National Library Act 1960

Act No. 69 of 1960 as amended

This compilation was prepared on 19 April 2011
taking into account amendments up to Act No. 5 of 2011

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

Part I—Preliminary 

1 Short title [see Note 1]...........................

2 Commencement [see Note 1].......................

4 Interpretation.................................

Part II—Establishment of the National Library of Australia

5 Establishment of National Library....................

6 Functions of Library.............................

7 Powers of the Library............................

7A Power to purchase and dispose of assets.................

8 Transfer of library material etc. to Library................

9 Land and buildings.............................

Part III—Management of the Library

10 Constitution of Council...........................

11 Acting members...............................

12 Chair and Deputy Chair...........................

13 Remuneration and allowances.......................

14 Termination of office............................

15 Vacation of office..............................

15A Resignation..................................

16 Meetings of Council.............................

17 Director‑General.........................

17A Terms and conditions of appointment...................

17B Leave of absence...............................

17C Dismissal...................................

17D Resignation..................................

17E Vacation of office..............................

17H Application of Superannuation Act....................

17J Acting Director‑General.....................

18 Officers....................................

Part IV—Finance

20 Moneys payable to Library.........................

22 Application of moneys of Library.....................

26 Exemption from taxation..........................

Part V—Miscellaneous

27A Supply of liquor on premises of Library.................

27B Control of Library land and buildings..................

28 Regulations..................................

Notes 

An Act relating to the National Library of Australia

Part I—Preliminary

1  Short title [see Note 1]

  This Act may be cited as the National Library Act 1960.

2  Commencement [see Note 1]

  This Act shall come into operation on a date to be fixed by Proclamation.

4  Interpretation

  In this Act, unless the contrary intention appears:

Finance Minister means the Minister administering the Financial Management and Accountability Act 1997.

library material includes books, periodicals, newspapers, manuscripts, films, sound recordings, musical scores, maps, plans, pictures, photographs, prints and other recorded material, whether in writing or in some other form.

member means a member of the Council.

the Council means the Council of the National Library of Australia established by this Act.

the Director‑General means the Director‑General of the Library.

the Library means the National Library of Australia established by this Act.

Part II—Establishment of the National Library of Australia

5  Establishment of National Library

 (1) A body corporate is hereby established under the name “National Library of Australia”.

Note: The Commonwealth Authorities and Companies Act 1997 applies to the Library. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

 (2)  The Library:

 (a) shall have a seal;

 (b) has power to acquire, hold and dispose of real and personal property; and

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

 (3) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Library affixed to a document and shall presume that it was duly affixed.

6  Functions of Library

  The functions of the Library are, on behalf of the Commonwealth:

 (a) to maintain and develop a national collection of library material, including a comprehensive collection of library material relating to Australia and the Australian people;

 (b) to make library material in the national collection available to such persons and institutions, and in such manner and subject to such conditions, as the Council determines with a view to the most advantageous use of that collection in the national interest;

 (c) to make available such other services in relation to library matters and library material (including bibliographical services) as the Council thinks fit, and, in particular, services for the purposes of:

 (i) the library of the Parliament;

 (ii) the authorities of the Commonwealth; and

 (iii) the Territories; and

 (iv) the Agencies (within the meaning of the Public Service Act 1999); and

 (d) to co‑operate in library matters (including the advancement of library science) with authorities or persons, whether in Australia or elsewhere, concerned with library matters.

7  Powers of the Library

 (1) The Library has power to do all things necessary or convenient to be done for or in connexion with the performance of its functions.

 (2) Without limiting the generality of subsection (1), the powers of the Library referred to in that subsection include power:

 (a) to purchase or take on hire, or to accept on deposit or loan, library material, and also furnishings, equipment and goods needed for the purposes of the Library;

 (b) to dispose of, lend or hire out library material or other goods the property of the Library;

 (c) to purchase or take on lease land or buildings, and to erect buildings, necessary for the purposes of the Library;

 (d) to dispose of, or grant leases of, land or buildings vested in the Library;

 (e) to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Library;

 (f) to accept gifts, devises, bequests and assignments made to the Library (whether on trust or otherwise); and

 (g) to act as trustee of moneys, library material or other property vested in the Library upon trust, or to act on behalf of the Commonwealth or an authority of the Commonwealth in the administration of a trust relating to library material or library matters.

 (3) Notwithstanding anything contained in this Act, any money or property held by the Library upon trust shall be dealt with in accordance with the powers and duties of the Library as trustee.

7A  Power to purchase and dispose of assets

 (1) The Library shall not, without the approval of the Minister:

 (a) acquire any property, right or privilege for a consideration exceeding in amount or value $250,000 or, if a higher amount is prescribed, that higher amount;

 (b) dispose of any property, right or privilege where the amount or value of the consideration for the disposal, or the value of the property, right or privilege, exceeds $250,000 or, if a higher amount is prescribed, that higher amount;

 (c) enter into a contract for the construction of a building for the Library, being a contract under which the Library is to pay an amount exceeding $250,000 or, if a higher amount is prescribed, that higher amount; or

 (d) enter into a lease of land for a period exceeding 10 years.

8  Transfer of library material etc. to Library

  The Minister may, at the request of the Council, make arrangements with the appropriate authority for the transfer to the Library of the ownership, use or custody of any library material, or of any equipment or goods, belonging to the Commonwealth.

9  Land and buildings

  The Governor‑General may make available, for the purposes of the Library, any land or buildings owned or held under lease by the Commonwealth.

Part III—Management of the Library

10  Constitution of Council

 (1) The affairs of the Library shall be conducted by a Council to be known as the Council of the National Library of Australia.

 (2) The Council shall consist of:

 (aa) the Director‑General;

 (a) one Senator elected by the Senate;

 (b) one member of the House of Representatives elected by that House; and

 (c) 9 members appointed by the Governor‑General, being persons who, in the opinion of the Governor‑General, by their knowledge and experience can advance the full development of the Library.

 (3) A member of the Council elected by either House of the Parliament holds office, subject to this Act, for such period, not exceeding 3 years, as is fixed by that House at the time of his or her election.

 (4) A member of the Council appointed by the Governor‑General holds office, subject to this Act, for such period, not exceeding 3 years, as is fixed by the Governor‑General at the time of his or her appointment.

 (5) A member of the Council elected by either House of the Parliament or appointed by the Governor‑General is eligible for re‑election or re‑appointment.

 (6) The exercise or performance of the powers or functions of the Council is not affected by reason only of there being a vacancy or vacancies in the membership of the Council.

11  Acting members

 (1) The Minister may appoint a person to act as a member appointed by the Governor‑General:

 (a) during a vacancy in the office of such a member; or

 (b) during any period, or during all periods, when such a member is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his or her office;

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

 (2) An appointment under this section may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.

 (3) The Minister may:

 (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed under this section; and

 (b) terminate such an appointment at any time.

 (4) Where a person is acting as a member appointed by the Governor‑General in accordance with paragraph (1)(b) and the office of that member becomes vacant while that person is so acting, then, subject to subsection (2), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the day on which the vacancy occurred expires, whichever first happens.

 (5) A person appointed to act under this section may resign his or her appointment by writing signed by the person and delivered to the Minister.

 (6) Where a person is acting as a member appointed by the Governor‑General, that person has and may exercise all the powers, and shall perform all the functions, of that member.

 (7) The validity of anything done by a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for his or her appointment had not arisen, or that there is a defect or irregularity in, or in connection with, the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had ceased.

12  Chair and Deputy Chair

 (1) The Governor‑General shall appoint one of the members appointed by the Governor‑General to be the Chair of the Council during the pleasure of the Governor‑General.

 (2) There shall be a Deputy Chair of the Council, who shall be a member elected by the members from time to time.

13  Remuneration and allowances

 (1) The members of the Council shall be paid such remuneration as is determined by the Remuneration Tribunal.

 (2) The members of the Council shall be paid such allowances as are prescribed.

 (3) This section has effect subject to the Remuneration Tribunal Act 1973.

14  Termination of office

 (1) The Governor‑General may terminate the appointment of a member, being a member appointed by the Governor‑General, for inability, inefficiency or misbehaviour.

 (2) A member elected by either House of the Parliament may be removed from office by that House.

15  Vacation of office

 (1) If a member other than the Director‑General:

 (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;

 (c) in the case of a member elected by either House of the Parliament—ceases to be a member of that House;

 (d) is absent, except on leave granted by the Council, from 3 consecutive meetings of the Council; or

 (e) fails, without reasonable excuse, to comply with his or her obligations under section 27F or 27J of the Commonwealth Authorities and Companies Act 1997;

the Governor‑General shall terminate the appointment of the member.

 (2) For the purposes of paragraph (1)(c), a member of either House of the Parliament shall be deemed not to have ceased to be a member of that House while he or she continues to be entitled to the Parliamentary allowance that became payable to him or her as such a member.

15A  Resignation

  A member other than the Director‑General may resign his or her office by signed notice delivered to:

 (a) in the case of a member appointed by the Governor‑General—the Governor‑General; or

 (b) in the case of a member elected by the Senate or the House of Representatives—the President of the Senate or the Speaker of the House of Representatives, as the case may be.

16  Meetings of Council

 (1) The Chair, or if, for any reason, the Chair is unable to act, the Deputy Chair:

 (a) shall convene such meetings of the Council as he or she considers necessary for the efficient conduct of its business; and

 (b) shall, on receipt of a written request signed by not less than 4 members, convene a meeting of the Council.

 (2) The Minister may at any time convene a meeting of the Council.

 (3) The Chair shall preside at all meetings of the Council at which he or she is present.

 (4) In the event of the absence of the Chair from a meeting of the Council, the Deputy Chair shall preside at that meeting.

 (5) In the event of the absence of both the Chair and the Deputy Chair from a meeting of the Council, the members present shall appoint one of their number to preside at that meeting.

 (6) At a meeting of the Council, 5 members constitute a quorum.

 (7) Subject to subsection (8), all questions arising at a meeting of the Council shall be decided by a majority of the votes of the members present and voting, and for this purpose the member presiding at the meeting has a deliberative vote.

 (8) In the event of an equality of votes on a resolution proposed at a meeting of the Council, the resolution shall be taken not to be passed, but if the same resolution is proposed at the next meeting of the Council held at a later date and there is again an equality of votes, the member presiding at that meeting has a casting vote on the proposed resolution.

17  Director‑General

 (1) For the purposes of this Act, there shall be a Director‑General of the National Library.

 (2) The Director‑General shall be appointed by the Governor‑General.

 (3) The Director‑General is the executive officer of the Council and has, under the Council, the conduct of the affairs of the Library.

 (4) For the purposes of the Public Service Act 1999:

 (a) the Director‑General and the APS employees assisting the Director‑General together constitute a Statutory Agency; and

 (b) the Director‑General is the Head of that Statutory Agency.

 (5) The Director‑General may, by instrument in writing, and either generally or to the extent provided in the instrument, delegate to a person engaged under the Public Service Act 1999 all or any of his or her powers and functions under this Act (not including this power of delegation).

 (6) The power of the Director‑General to delegate all or any of his or her powers and functions is subject to any directions of the Council.

 (7) A power or function delegated under this section may be exercised or performed by the delegate as fully and effectually as by the Director‑General.

 (8) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Director‑General.

17A  Terms and conditions of appointment

 (1) The Director‑General holds office for such period, not exceeding 7 years, as is specified in the instrument of his or her appointment, but is eligible for re‑appointment.

17B  Leave of absence

 (1) A full‑time member has such recreation leave entitlements as are determined by the Remuneration Tribunal.

 (2) The Minister, or the Council acting with the Minister’s authority, may grant a full‑time member leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister or the Council, acting with the Minister’s authority, determines.

17C  Dismissal

  The Governor‑General may terminate the appointment of the Director‑General for misbehaviour or physical or mental incapacity.

17D  Resignation

  The Director‑General may resign his or her office by writing under his or her hand addressed to the Governor‑General.

17E  Vacation of office

 (1) If the Director‑General:

 (a) engages in paid employment outside the duties of his or her office without the approval of the Minister; or

 (aa) fails, without reasonable excuse, to comply with section 27F or 27J of the Commonwealth Authorities and Companies Act 1997 or subsection (3) of this section; or

 (b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;

the Governor‑General shall terminate the appointment of the Director‑General.

 (2) The Minister shall not give an approval for the purposes of paragraph (1)(a) unless he or she is satisfied that the paid employment is of a minor nature and will not interfere with the performance of the duties of the Director‑General under this Act.

 (3) The Director‑General must give written notice to the Minister of all direct or indirect pecuniary interests that the Director‑General has or acquires in any business or in any body corporate carrying on any business.

17H  Application of Superannuation Act

  For the purposes of subsections 4(3A) and (4) of the Superannuation Act 1922, the Director‑General shall be deemed to be required, by the terms of his or her appointment, to give the whole of his or her time to the duties of his or her office.

17J  Acting Director‑General

 (1) The Minister may appoint a person to act as Director‑General:

 (a) during a vacancy in the office;

 (b) during any period, or during all periods, when the Director‑General is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office of Director‑General;

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

 (2) An appointment under this section may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.

 (3) The Minister may:

 (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed under this section; and

 (b) terminate such an appointment at any time.

 (4) Where a person is acting as Director‑General in accordance with paragraph (1)(b) and the office of Director‑General becomes vacant while that person is so acting, then, subject to subsection (2), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the day on which the vacancy occurred expires, whichever first happens.

 (5) A person appointed to act under this section may resign his or her appointment by writing signed by the person and delivered to the Minister.

 (6) While a person is acting as Director‑General, that person has and may exercise all the powers, and shall perform all the functions, of the Director‑General.

 (7) The validity of anything done by a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for his or her appointment had not arisen, that there is a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had ceased.

 (8) Section 17B applies in relation to a person appointed under this section in like manner as it applies in relation to the Director‑General.

18  Officers

  The staff of the Library shall be engaged under the Public Service Act 1999.

Part IV—Finance

20  Moneys payable to Library

 (1) There are payable to the Library such moneys as are appropriated by the Parliament for the purposes of the Library.

 (2) The Finance Minister may give directions as to the amounts in which, and the times at which, moneys referred to in subsection (1) are to be paid to the Library.

22  Application of moneys of Library

 (1) The moneys of the Library shall be applied only:

 (a) in payment or discharge of the costs and expenses of the Library under this Act; and

 (b) in payment of the remuneration, allowances and expenses of the members of the Council.

 (2) Subsection (1) does not prevent investment of surplus money of the Library under section 18 of the Commonwealth Authorities and Companies Act 1997.

26  Exemption from taxation

  The Library is not subject to taxation under any law of the Commonwealth or of a State or Territory.

Part V—Miscellaneous

27A  Supply of liquor on premises of Library

 (1) The regulations may make provision for and in relation to the sale, supply, disposal, possession or control of liquor on premises in the Australian Capital Territory owned by or under the control of the Library.

 (2) The law of the Australian Capital Territory relating to the sale, supply and disposal of liquor does not apply with respect to premises in respect of which regulations are in force under subsection (1).

 (3) In this section:

liquor means wine, spirits, ale, beer, porter, cider, perry or any liquid containing alcohol ordinarily used or fit for use as a beverage.

27B  Control of Library land and buildings

 (1) The regulations may make provision for and in relation to:

 (a) regulating, restricting or prohibiting the entry of persons on to any land or building owned by or under the control of the Library; or

 (b) regulating the conduct of persons on any such land or building; or

 (c) the removal of persons from any such land or building.

 (2) A reference in this section to any land or building owned by or under the control of the Library includes a reference to a part of any such land or any such building, as the case may be.

28  Regulations

  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, for prescribing penalties not exceeding a fine of $500 for offences against the regulations.

Notes to the National Library Act 1960

Note 1

The National Library Act 1960 as shown in this compilation comprises Act No. 69, 1960 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 1 October 2001 is not included in this compilation. For subsequent information see Table A.

Table of Acts

(a) The National Library Act 1960 was amended by subsection 151(1) only of the Public Service Reform Act 1984, subsection 2(4) of which provides as follows:

 (4) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation.

(b) The National Library Act 1960 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2(1) of which provides as follows:

 (1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(c) The National Library Act 1960 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1) of which provides as follows:

 (1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(d) The National Library Act 1960 was amended by Schedule 4 (item 103) and Schedule 5 (items 93–95) only of the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows:

 (1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.

(e) The National Library Act 1960 was amended by Schedule 2 (items 985–994) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:

 (2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.

(f) The National Library Act 1960 was amended by Schedule 1 (items 647–654) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

 (1) In this Act, commencing time means the time when the Public Service Act 1999 commences.

 (2) Subject to this section, this Act commences at the commencing time.

(g) The National Library Act 1960 was amended by Schedule 10 (items 99 and 100) only of the Corporate Law Economic Reform Program Act 1999, subsection 2(2)(c) of which provides as follows:

 (2) The following provisions commence on a day or days to be fixed by Proclamation:

 (c) the items in Schedules 10, 11 and 12.

Table of Amendments

Table A

Application, saving or transitional provisions

Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001
(No. 159, 2001)

Schedule 1

97  Application of amendments

The amendments made by this Schedule do not apply to an appointment if the term of the appointment began before the commencement of this item.