Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this section
unless the context requires otherwise —
appointed day means the day of the coming into
operation of the Acts Amendment (Libraries) Act 1955 1 ;
Public Library means the Public Library of Western
Australia mentioned in the Public Library Act;
Public Library Act means the Public Library,
Museum, and Art Gallery of Western Australia Act 1911 6 ;
Trustees means the trustees in office under the
Public Library Act.
(3)(a) So much of the
land described in the Schedule to the Public Library Act, and so much of the
buildings on that land, as the Governor by proclamation declares to be vested
in the Board, shall, by operation of this Act and the proclamation, cease to
be vested in the Trustees, and shall become and be vested in the Board for
such estate or interest as is mentioned in the proclamation, without the
necessity of any transfer or conveyance.
(b) The
Board shall not, without the consent of the Governor sell, exchange, lease,
mortgage or otherwise dispose of or encumber the land so vested, or any part
of, or estate or interest in, the land.
(4)(a) On the
appointed day all books, periodicals, newspapers or other printed matter and
all maps, plans, music, manuscripts, pictures, prints, motion pictures, sound
recordings, photographic plates or photographic films or any other matters or
things whereby words or sounds are recorded or reproduced, together with all
library fittings, furniture and equipment in the possession or control of or
held in trust by the Trustees for the purpose of being used for the provision
of a library service shall be transferred to and vested in the Board.
(b)
Where any doubt or difficulty arises as to whether paragraph (a) applies
to any property, the Minister may by notice in writing give directions as to
that property and a direction so given shall be binding upon all persons,
courts and tribunals.
(c) All
contracts entered into or rights enjoyed prior to the commencement of the Acts
Amendment (Libraries) Act 1955 1 by the Trustees which relate to the
Public Library or library services shall be deemed to have been entered into
or enjoyed by the Board and the Board shall take and exercise in respect
thereof all the powers, duties, rights, liabilities and immunities of the
Trustees.
(5)(a) All gifts and
bequests made to or on behalf of or for the benefit or purposes of the Public
Library shall, whether made before or after the coming into operation of the
Acts Amendment (Libraries) Act 1955 1 , be deemed gifts and bequests to
or on behalf of or for the benefit of the Board.
(b) All
gifts and bequests made to or on behalf of or for the benefit or purposes of
the Public Library, Museum and Art Gallery of Western Australia shall, whether
made before or after the coming into operation of the Acts Amendment
(Libraries) Act 1955 1 , be allocated to or divided between the Board and
the Trustees as the Governor thinks fit.
(6) Any references in
any other Act to the Trustees of the Public Library, Museum and Art Gallery of
Western Australia shall insofar as they refer to the Public Library or to the
library service be construed as a reference to the Board.
(7)(a) All officers
and employees holding office or being employed at the appointed day in the
Public Library of Western Australia shall be deemed to have been appointed and
engaged by the Board under the provisions of the Library
Board of Western Australia Act 1951 .
(b) All
rights and accruing rights of such officers and employees of the Trustees and
of the officers and employees of the Board at the appointed day shall remain
unimpaired and shall continue for the purposes of those persons’
employment with the Board and the Board shall undertake all matters incidental
to the fulfilment of any obligations in connection therewith and the Trustees
shall at the appointed day be freed and discharged from any such obligations.
(8) Where doubt or
difficulty arises as a result of the operation of the Acts Amendment
(Libraries) Act 1955 1 , or if in the opinion of the Governor that Act
omits to make adequate provision for any matters necessary to be provided for
the transfer of the Public Library to the control and management of the Board,
the Governor may by Order in Council make such provision as he thinks just and
reasonable in the circumstances for the purpose of removing any such doubt or
difficulty or determining what is to be done and upon being published in the
Gazette such Order in Council shall have effect as if it had been enacted in
that Act.
(9) Where by this
section power conferred upon the Governor is exercisable by the making of a
proclamation or an Order in Council, the Governor may, from time to time, by
subsequent proclamation or Order in Council, as the case requires, amend or
alter any previous proclamation or order so made.
[Section 20A inserted by No. 20 of 1955
s. 13; amended by No. 29 of 1974 s. 7.]