Victorian Consolidated Legislation

Local Government Act 1989 - SECT 196

Regional libraries

196. Regional libraries



(1) This section applies if a Council enters into an agreement with a public
body to form a regional library to service the area specified in the
agreement.

(1A) For the purposes of this section, a reference to a public body includes a
reference to a regional library.

(2) The agreement has no effect unless it is approved by the Minister by
notice published in the Government Gazette.





(3) On the date the agreement takes effect, the regional library that is
formed by the agreement becomes a regional library to which subsection (4)
applies.

(4) A regional library-

   (a)  is a body corporate with perpetual succession; and

   (b)  must have a common seal; and

   (c)  may sue or be sued in its corporate name; and

   (d)  is capable of acquiring, holding, dealing with or disposing of
        property for the purpose of performing any function or power specified
        in the agreement; and

   (e)  is capable of doing and suffering all acts and things which bodies
        corporate may by law do and suffer and which are necessary or
        expedient for performing any function or power specified in the
        agreement.

(5) The common seal of a regional library must-





   (a)  bear the title of the regional library and any other word, letter,
        sign or device which the regional corporation determines should be
        included; and

   (b)  be kept at the office of the regional library; and



   (c)  be used only by resolution of the regional library.



(6) All courts, judges and persons acting judicially must take judicial notice
of the imprint of the seal of a regional library on any document and must
presume that the document was properly sealed until the contrary is proved.

(7) The following provisions apply to a regional library as if it were a
Council and as if the members of its governing body were Councillors-

   (a)  sections 75 to 81;

   (b)  Division 2 of Part 4 (except section 84);

   (c)  Division 3 of Part 4 except-

   (i)  section 98; and

   (ii) that a reference to a senior officer is to be construed as if
        paragraph (b) of the definition of senior officer were omitted;

   (d)  Part 5;

   (e)  Part 6 (except sections 131(1)(d), 131(1)(e), 132 and 133);

   (f)  sections 136, 137, 140, 143 and 147;

   (g)  section 186 and sections 189 to 194;

   (h)  Part 11 (except sections 221, 225, 226, 227, 227AA, 229 and 230).

(7A) For the purposes of the application of sections 75 to 81 by subsection
(7)(a), a member of the governing body of a regional library, who is a
Councillor that was appointed to the governing body by the Council, is taken
to not have a conflict of interest in a matter only because he or she is a
Councillor.



(8) If an agreement requires the approval of the Minister to any proposed
amendment of the agreement, then an amendment has no effect unless it is
approved by the Minister by notice published in the Government Gazette.

(9) If an agreement does not specify the date on which it is to come into
effect, it comes into effect on the date on which notice of the Minister's
approval is published in the Government Gazette.

(10) The parties to an agreement to which this section applies are jointly and
severally liable for the debts of the regional library formed under the
agreement unless the agreement specifies otherwise.