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Western Australia
Culture, Libraries and the Arts Bill 1998
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Objects 2
4. Definitions 2
Part 2 -- Administration
Division 1 -- The Corporate Minister
5. Definitions 4
6. Minister to be a body corporate 4
7. Property vested in the Corporate Minister 5
8. Functions of the Corporate Minister 5
9. Certain functions of the Corporate Minister in
relation to library materials, public libraries, etc. 6
10 . Corporate Minister to direct advisory boards to give
advice before performing certain functions 7
11 . Directions from Corporate Minister to advisory
body to reconsider advice 8
12 . Corporate Minister may direct advisory bodies to
give policy advice 9
page i
35--1
Culture, Libraries and the Arts Bill 1998
Contents
13 . Chief executive officer to give effect to policies of
Corporate Minister 10
14 . Powers of the Corporate Minister 10
15 . Exercise of powers under section 14(2)(c) 11
16 . Delegation 12
17 . Subdelegation 13
18 . Application of Financial Administration and Audit
Act 1985 13
Division 2 -- The department
19 . Department 14
20 . Department may use certain names 14
21 . Delegation by chief executive officer 14
Division 3 -- Staff employed in the department
22 . Definition 15
23 . Categories of staff 15
24 . Provisions applicable to other officers and wages
staff 16
Division 4 -- State Librarian
25 . State Librarian, and savings 16
Part 3 -- The Libraries Council of Western
Australia
Division 1 -- Preliminary
26 . Definition 18
Division 2 -- Establishment and constitution of Libraries
Council of Western Australia
27 . Libraries Council of Western Australia established 18
28 . Members of Libraries Council 18
29 . State Librarian may attend Libraries Council
meetings 19
30 . Constitution and proceedings of Libraries
Council -- Schedule 1 19
page ii
Culture, Libraries and the Arts Bill 1998
Contents
31 . Remuneration and allowances 20
32 . Libraries Council to be provided with support
services 20
Division 3 -- Functions and powers
33 . Functions of Libraries Council 20
34 . Powers of Libraries Council 21
Division 4 -- Miscellaneous
35 . Minister may give directions 21
36 . Annual report of Libraries Council 22
Part 4 -- Preservation of Publications
37 . Definitions 23
38 . Application of this Part 23
39 . Corporate Minister to be given copy of publications
published in Western Australia 23
40 . Publication to include normal containers, wrapping,
etc. 24
41 . Receipt to be given 24
42 . Copy to be of best quality 24
43 . Publication becomes property of Corporate Minister 25
44 . Exemptions 25
Part 5 -- His Majesty's Theatre Performing
Arts Foundation
45 . Definitions 26
46 . Establishment of His Majesty's Theatre Performing
Arts Foundation 26
47 . Governing council 26
48 . Functions and powers of the Foundation 27
49 . Financial arrangements 27
50 . Application of Financial Administration and Audit
Act 1985 28
51 . Rules 29
page iii
Culture, Libraries and the Arts Bill 1998
Contents
Part 6 -- Miscellaneous
52 . Protection from liability for wrongdoing 30
53 . Regulations 30
54 . Review of Arts Acts 30
55 . Transitional provisions -- Schedule 2 31
Schedule 1 -- The Libraries Council of Western
Australia
1. Definition 32
2. Term of office 32
3. Vacation of office 32
4. Leave of absence 33
5. Chairman unable to act 33
6. Member unable to act 33
7. Saving 33
8. Calling of meetings 33
9. Presiding officer 34
10 . Quorum 34
11 . Voting 34
12 . Minutes 34
13 . Resolution without meeting 35
14 . Holding meetings remotely 35
15 . Committees 35
16 . Disclosure of interests 36
17 . Voting by interested members 36
18 . Clause 17 may be declared inapplicable 37
19 . Quorum where clause 17 applies 37
20 . Minister may declare clauses 17 and 19 inapplicable 37
Schedule 2 -- Transitional provisions
1. Definitions 38
2. Interpretation Act to apply 39
page iv
Culture, Libraries and the Arts Bill 1998
Contents
3. Former bodies corporate abolished 39
4. Devolution of assets and liabilities, etc. 39
5. Completion of things begun 40
6. Continuing effect of things done 40
7. Agreements and instruments 40
8. Financial reporting of former bodies corporate 40
9. Further transitional provisions may be made 41
10 . Exemption from State tax 41
11 . Registration of documents 42
12 . Saving 42
page v
Western Australia
LEGISLATIVE ASSEMBLY
Culture, Libraries and the Arts Bill 1998
A Bill for
An Act to constitute the Minister for the Arts as a body corporate, to
establish the Libraries Council of Western Australia and His
Majesty's Performing Arts Foundation, to provide for the
5 preservation of certain publications, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Culture, Libraries and the Arts Bill 1998
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Culture, Libraries and the Arts
Act 1998.
5 2. Commencement
The provisions of this Act come into operation on such day as
is, or days as are respectively, fixed by proclamation.
3. Objects
The objects of this Act include the following --
10 (a) to promote the development of culture and the arts in the
State and an environment in which that development can
take place;
(b) to provide for the acquisition, preservation and display
of materials relating to the cultural, documentary,
15 literary and artistic heritage and natural history of the
State;
(c) to provide the public with access to culture and the arts;
(d) to promote and facilitate the provision of an integrated
system of public library and information services in the
20 State; and
(e) to provide for the preservation of certain publications.
4. Definitions
In this Act, unless the contrary intention appears --
"advisory body" means the Art Gallery Advisory Board, the
25 Libraries Council or the Museum Council;
"Art Gallery Advisory Board" means the body established by
section 5 of the Art Gallery Act 1959;
page 2
Culture, Libraries and the Arts Bill 1998
Preliminary Part 1
s. 4
"Arts Acts" means this Act, the Art Gallery Act 1959 and the
Museum Act 1969;
"Corporate Minister" means the body corporate established by
section 6;
5 "department" means the department referred to in section 19;
"gift" includes gift by will;
"Libraries Council" means the Libraries Council of Western
Australia established by section 27;
"library" does not include a library operated in the private
10 sector for profit;
"library and information services" does not include library
and information services provided in the private sector for
profit;
"LISWA" means the library and information service operated
15 by the department under the name "the Library and
Information Service of Western Australia";
"Museum Council" means the body established by section 7 of
the Museum Act 1969;
"participating body" means a local government, or a body that
20 is, or that is a member of a class that is, prescribed for the
purposes of this definition;
"public library" means a library established under an
agreement entered into by the Corporate Minister with a
participating body under section 9(3);
25 "State Librarian" means the person referred to in section 25;
"Western Australian Municipal Association" means the body
corporate constituted under section 9.58 of the Local
Government Act 1995.
page 3
Culture, Libraries and the Arts Bill 1998
Part 2 Administration
Division 1 The Corporate Minister
s. 5
Part 2 -- Administration
Division 1 -- The Corporate Minister
5. Definitions
In this Division --
5 "property" means property of every kind, whether real or
personal, tangible or intangible, corporeal or incorporeal,
and any interest in property;
"the common seal" means the common seal of the Corporate
Minister.
10 6. Minister to be a body corporate
(1) For the purposes of the Arts Acts, the Minister --
(a) is a body corporate with perpetual succession and is to
have a common seal; and
(b) may sue and be sued in the Corporate Minister's name.
15 (2) The name of the Corporate Minister is to be the designation that
is, from time to time, conferred on the Minister by the Governor
under the Constitution Acts Amendment Act 1899.
(3) All courts, judges and persons acting judicially are to take
notice of the common seal affixed to any document and are to
20 presume that it was duly affixed.
(4) The Corporate Minister may, by writing under the common seal,
authorize the chief executive officer, either generally or in
respect of a specified matter or specified matters, to execute
deeds or other instruments on its behalf.
page 4
Culture, Libraries and the Arts Bill 1998
Administration Part 2
The Corporate Minister Division 1
s. 7
(5) A deed or other instrument executed by the chief executive
officer on behalf of the Corporate Minister binds the Corporate
Minister and has the same effect as if it were under the common
seal.
5 7. Property vested in the Corporate Minister
Property acquired or held for the purposes of the Arts Acts is
vested in the Corporate Minister.
8. Functions of the Corporate Minister
The functions of the Corporate Minister are --
10 (a) to promote and further the objects of this Act;
(b) to consult with, and ask for and receive advice from, the
Art Gallery Advisory Board, the Libraries Council and
the Museum Council;
(c) to acquire, hold, protect, preserve, display and dispose
15 of materials and collections of materials relating to the
cultural, documentary, literary and artistic heritage and
natural history of the State;
(d) to turn to account any resource or intellectual property
that is vested in the Corporate Minister;
20 (e) to use the knowledge, expertise and resources of the
department to provide consultative, advisory or other
services;
(f) to apply for, hold, exploit and dispose of any patent,
patent rights, design rights, copyright or similar rights;
25 and
(g) to perform any other function conferred on the
Corporate Minister by the Arts Acts.
page 5
Culture, Libraries and the Arts Bill 1998
Part 2 Administration
Division 1 The Corporate Minister
s. 9
9. Certain functions of the Corporate Minister in relation to
library materials, public libraries, etc.
(1) The Corporate Minister --
(a) is to establish, maintain and expand collections of
5 library materials and, in particular, a comprehensive
collection of library materials that are of Western
Australian origin or otherwise have a special relevance
to the State and is to promote those collections to the
public for the purposes of providing information,
10 education and entertainment;
(b) is to ensure that, as far as practicable, the public has free
access to library materials and to information stored in
libraries and other institutions in which information is
stored and made publicly available, both within and
15 outside the State; and
(c) is to ensure that library and information services are
available to help meet the needs of the public for access
to information.
(2) The Corporate Minister is to enter into an agreement with the
20 Western Australian Municipal Association for the purpose of
establishing the principles that are to govern any agreement
referred to in subsection (3) that the Corporate Minister enters
into with a local government.
(3) The Corporate Minister may enter into an agreement with a
25 participating body for the purpose of establishing, promoting,
organizing, registering or supervising public libraries.
page 6
Culture, Libraries and the Arts Bill 1998
Administration Part 2
The Corporate Minister Division 1
s. 10
10. Corporate Minister to direct advisory boards to give advice
before performing certain functions
(1) In this section --
"Art Gallery" has the meaning given in section 4 of the Art
5 Gallery Act 1959;
"Museum" has the meaning given in section 6 of the Museum
Act 1969.
(2) Before the Corporate Minister performs any function --
(a) that relates to the Art Gallery; and
10 (b) that is a prescribed function or a function of a prescribed
class,
the Corporate Minister is to direct the Art Gallery Board to give
written advice on the performance of the function to the
Corporate Minister.
15 (3) Before the Corporate Minister performs any function --
(a) that relates to the Museum; and
(b) that is a prescribed function or a function of a prescribed
class,
the Corporate Minister is to direct the Museum Council to give
20 written advice on the performance of the function to the
Corporate Minister.
(4) Before the Corporate Minister performs any function --
(a) that relates to public libraries or library or information
services; and
page 7
Culture, Libraries and the Arts Bill 1998
Part 2 Administration
Division 1 The Corporate Minister
s. 11
(b) that is a prescribed function or a function of a prescribed
class,
the Corporate Minister is to direct the Libraries Council to give
written advice on the performance of the function to the
5 Corporate Minister.
(5) An advisory body is to comply with a direction given to the
advisory body under this section.
(6) Nothing in this section, section 11 or section 12 limits the
matters on which or the manner in which --
10 (a) the Corporate Minister may ask for advice from an
advisory body; or
(b) an advisory body may give advice to the Corporate
Minister.
11. Directions from Corporate Minister to advisory body to
15 reconsider advice
(1) The Corporate Minister --
(a) before performing a function otherwise than in
accordance with advice given to the Corporate Minister
by an advisory body for the purposes of section 10, is to
20 direct the advisory body; and
(b) at any time when the Corporate Minister considers that
such advice should be reconsidered, may direct the
advisory body,
to reconsider the advice, either generally or by reference to
25 matters specified in the direction.
page 8
Culture, Libraries and the Arts Bill 1998
Administration Part 2
The Corporate Minister Division 1
s. 12
(2) An advisory body is to comply with a direction given to the
advisory body under subsection (1) and is to give to the
Corporate Minister --
(a) written confirmation of the advice in relation to which
5 the direction was given; or
(b) revised written advice.
(3) If the Corporate Minister performs a function otherwise than in
accordance with advice confirmed or revised under
subsection (2), the Minister is to cause a copy of the text of the
10 advice to be laid before each House of Parliament as soon as
practicable after the Corporate Minister has performed the
function.
12. Corporate Minister may direct advisory bodies to give
policy advice
15 (1) The Corporate Minister may direct an advisory body to give
advice on the formulation of a policy relating to the
performance of a function of the Corporate Minister, and the
advisory body is to comply with the direction.
(2) The Corporate Minister may formulate a policy in accordance
20 with advice given by the advisory body or otherwise than in
accordance with that advice.
(3) The Corporate Minister may vary or revoke a policy formulated
under subsection (2).
(4) Subsections (1) and (2) apply, with any necessary changes, to
25 the variation or revocation of a policy in the same way as they
apply to the formulation of a policy.
page 9
Culture, Libraries and the Arts Bill 1998
Part 2 Administration
Division 1 The Corporate Minister
s. 13
13. Chief executive officer to give effect to policies of Corporate
Minister
If the Corporate Minister informs the chief executive officer in
writing of a policy formulated, varied or revoked by the
5 Corporate Minister under section 12, the chief executive officer
is to give effect to the policy, or to the variation or revocation of
the policy, as if directed by the Minister to do so.
14. Powers of the Corporate Minister
(1) The Corporate Minister may do all things necessary or
10 convenient to be done for or in connection with the performance
of the Corporate Minister's functions.
(2) Without limiting subsection (1), and subject to section 10, the
Corporate Minister may for the purposes of performing any
function --
15 (a) acquire, hold, manage, improve, develop and dispose of
property or an interest in property;
(b) accept any unconditional gift or any gift subject to
conditions to which the Corporate Minister agrees;
(c) subject to section 15, participate in any business
20 arrangement and acquire, hold and dispose of shares,
units or other interests in, or relating to, a business
arrangement;
(d) enter into any contract, agreement or arrangement;
(e) fix and collect fees, charges or other payments for or in
25 respect of the provision of services or the performance
of work by the department; and
(f) do anything incidental to any of the Corporate
Minister's powers.
page 10
Culture, Libraries and the Arts Bill 1998
Administration Part 2
The Corporate Minister Division 1
s. 15
(3) In exercising any power under this section the Corporate
Minister may act in conjunction with --
(a) any person or firm or any public authority; or
(b) any local government, any department of the Public
5 Service or any agency of the State or the
Commonwealth.
(4) In subsection (2) --
"acquire" includes taking on lease or licence or in any other
manner in which property or an interest in property may be
10 acquired;
"business arrangement" means a company, a partnership, a
trust, a joint venture, or an arrangement for sharing profits;
"dispose of " includes dispose of by way of lease or in any
other manner in which property or an interest in property
15 may be disposed of;
"participate" includes form, promote, establish, enter, manage,
dissolve, wind up, and do anything incidental to
participating in a business arrangement.
15. Exercise of powers under section 14(2)(c)
20 (1) Subject to subsection (3), the Corporate Minister may only
exercise a power under section 14(2)(c) with the written
approval of the Treasurer.
(2) The approval of the Treasurer may be subject to any terms and
conditions specified in the approval.
page 11
Culture, Libraries and the Arts Bill 1998
Part 2 Administration
Division 1 The Corporate Minister
s. 16
(3) Subsection (1) does not apply to the exercise of a power by the
Corporate Minister if --
(a) the Treasurer has given written notice to the Corporate
Minister that powers of a particular class, or to be
5 exercised in particular circumstances, do not require the
Treasurer's approval; and
(b) that notice applies to the power to be exercised.
(4) The Treasurer may give written directions to be complied with
generally by the Corporate Minister in the exercise of a power
10 referred to in subsection (1).
16. Delegation
(1) The Corporate Minister may, in writing, delegate to the chief
executive officer the performance of any of the Corporate
Minister's functions under the Arts Acts.
15 (2) A delegation may be general or as otherwise provided in the
instrument of delegation.
(3) Performance of a function of the Corporate Minister by the
chief executive officer --
(a) is to be taken to be in accordance with the terms of a
20 delegation under this section, unless the contrary is
shown; and
(b) is to be treated as performance by the Corporate
Minister.
(4) The chief executive officer is subject to the direction and
25 control of the Corporate Minister in the performance of a
function delegated to the chief executive officer under this
section.
page 12
Culture, Libraries and the Arts Bill 1998
Administration Part 2
The Corporate Minister Division 1
s. 17
17. Subdelegation
(1) The Corporate Minister may, in an instrument by which a
function is delegated to the chief executive officer under
section 16, authorize the chief executive officer to subdelegate
5 that function to --
(a) a specified officer of the department; or
(b) the holder or holders for the time being of a specified
office, or class of office, within the department.
(2) Apart from subsection (1), a delegation under section 16 does
10 not include the power to subdelegate.
(3) A person to whom a function is subdelegated under this section
remains subject to the direction and control of the chief
executive officer.
(4) Sections 58 and 59 of the Interpretation Act 1984 apply to a
15 subdelegation under this section in the same way as they apply
to a delegation.
18. Application of Financial Administration and Audit Act 1985
Any acts or things done by the Corporate Minister under this
Division are to be regarded as --
20 (a) services under the control of the department for the
purposes of section 52 of the Financial Administration
and Audit Act 1985; and
(b) part of the operations of the department for the purposes
of Division 13 of Part II of that Act.
page 13
Culture, Libraries and the Arts Bill 1998
Part 2 Administration
Division 2 The department
s. 19
Division 2 -- The department
19. Department
There is to be a department of the Public Service with a function
of principally assisting the Minister in the administration of the
5 Arts Acts.
20. Department may use certain names
(1) In performing any of its operations, the department may use,
and operate under, the following names --
(a) ArtsWA;
10 (b) the Art Gallery of Western Australia;
(c) the Library and Information Service of Western
Australia (or the abbreviation "LISWA");
(d) the Perth Theatre Trust;
(e) the Western Australian Museum.
15 (2) Subsection (1) does not limit section 35 of the Public Sector
Management Act 1994.
21. Delegation by chief executive officer
(1) The chief executive officer may, in writing, delegate to --
(a) a specified officer of the department; or
20 (b) the holder or holders for the time being of a specified
office, or class of office, within the department,
the performance of any of the chief executive officer's functions
under the Arts Acts except this power of delegation.
(2) A delegation may be general or as otherwise provided in the
25 instrument of delegation.
page 14
Culture, Libraries and the Arts Bill 1998
Administration Part 2
Staff employed in the department Division 3
s. 22
(3) Performance of a function of the chief executive officer by an
officer --
(a) is to be taken to be in accordance with the terms of a
delegation under this section, unless the contrary is
5 shown; and
(b) is to be treated as performance by the chief executive
officer.
(4) A person to whom a function is delegated under this section
remains subject to the direction and control of the chief
10 executive officer.
Division 3 -- Staff employed in the department
22. Definition
In this Division --
"other officers" means officers referred to in section 23(1)(b).
15 23. Categories of staff
(1) To enable the operations of the department to be performed,
persons may be employed in the department --
(a) as public service officers appointed or made available
under Part 3 of the Public Sector Management Act 1994;
20 (b) as other officers; or
(c) as wages staff.
(2) Subsection (1) does not affect the power of the chief executive
officer to engage a person under a contract for services under
section 100 of the Public Sector Management Act 1994.
page 15
Culture, Libraries and the Arts Bill 1998
Part 2 Administration
Division 4 State Librarian
s. 24
24. Provisions applicable to other officers and wages staff
(1) Part 3 of the Public Sector Management Act 1994 does not
apply to other officers or wages staff.
(2) The power to engage and manage other officers and wages staff
5 is vested in the chief executive officer.
(3) The power conferred by subsection (2) includes powers to
determine remuneration and other terms and conditions of
employment of other officers and wages staff, to remove,
suspend and discipline other officers and wages staff and to
10 terminate the employment of other officers and wages staff.
(4) The remuneration of, and other terms and conditions of
employment of, other officers and wages staff are not to be less
favourable than is provided for in --
(a) an applicable industrial award, order or agreement under
15 the Industrial Relations Act 1979; or
(b) the Minimum Conditions of Employment Act 1993.
(5) Nothing in this section affects the operation of the Workplace
Agreements Act 1993.
Division 4 -- State Librarian
20 25. State Librarian, and savings
(1) A qualified librarian is to be employed in accordance with
section 23 as the State Librarian.
(2) The State Librarian is to manage LISWA and is to be the
principal executive officer of the Libraries Council.
page 16
Culture, Libraries and the Arts Bill 1998
Administration Part 2
State Librarian Division 4
s. 25
(3) Despite this section, the person appointed and holding office as
State Librarian under section 6 of the Library Board of Western
Australia Act 1951 immediately before the commencement of
this section continues, subject to this Act, to hold office for the
5 remainder of the period for which he or she was appointed.
page 17
Culture, Libraries and the Arts Bill 1998
Part 3 The Libraries Council of Western Australia
Division 1 Preliminary
s. 26
Part 3 -- The Libraries Council of Western Australia
Division 1 -- Preliminary
26. Definition
In this Part --
5 "member" means a member of the Libraries Council.
Division 2 -- Establishment and constitution of Libraries
Council of Western Australia
27. Libraries Council of Western Australia established
A body called the Libraries Council of Western Australia is
10 established.
28. Members of Libraries Council
(1) The Libraries Council is to consist of 7 persons appointed by the
Minister as follows --
(a) 3 persons who, in the Minister's opinion, have expertise
15 or experience in local government, having been selected
from 9 persons nominated to the Minister by the
Western Australian Municipal Association;
(b) 3 persons who, in the Minister's opinion, are
representative of the public and have expertise or
20 experience relevant to the functions of the Libraries
Council; and
(c) a chairman who, in the Minister's opinion, is a person
with standing in the community and an interest in
promoting public libraries.
page 18
Culture, Libraries and the Arts Bill 1998
The Libraries Council of Western Australia Part 3
Establishment and constitution of Libraries Council of Division 2
Western Australia
s. 29
(2) If insufficient nominations are given to the Minister for the
purposes of subsection (1)(a), the Minister may make the
necessary appointments at his or her discretion.
(3) Before making an appointment under subsection (1)(c), the
5 Minister is to consult with the president of the Western
Australian Municipal Association.
(4) The person appointed chairman under subsection (1)(c) is not to
be employed in the Public Service or in local government, and
the Minister is to terminate the person's appointment if the
10 person becomes so employed and does not resign from the
office of chairman.
(5) The Minister may appoint one of the members appointed under
subsection (1)(a) or (b) to be deputy chairman of the Libraries
Council.
15 (6) If no appointment is made by the Minister under subsection (5),
the Libraries Council is to elect one of its members to be deputy
chairman.
29. State Librarian may attend Libraries Council meetings
The person for the time being holding or acting in the office of
20 State Librarian may attend any meeting of the Libraries Council
but is not entitled to vote.
30. Constitution and proceedings of Libraries Council --
Schedule 1
(1) Schedule 1 has effect.
25 (2) Subject to this Part, the Libraries Council is to determine its
own procedures.
page 19
Culture, Libraries and the Arts Bill 1998
Part 3 The Libraries Council of Western Australia
Division 3 Functions and powers
s. 31
31. Remuneration and allowances
(1) A member is to be paid any remuneration and travelling and
other allowances that the Minister from time to time determines
on the recommendation of the Minister for Public Sector
5 Management.
(2) In subsection (1) --
"member" includes a member of a committee of the Libraries
Council appointed under clause 15 of Schedule 1.
32. Libraries Council to be provided with support services
10 The chief executive officer is to provide the Libraries Council
with any support services that the Libraries Council may
reasonably require.
Division 3 -- Functions and powers
33. Functions of Libraries Council
15 (1) The functions of the Libraries Council are --
(a) to formulate policies and give advice to the Corporate
Minister on acquiring, holding, protecting, preserving,
displaying and disposing of library materials and
collections of library materials and, in particular, a
20 comprehensive collection of library materials that are of
Western Australian origin or otherwise have a special
relevance to the State;
(b) to formulate policies and standards for the provision to
the public of library and information services and to
25 monitor compliance with those policies and standards;
(c) to promote and encourage the continuing provision to
the public of free public library services;
page 20
Culture, Libraries and the Arts Bill 1998
The Libraries Council of Western Australia Part 3
Miscellaneous Division 4
s. 34
(d) to give advice and make recommendations to the
Minister, the Corporate Minister, participating bodies
and, with the approval of the Minister, other persons or
bodies on all matters in relation to public libraries and
5 library and information services provided by public
libraries, including matters of policy and administration;
(e) to promote a coordinated system of library and
information services that satisfies the needs of the
public;
10 (f) to monitor and evaluate developments in matters
relevant to libraries;
(g) to undertake, collaborate in or procure research, studies
or planning in relation to the future needs and future
development of library and information services; and
15 (h) to consult with participating bodies and other
community bodies on matters relevant to libraries.
(2) Before giving advice or making recommendations to the
Minister or the Corporate Minister on a matter, the Libraries
Council is to undertake any public consultation in relation to the
20 matter that it considers appropriate.
34. Powers of Libraries Council
The Libraries Council may do all things necessary or convenient
to be done for or in connection with the performance of its
functions.
25 Division 4 -- Miscellaneous
35. Minister may give directions
(1) The Minister may give directions in writing to the Libraries
Council with respect to the performance of its functions or the
exercise of its powers, either generally or in relation to a
page 21
Culture, Libraries and the Arts Bill 1998
Part 3 The Libraries Council of Western Australia
Division 4 Miscellaneous
s. 36
particular matter, and the Libraries Council is to give effect to
any such direction.
(2) The text of a direction given under subsection (1) is to be
included in the annual report of the Libraries Council under
5 section 36.
36. Annual report of Libraries Council
(1) Despite the Financial Administration and Audit Act 1985, the
Libraries Council, as soon as practicable after 1 January in each
year, is to prepare and give to the Minister a report on its
10 operations and proceedings during the 12 months ending on the
preceding 31 December.
(2) The Minister is to cause the report --
(a) to be laid before each House of Parliament as soon as
practicable after the Minister has received it; and
15 (b) to be published in any manner that the Minister thinks
fit.
page 22
Culture, Libraries and the Arts Bill 1998
Preservation of Publications Part 4
s. 37
Part 4 -- Preservation of Publications
37. Definitions
In this Part --
"publication" means --
5 (a) a book, or a part or division of a book;
(b) a newspaper, magazine, journal or pamphlet;
(c) a map, plan, chart or table;
(d) printed music;
(e) a film, tape, disc or other device or medium on which
10 visual images are, or sound or information is, stored
and capable of being reproduced; or
(f) anything prescribed to be a publication for the
purposes of this definition;
"specified", in relation to a notice under section 44(1), means
15 specified in the notice.
38. Application of this Part
(1) This Part applies to a publication published on or after
9 December 1994.
(2) For the purposes of section 39(1), a publication to which this
20 Part applies published before the day on which this Part comes
into operation is to be taken to have been published on that day.
39. Corporate Minister to be given copy of publications
published in Western Australia
(1) Subject to subsection (2), a person who publishes a publication
25 in the State to the general public must, at the person's own
expense and within one month after publication, give a copy of
page 23
Culture, Libraries and the Arts Bill 1998
Part 4 Preservation of Publications
s. 40
the publication to the Corporate Minister in accordance with
guidelines issued by the chief executive officer.
Penalty: $10 000.
(2) Subsection (1) does not apply to an edition of a publication that
5 does not differ from a former edition of that publication, a copy
of which has been given to the Corporate Minister under that
subsection.
(3) If a court convicts a person of an offence under subsection (1),
the court, in addition to any penalty imposed or other order
10 made in relation to the offence, is to order the person to give to
the Corporate Minister the publication in question, if the person
has not already done so, in accordance with any directions the
court thinks fit to give and specifies in the order.
40. Publication to include normal containers, wrapping, etc.
15 A publication given to the Corporate Minister under section 39
is to include any container, wrapping material, notices,
instructions or other material that would normally accompany
the publication.
41. Receipt to be given
20 (1) The chief executive officer is to give a receipt for a publication
given to the Corporate Minister under section 39.
(2) It is enough if a receipt is given once a year for copies of a
periodical publication.
42. Copy to be of best quality
25 A reference in section 39 to a copy of a publication is, if the
publication is published in various forms of differing quality, a
reference to a copy of the publication of the best quality.
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Culture, Libraries and the Arts Bill 1998
Preservation of Publications Part 4
s. 43
43. Publication becomes property of Corporate Minister
A publication given to the Corporate Minister under section 39
becomes the property of the Corporate Minister and may be
dealt with as the Corporate Minister thinks fit.
5 44. Exemptions
(1) The Minister may by notice published in the Gazette--
(a) exempt a specified publication or publications of a
specified class from the definition of "publication" in
section 37; or
10 (b) exempt a specified person or persons of a specified class
from complying with section 39(1).
(2) Without limiting subsection (1), the Minister is to grant an
exemption under that subsection if, in the Minister's opinion, it
would be unreasonable or impracticable for section 39(1) to be
15 complied with in relation to a specified past publication or past
publications of a specified class.
(3) In subsection (2) --
"past publication" means a publication referred to in
section 38(2).
page 25
Culture, Libraries and the Arts Bill 1998
Part 5 His Majesty's Theatre Performing Arts Foundation
s. 45
Part 5 -- His Majesty's Theatre Performing Arts
Foundation
45. Definitions
In this Part --
5 "Foundation" means His Majesty's Theatre Performing Arts
Foundation established by section 46;
"Fund" means His Majesty's Theatre Performing Arts
Foundation Fund referred to in section 49;
"His Majesty's Theatre" means the theatre operated under that
10 name by the department;
"rules" means the rules made by the Minister under section 51.
46. Establishment of His Majesty's Theatre Performing Arts
Foundation
(1) A body corporate called His Majesty's Theatre Performing Arts
15 Foundation is established.
(2) The Foundation --
(a) has perpetual succession and is to have a common seal;
and
(b) may sue and be sued.
20 47. Governing council
The Foundation is to have a council that, subject to this Part, is
to be the governing body of the Foundation.
page 26
Culture, Libraries and the Arts Bill 1998
His Majesty's Theatre Performing Arts Foundation Part 5
s. 48
48. Functions and powers of the Foundation
(1) The functions of the Foundation are --
(a) to attract and retain for His Majesty's Theatre and the
performing arts in general in the State continuing public
5 interest and financial support;
(b) to encourage gifts to maintain, improve and develop --
(i) the services and facilities provided by His
Majesty's Theatre; and
(ii) the performing arts in general in the State;
10 and
(c) to give directions or make recommendations to the chief
executive officer as to the manner in which moneys
standing to the credit of the Fund are to be applied for
the benefit of His Majesty's Theatre and the performing
15 arts in general in the State.
(2) The Foundation may accept a gift if it is absolute or if it is --
(a) subject to conditions; or
(b) for the purpose of benefiting anything,
and complying with those conditions, or conferring that benefit,
20 is within the functions of the Foundation.
(3) The Foundation may do all things necessary or convenient to be
done for or in connection with the performance of its functions.
49. Financial arrangements
(1) There is to be a trust account to be known as His Majesty's
25 Theatre Performing Arts Foundation Fund at the Treasury,
forming part of the Trust Fund constituted under section 9 of the
Financial Administration and Audit Act 1985.
page 27
Culture, Libraries and the Arts Bill 1998
Part 5 His Majesty's Theatre Performing Arts Foundation
s. 50
(2) Funds received by the Foundation from the performance of its
functions are to be credited to the Fund.
(3) Any expenditure lawfully incurred by the Foundation in the
performance of its functions is to be charged to and paid out of
5 the Fund.
(4) Subject to subsection (5), moneys standing to the credit of the
Fund are subject to the direction and control of the chief
executive officer and may be applied for the purposes of
carrying this Act into effect or otherwise applied for the
10 purposes of His Majesty's Theatre and the performing arts in
general in the State.
(5) In determining the manner in which moneys standing to the
credit of the Fund are to be applied, the chief executive
officer --
15 (a) is to ensure that those moneys are applied --
(i) in accordance with any conditions subject to
which; or
(ii) for the purpose of benefiting anything for the
benefit of which,
20 those moneys were received by the Foundation;
(b) is to give effect to any directions given by the
Foundation under paragraph (c) of section 48(1); and
(c) is to take into account any recommendations made by
the Foundation under that paragraph.
25 50. Application of Financial Administration and Audit Act 1985
The operation of the Fund is to be regarded as --
(a) a service under the control of the department for the
purposes of section 52 of the Financial Administration
and Audit Act 1985; and
page 28
Culture, Libraries and the Arts Bill 1998
His Majesty's Theatre Performing Arts Foundation Part 5
s. 51
(b) part of the operations of the department for the purposes
of Division 13 of Part II of that Act.
51. Rules
(1) The Minister may, on the recommendation of the chief
5 executive officer, make rules that are necessary or convenient
for giving effect to this Part.
(2) Without limiting subsection (1), the rules may --
(a) provide for the appointment, constitution, functions and
proceedings of the council, including power to employ
10 persons, appoint agents, obtain professional or other
services and do all things necessary or convenient to be
done for or in connection with the performance by the
Foundation of its functions;
(b) provide for membership of the Foundation, including
15 membership of different categories having different
privileges;
(c) provide for meetings and other proceedings of members
of the Foundation;
(d) provide for the appointment of one or more patrons of
20 the Foundation;
(e) provide for Friends of the Foundation and for the
establishment of a register of such persons;
(f) provide for the manner of execution of documents
authorized to be executed by resolution of the council;
25 and
(g) empower the council, with the approval of the Minister,
to make by-laws with respect to the operations and
proceedings of the Foundation, the council, committees
of the council and persons employed by the Foundation.
page 29
Culture, Libraries and the Arts Bill 1998
Part 6 Miscellaneous
s. 52
Part 6 -- Miscellaneous
52. Protection from liability for wrongdoing
(1) An action in tort does not lie against a person for anything that
the person has done, in good faith, in the performance or
5 purported performance of a function under the Arts Acts.
(2) The protection given by subsection (1) applies even though the
thing done as described in that subsection may have been
capable of being done whether or not the Arts Acts had been
enacted.
10 (3) Despite subsection (1), the Crown is not relieved of any liability
that it might have for another person having done anything as
described in that subsection.
(4) In this section, a reference to the doing of anything includes a
reference to the omission to do anything.
15 53. Regulations
(1) The Governor may make regulations prescribing all matters that
are required or permitted to be prescribed by this Act, or are
necessary or convenient to be prescribed for carrying out or
giving effect to the purposes of this Act.
20 (2) Without limiting subsection (1), the regulations may create
offences and provide for a penalty not exceeding $2 000.
54. Review of Arts Acts
(1) The Minister is to carry out a review of the operation and
effectiveness of the Arts Acts not later than 5 years after the
25 commencement of this Part.
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Culture, Libraries and the Arts Bill 1998
Miscellaneous Part 6
s. 55
(2) In the course of that review the Minister is to consider and have
regard to --
(a) the attainment of the objects of this Act;
(b) the effectiveness of the operations of the Art Gallery
5 Advisory Board, the Libraries Council, the Museum
Council and the Foundations; and
(c) any other matters that appear to the Minister to be
relevant to the operation and effectiveness of the Arts
Acts.
10 (3) The Minister is to prepare a report based on the review and, as
soon as practicable after the report is prepared, is to cause it to
be laid before each House of Parliament.
(4) In subsection (2) --
"the Foundations" means --
15 (a) His Majesty's Theatre Performing Arts Foundation
established by section 46;
(b) The Art Gallery of Western Australia Foundation
established by section 28A of the Art Gallery
Act 1959; and
20 (c) the Museum, Science and Humanities Foundation
established by section 45B of the Museum Act 1969.
55. Transitional provisions -- Schedule 2
Schedule 2 has effect.
page 31
Culture, Libraries and the Arts Bill 1998
Schedule 1 The Libraries Council of Western Australia
Schedule 1 -- The Libraries Council of Western Australia
[s. 30]
1. Definition
In this Schedule --
5 "member" means a member of the Libraries Council.
2. Term of office
(1) Subject to subclause (2) and clause 3, a member holds office for the
term, not exceeding 3 years, specified in the member's instrument of
appointment, and is eligible for reappointment for not more than 2
10 further terms of office.
(2) A member whose term of office expires by the passage of time
continues in office until that member is reappointed or the successor
of that member comes into office.
3. Vacation of office
15 (1) The office of a member becomes vacant if --
(a) the member resigns by written notice addressed to the
Minister;
(b) the member is an insolvent under administration, as that
expression is defined in the Corporations Law;
20 (c) the member is convicted of an indictable offence; or
(d) the appointment of the member is terminated under
subclause (2).
(2) The Minister may terminate the appointment of a member if the
Minister is satisfied that the member --
25 (a) has neglected his or her duty;
(b) has misbehaved;
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Culture, Libraries and the Arts Bill 1998
The Libraries Council of Western Australia Schedule 1
(c) is incompetent; or
(d) is suffering from mental or physical incapacity impairing the
performance of his or her functions under this Act.
4. Leave of absence
5 The Libraries Council may grant leave of absence to a member on any
terms and conditions that it thinks fit.
5. Chairman unable to act
If the chairman is unable to act by reason of illness, absence or other
cause, or during any vacancy in that office, the deputy chairman is to
10 perform the functions of the chairman.
6. Member unable to act
(1) If a member other than the chairman is unable to act by reason of
illness, absence or other cause, the Minister may appoint another
person to act temporarily in his or her place and, while so acting
15 according to the tenor of his or her appointment, that other person is
to be taken to be a member of the Libraries Council.
(2) If a member is performing the functions of the chairman under
clause 9(2), the Minister may appoint another person under
subclause (1) to act in his or her place as a member.
20 (3) The appointment of a person under subclause (1) may be terminated
at any time by the Minister.
7. Saving
No act or omission of a person acting in place of another under
clause 6 or 9(2) is to be questioned on the ground that the occasion for
25 his or her appointment or acting had not arisen or had ceased.
8. Calling of meetings
(1) Subject to this clause, meetings of the Libraries Council are to be held
at the times and places that the Libraries Council determines.
page 33
Culture, Libraries and the Arts Bill 1998
Schedule 1 The Libraries Council of Western Australia
(2) A special meeting of the Libraries Council may at any time be
convened by the chairman.
(3) The first meeting of the Libraries Council is to be convened by the
chairman.
5 9. Presiding officer
(1) The chairman is to preside at any meeting of the Libraries Council at
which he or she is present.
(2) If neither the chairman nor the deputy chairman is present at a
meeting, the members present are to elect one of those members to
10 preside at the meeting.
10. Quorum
A quorum for a meeting of the Libraries Council is 4 members.
11. Voting
(1) At any meeting of the Libraries Council each member present has a
15 deliberative vote.
(2) Subject to subclause (3), if the votes cast on a question are equally
divided, the question remains unresolved until a subsequent meeting
of the Libraries Council.
(3) If the votes cast on a question at a meeting of the Libraries Council
20 were equally divided and the votes cast on the question at a
subsequent meeting of the Libraries Council are again equally
divided, the question is to be taken to have been resolved in the
negative.
12. Minutes
25 (1) The Libraries Council is to cause accurate minutes to be kept of the
proceedings at its meetings and is to submit to the Minister as soon as
practicable a copy of the confirmed minutes of each meeting.
page 34
Culture, Libraries and the Arts Bill 1998
The Libraries Council of Western Australia Schedule 1
(2) The Libraries Council is to make available to the public in a manner
approved by the Minister the confirmed minutes of its meetings unless
the Libraries Council resolves not to do so in respect of a particular
meeting or a particular matter considered at a meeting.
5 (3) If the Libraries Council passes a resolution under subclause (2) in
respect of a particular matter considered at a meeting, the Libraries
Council is to comply with the requirement in that subclause to make
available to the public the confirmed minutes of the meeting, but any
references in those minutes to the particular matter may be deleted.
10 (4) In this clause --
"confirmed" means confirmed at a meeting of the Libraries Council.
13. Resolution without meeting
A resolution in writing signed or assented to by each member by letter
or facsimile is as effectual as if it had been passed at a meeting of the
15 Libraries Council.
14. Holding meetings remotely
The presence of a person at a meeting of the Libraries Council need
not be by attendance in person but may be by that person and each
other person at the meeting being simultaneously in contact by
20 telephone or other means of instantaneous communication.
15. Committees
(1) The Libraries Council may appoint committees to assist it in the
performance of its functions and may discharge or alter any
committee so appointed.
25 (2) A committee may include persons who are not members of the
Libraries Council but, unless the Minister approves otherwise in
respect of a particular committee, is to include at least one person who
is --
(a) a member of the Libraries Council; or
page 35
Culture, Libraries and the Arts Bill 1998
Schedule 1 The Libraries Council of Western Australia
(b) an officer or employee of the department who is nominated
by the State Librarian.
(3) Subject to the directions of the Libraries Council, a committee is to
determine its own procedures.
5 16. Disclosure of interests
(1) A member who has a material personal interest in a matter being
considered or about to be considered by the Libraries Council must, as
soon as possible after the relevant facts have come to the member's
knowledge, disclose the nature of the interest at a meeting of the
10 Libraries Council.
Penalty: $1 000.
(2) A disclosure under subclause (1) is to be recorded in the minutes of
the meeting.
17. Voting by interested members
15 A member of the Libraries Council who has a material personal
interest in a matter being considered by the Council --
(a) must not vote whether at a meeting or otherwise --
(i) on the matter; or
(ii) on a proposed resolution under clause 18 in respect of
20 the matter, whether relating to that member or a
different member; and
(b) must not be present while --
(i) the matter; or
(ii) a proposed resolution of the kind referred to in
25 paragraph (a)(ii),
is being considered at a meeting.
page 36
Culture, Libraries and the Arts Bill 1998
The Libraries Council of Western Australia Schedule 1
18. Clause 17 may be declared inapplicable
Clause 17 does not apply if the Libraries Council has at any time
passed a resolution that --
(a) specifies the member, the interest and the matter; and
5 (b) states that the members voting for the resolution are satisfied
that the interest should not disqualify the member from
considering or voting on the matter.
19. Quorum where clause 17 applies
(1) Despite clause 10, if a member of the Libraries Council is disqualified
10 under clause 17 in relation to a matter, a quorum is present during the
consideration of the matter if at least 3 members are present who are
entitled to vote on any motion that may be moved at the meeting in
relation to the matter.
(2) The Minister may deal with a matter to the extent that the Libraries
15 Council cannot deal with it because of subclause (1).
20. Minister may declare clauses 17 and 19 inapplicable
(1) The Minister may by writing declare that clause 17 or 19 does not, or
both of them do not, apply in relation to a specified matter either
generally or in voting on particular resolutions.
20 (2) The Minister is to cause a copy of a declaration made under
subclause (1) to be laid before each House of Parliament as soon as
practicable after the declaration is made.
page 37
Culture, Libraries and the Arts Bill 1998
Schedule 2 Transitional provisions
Schedule 2 -- Transitional provisions
[s. 55]
1. Definitions
In this Schedule --
5 "assets" means property of every kind whether tangible or intangible,
real or personal, corporeal or incorporeal and includes without
limiting this definition --
(a) choses in action;
(b) goodwill; and
10 (c) rights, interests and claims of every kind in or to property,
whether arising from, accruing under, created or evidenced by or
the subject of an instrument or otherwise and whether liquidated
or unliquidated, actual, contingent or prospective;
"commencement day" means the day on which Part 2 comes into
15 operation;
"former body corporate" means --
(a) The Board of the Art Gallery of Western Australia
preserved and continued under section 5 of the Art Gallery
Act 1959;
20 (b) The Library Board of Western Australia constituted under
section 5 of the Library Board of Western Australia
Act 1951;
(c) the Perth Theatre Trust established under section 4 of the
Perth Theatre Trust Act 1979; or
25 (d) The Western Australian Museum constituted under
section 7 of the Museum Act 1969,
as in force immediately before the commencement day;
page 38
Culture, Libraries and the Arts Bill 1998
Transitional provisions Schedule 2
"liability" means any liability, duty or obligation whether actual,
contingent or prospective, liquidated or unliquidated, or whether
owed alone or jointly or jointly and severally with any other
person;
5 "right" means any right, power, privilege or immunity whether
actual, contingent or prospective.
2. Interpretation Act to apply
This Schedule does not limit the operation of the Interpretation
Act 1984.
10 3. Former bodies corporate abolished
On the commencement day each former body corporate is dissolved
and its members go out of office.
4. Devolution of assets and liabilities, etc.
On the commencement day --
15 (a) the assets and rights of a former body corporate that were
immediately before that day vested in that body vest in the
Corporate Minister;
(b) the liabilities of a former body corporate immediately before
that day become the liabilities of the Corporate Minister;
20 (c) any proceedings or remedy that immediately before that day
might have been brought or continued by or available against
or to a former body corporate may be brought or continued by
and are or is available against or to the Corporate Minister;
and
25 (d) the Corporate Minister is to take delivery of all papers,
documents, minutes, books of account and other records
(however compiled, recorded or stored) relating to the
operations of a former body corporate.
page 39
Culture, Libraries and the Arts Bill 1998
Schedule 2 Transitional provisions
5. Completion of things begun
Anything begun before the commencement day by a former body
corporate may be continued after that day by the Corporate Minister
so far as the doing of that thing is within the functions of the
5 Corporate Minister.
6. Continuing effect of things done
Any act, matter or thing done or omitted to be done before the
commencement day by, to or in respect of a former body corporate, to
the extent that that act, matter or thing has any force or effect after
10 that day, is to be taken to have been done or omitted to be done by, to
or in respect of the Corporate Minister.
7. Agreements and instruments
Any agreement or instrument subsisting immediately before the
commencement day --
15 (a) to which a former body corporate was a party; or
(b) that contains a reference to a former body corporate,
has effect on and after that day as if --
(c) the Corporate Minister were substituted for the former body
corporate as a party to the agreement or instrument; or
20 (d) any reference in the agreement or instrument to the former
body corporate were (unless the context otherwise requires)
amended to be or include a reference to the Corporate
Minister.
8. Financial reporting of former bodies corporate
25 Despite section 54 of the Financial Administration and Audit
Act 1985, the accountable officer of the department is to be the
accountable authority of a former body corporate for the purposes of
the report required by section 66 of that Act with respect to the period
from 1 July in a financial year to a day that --
30 (a) occurs in the same financial year; and
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Culture, Libraries and the Arts Bill 1998
Transitional provisions Schedule 2
(b) immediately precedes the commencement day,
and Division 14 of Part II of that Act applies to that person as the
accountable authority of a former body corporate as if that period
were a full financial year.
5 9. Further transitional provisions may be made
(1) If there is no sufficient provision in this Schedule for any matter or
thing necessary or convenient to give effect to the transition from a
former body corporate to the Corporate Minister, that provision may
be made by regulations under section 53.
10 (2) Any such regulation may be made so as to have effect from the
commencement day.
(3) To the extent that any such regulation has effect on a day that is
earlier than the day of its publication in the Gazette, the regulation
does not operate so as --
15 (a) to affect, in a manner prejudicial to any person (other than the
State or the Corporate Minister), the rights of that person
existing before the day of its publication; or
(b) to impose liabilities on any person (other than the State or the
Corporate Minister), in respect of anything done or omitted to
20 be done before the day of its publication.
10. Exemption from State tax
(1) In this clause --
"State tax" includes stamp duty chargeable under the Stamp Act 1921
and any other tax, duty, fee, levy or charge under a law of the
25 State.
(2) State tax is not payable in relation to --
(a) anything that occurs by the operation of this Schedule; or
page 41
Culture, Libraries and the Arts Bill 1998
Schedule 2 Transitional provisions
(b) anything done (including a transaction entered into or an
instrument or document of any kind made, executed, lodged
or given) under this Schedule, or to give effect to this
Schedule, or for a purpose connected with or arising out of
5 giving effect to this Schedule.
11. Registration of documents
The Registrar of Titles is to take notice of the provisions of this
Schedule and is empowered to record and register in the appropriate
manner the necessary documents and otherwise to give effect to this
10 Schedule.
12. Saving
The operation of any provision of this Schedule is not to be
regarded --
(a) as a breach of contract or confidence or otherwise as a civil
15 wrong;
(b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of assets,
rights or liabilities or the disclosure of information;
(c) as giving rise to any remedy by a party to an instrument or as
20 causing or permitting the termination of any instrument,
because of a change in the beneficial or legal ownership of
any asset, right or liability;
(d) as causing any contract or instrument to be void or otherwise
unenforceable; or
25 (e) as releasing or allowing the release of any surety.
page 42
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