Victorian Consolidated Legislation

Libraries Act 1988 - SECT 50

Sale, disposal or exchange of object in State collection

50. Sale, disposal or exchange of object in State collection



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



   (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

   (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

   (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.

(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).

(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

   (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).

(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.