. 61/1996 s. 29(d).

    (1)     The Board must not sell or dispose of an object that is part of the State collection unless—

S. 50(1)(a) amended by No. 61/1996 s. 29(d).

        (a)     the Board has resolved that retention of that object or objects of that class is unnecessary and inappropriate to the activities of the Board; and

S. 50(1)(b) amended by No. 61/1996 s. 29(d).

        (b)     the Board has caused to be published and displayed in accordance with subsection (3) a notice containing—

              (i)     a description of the object or class of objects; and

S. 50(1)(b)(ii) amended by No. 61/1996 s. 29(d).

              (ii)     a statement that the Board intends to sell or dispose of that object or an object or objects in that class of objects; and

              (iii)     a statement that any person may object in writing to the proposed sale or disposal within 2 months after the date of publication or display; and

        (c)     either—

              (i)     no objection was received within that period; or

              (ii)     if an objection was so received, the Minister, or a delegate of the Minister, has decided in accordance with this section that the sale or disposal should proceed.

    (2)     Subsection (1) does not apply if an object or class of objects was published for the first time within the preceding 10 years.

    (3)     A notice under subsection (1)(b)—

        (a)     must be published not less than 2 months before the proposed sale or disposal in a newspaper circulating generally in Victoria; and

        (b)     must be displayed on the premises where the State Library is situated in a prominent position accessible to the public for a period of not less than 2 months before the proposed sale or disposal.

S. 50(4) amended by No. 61/1996 s. 29(d).

    (4)     A person may object to the proposed sale or disposal of an object or class of objects under this section by notice in writing given to the Board within 2 months after—

        (a)     the date of publication of a notice under subsection (3)(a); or

        (b)     the date of first display of a notice under subsection (3)(b).

S. 50(5) amended by No. 61/1996 s. 29(d).

    (5)     If the Board receives an objection under subsection (4) and wishes to proceed with the sale or disposal despite the objection, the Board must refer the objection to the Minister.

    (6)     The Minister must—

        (a)     decide whether or not the object or class of objects should be sold or disposed of; and

S. 50(6)(b) amended by No. 61/1996 s. 29(d).

        (b)     cause the Board and every objector to be notified of the Minister's decision.

    (7)     The Minister may, by instrument, delegate to a panel of persons selected by the Minister the power of the Minister under subsection (6)(a).

S. 50(8) amended by No. 61/1996 s. 29(d).

    (8)     The Board may exchange with a body which has objects or functions similar to those of the Board any duplicate material that is part of the State collection.