Western Australian Consolidated Acts

LIBRARY BOARD OF WESTERN AUSTRALIA ACT 1951 - NOTES

Notes

¹ This is a compilation of the Library Board of Western Australia Act 1951 and includes the amendments made by the other written laws referred to in the following table ^1a. The table also contains information about any reprint.

Compilation table

Short title	Number and year		Assent		Commencement
Library Board of Western Australia Act 1951	42 of 1951		20 Dec 1951		30 Sep 1952 (see s. 2 and Gazette 26 Sep 1952 p. 2358)
Acts Amendment (Libraries) Act 1955 Pt. I	20 of 1955		3 Nov 1955		1 Dec 1955 (see s. 2)
Reprint of the Library Board of Western Australia Act 1951 approved 6 Aug 1963 in Vol. 17 of Reprinted Acts (includes amendments listed above)
Decimal Currency Act 1965	113 of 1965		21 Dec 1965		Act other than s. 4-9: 21 Dec 1965 (see s. 2(1)); s. 4-9: 14 Feb 1966 (see s. 2(2))
Library Board of Western Australia Act Amendment Act 1974	29 of 1974		29 Oct 1974		29 Oct 1974
Library Board of Western Australia Amendment Act 1983		44 of 1983		5 Dec 1983	5 Dec 1983
Reprint of the Library Board of Western Australia Act 1951 approved 17 May 1984 (includes amendments listed above)
Acts Amendment (Financial Administration and Audit) Act 1985 s. 3		98 of 1985		4 Dec 1985	1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255)
Acts Amendment (Arts Representation) Act 1987 Pt. III		75 of 1987		26 Nov 1987	12 Feb 1988 (see s. 2 and Gazette 12 Feb 1988 p. 399)

Acts Amendment (Public Service) Act 1987 s. 32	113 of 1987	31 Dec 1987	16 Mar 1988 (see s. 2 and Gazette 16 Mar 1988 p. 813)
Acts Amendment (Education) Act 1988 Pt. 7	7 of 1988	30 Jun 1988	8 Jul 1988 (see s. 2 and Gazette 8 Jul 1988 p. 2371)
Financial Administration Legislation Amendment Act 1993 s. 11	6 of 1993	27 Aug 1993	1 Jul 1993 (see s. 2(1))
Acts Amendment (Public Sector Management) Act 1994 s. 19	32 of 1994	29 Jun 1994	1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)
Local Government (Consequential Amendments) Act 1996 s. 4	14 of 1996	28 Jun 1996	1 Jul 1996 (see s. 2)
Education Amendment Act 1996 s. 16(6)	22 of 1996	11 Jul 1996	11 Jul 1996 (see s. 2(1))
Financial Legislation Amendment Act 1996 s. 64	49 of 1996	25 Oct 1996	25 Oct 1996 (see s. 2(1))
Statutes (Repeals and Minor Amendments) Act 1997 s. 80	57 of 1997	15 Dec 1997	15 Dec 1997 (see s. 2(1))
School Education Act 1999 s. 247	36 of 1999	2 Nov 1999	1 Jan 2001 (see s. 2 and Gazette 29 Dec 2000 p. 7904)

Reprint of the Library Board of Western Australia Act 1951 as at 2 Nov 1999 (includes amendments listed above except those in the School Education Act 1999)

State Records (Consequential Provisions) Act 2000 Pt. 6 7	53 of 2000	28 Nov 2000	1 Dec 2001 (see s. 2 and Gazette 30 Nov 2001 p. 6067)
Local Government Amendment Act 2004 s. 13	49 of 2004	12 Nov 2004	1 Apr 2005 (see s. 2 and Gazette 31 Mar 2005 p. 1029)
Courts Legislation Amendment and Repeal Act 2004 s. 141	59 of 2004	23 Nov 2004	1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)
Reprint 4: The Library Board of Western Australia Act 1951 as at 10 Feb 2006 (includes amendments listed above)
Financial Legislation Amendment and Repeal Act 2006 s. 4 and 17	77 of 2006	21 Dec 2006	1 Feb 2007 (see s. 2 and Gazette 19 Jan 2007 p. 137)

^1a On the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Short title	Number and year	Assent	Commencement
State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 54 8	43 of 2000	2 Nov 2000	To be proclaimed (see s. 2(2))

² Under the Acts Amendment (Public Service) Act 1987 s. 31(1)(f) a reference in a written law to the Permanent Head is, unless the contrary intention appears, to be construed as if it had been amended to be a reference to the chief executive officer. This reference was amended under the Reprints Act 1984 s. 7(5)(a).

³ Under the Alteration of Statutory Designations Order (No. 3) 2001 a reference in any law to the Department of the Arts is read and construed as a reference to the Department of Culture and the Arts.

⁴ The Superannuation and Family Benefits Act 1938 was repealed by the State Superannuation Act 2000 s. 39, but its provisions continue to apply to and in relation to certain schemes because of the State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 26.

⁵ Under the Public Sector Management Act 1994 s. 112(1), a reference in a written law to the Public Service Act 1978 is, unless the contrary intention appears or it is otherwise provided under the Acts Amendment (Public Sector Management) Act 1994, to be construed as if it had been amended to be a reference to the Public Sector Management Act 1994.

⁶ Repealed by the Art Gallery Act 1959.

⁷ The State Records (Consequential Provisions) Act 2000 Pt. 6 Div. 2 reads as follows:

“

Division 2 — Transitional provisions

13. Interpretation

(1) In this Division —

commencement means the commencement of the State Records Act 2000.

(2) In this Division, unless the contrary intention appears, words and expressions have the same definitions as in the State Records Act 2000.

14. State archives to continue as such

(1) If immediately before commencement a record was a State archive under the Library Board of Western Australia Act 1951, then on commencement the record is to be taken to be a State archive for the purposes of the State Records Act 2000.

(2) On commencement any record —

(a) that under subsection (1) is to be taken to be a State archive for the purposes of the State Records Act 2000; and

(b) that is in the custody of the Library Board of Western Australia,

is to be taken to be in the State archive collection and the Board is to transfer the record to the collection.

(3) Subsection (2) does not affect section 18.

15. Certain State archives to be restricted access archives

(1) If immediately before commencement a record was a State archive under the Library Board of Western Australia Act 1951 and subject to —

(a) restrictions on public access imposed under section 32(3) of that Act; or

(b) restrictions on access imposed under section 32(5) of that Act,

then on commencement the record is to be taken to be a restricted access archive for 5 years after commencement.

(2) Subsection (1) does not prevent an application being made under section 38(3) of the State Records Act 2000 in respect of the restricted access archive.

16. State archives with unrestricted access not to be restricted

If immediately before commencement a record —

(a) was a State archive under the Library Board of Western Australia Act 1951;

(b) was not under that Act subject to any restrictions as to public access to it; and

(c) contains information about a person’s medical condition or about a person’s disability (as defined in the Disability Services Act 1993),

then on and after commencement the record is not subject to section 49 of the State Records Act 2000.

17. Provisions that apply until record keeping plan approved

Until a record keeping plan is approved by the Commission in respect of a government organization that is in existence on commencement, sections 30, 31 and 32 (except section 32(1)) of the Library Board of Western Australia Act 1951 have effect, despite the repeal of those sections by this Act.

18. Agreements as to State archives

If immediately before commencement an agreement is in force under section 26 of the Library Board of Western Australia Act 1951 then on and after commencement —

(a) the agreement has effect as if the Director were substituted for the Library Board of Western Australia as a party to the agreement;

(b) if the other party to the agreement is a State organization, the agreement has effect until the Commission approves the record keeping plan of that organization; and

(c) if the other party to the agreement is not a State organization, the agreement has effect according to its terms.

19. Applications to restrict access to archives not limited

This Division does not limit any right to apply under section 37(2)(b) of the State Records Act 2000 in respect of a State archive that immediately before commencement was a State archive under the Library Board of Western Australia Act 1951.

”.

⁸ On the date as at which this compilation was prepared, the State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 54 had not come into operation. It reads as follows:

“

54. Library Board of Western Australia Act 1951 amended

The Library Board of Western Australia Act 1951 is amended as follows:

(a) in section 5(14) by deleting “or the Superannuation and Family Benefits Act 1938-1950,”;

(b) in section 6(2) by deleting “and to such rights prescribed by or pursuant to the provisions of the Superannuation and Family Benefits Act 1938-1950,”.

”.