Division 2Division 2 Provisions applicable where Act adopted
This Division shall apply to and in respect of local authorities which have adopted this Act.
10 Requirements as to services to be provided by local libraries
(1) A local authority must comply with and observe the following requirements in relation to any local library that is provided, controlled or managed by the local authority (either directly or under an agreement or other arrangement to which it is a party):(a) Residents and ratepayers entitled to free membership
Any person who is a resident of the area of the local authority or a ratepayer of the local authority is entitled to membership of the library free of charge.(b) Free access to certain materials on library premises
Any person (whether or not a member of the library) is entitled free of charge to access any library material of the library and any information forming part of the information service of the library (other than information excepted from free access by guidelines issued by the Council) for use on the library premises.(c) Free loans of certain library material to members
Any person who is a member of the library is entitled to borrow free of charge from the library for use away from the library premises any library material of the library which has been classified by the librarian of the library as being of literary, informative or educational value or as being fiction.(d) Free delivery to sick or disabled members
No charge is to be made for the delivery to a member of the library of any library material or information that the member is entitled to borrow free of charge if the member for reasons of ill health or disability cannot reasonably be expected to attend the library in person.(e) Free basic reference services to members
Any person who is a member of the library is entitled to be provided free of charge with basic reference services (being any service classified by guidelines issued by the Council as a basic reference service), including assistance in locating information and sources of information.(f) Restriction on use of State subsidy
Any subsidy paid to the local authority under this Act must be expended in providing the services that are required by this section to be provided free of charge.(2) An entitlement under this section to borrow library material from a library for use away from the library premises does not apply to any library material that is classified by the librarian of the library as reference material.(3) If two or more local authorities have entered into arrangements for conferring reciprocal library entitlements on the residents and ratepayers of their areas, a resident or ratepayer of any of the areas concerned is for the purposes of this section to be considered to be a resident or ratepayer of each of the other areas concerned also.(4) In this section:charge means any charge made directly or indirectly on a person but does not include a prescribed fee for the late return of library material or a charge made for the loss of or damage to library material.
(5) The Council may issue guidelines to local authorities for the purposes of this section.
10A Restrictions on borrowing entitlements and other matters
(1) Section 10 does not affect the operation of any regulation or by-law relating to the library to the extent that it is not inconsistent with a requirement of section 10 that an entitlement be provided free of charge.(2) Section 10 does not prevent a local authority from determining:(a) the maximum number of items of library material or the maximum number of items of library material of a particular class of library material that a person may borrow at any one time from the library for use on or away from the library premises, or(b) the limitations, restrictions and conditions which may apply to the availability of any particular item of library material or class of library material for use on or away from the library premises.(3) A determination under subsection (2):(a) must be consistent with the requirements of section 10 that an entitlement be provided free of charge, and(b) must not differ, or have effect so as to differ, in its operation between members and non-members of the library (except as regards the payment of a charge by non-members).
(1) A local authority may from time to time constitute a library committee and may delegate to the library committee all or any of the powers and duties of the local authority in relation to the provision, control and management of libraries, library services and information services, except a power to borrow money, to make or levy a rate, to execute a deed or contract or an agreement under this Act, or to institute proceedings at law or in equity on behalf of the local authority.(2) The members of the library committee shall be appointed by the local authority but need not be members of the local authority.(3) A library committee shall exercise and perform its powers and duties subject to the control and direction of the local authority.(4) The local authority may appoint any member of the committee to be the chairperson thereof and may from time to time remove such member from the member’s office as chairperson and appoint another member in the member’s place.(5) The local authority may at any time dissolve a library committee or may, from time to time, reconstitute the library committee or revoke, amend or vary any delegation to a library committee.(6) The local authority shall from time to time determine the number of members of the library committee which shall constitute a quorum at meetings of the library committee.(7) The procedure for the calling of meetings of a library committee and for the conduct of business at such meetings shall, subject to any regulation made in relation thereto, be as determined by the library committee.
12 Agreements relating to local libraries
(1)(a) Two or more local authorities may enter into an agreement whereby the local authority of one area undertakes the function of providing, controlling and managing libraries, library services or information services within the area or areas of the other local authority or local authorities.(b) Any such agreement shall specify the terms and conditions upon which the libraries, library services or information services shall be so provided, controlled and managed.(c) The local authority undertaking the function of providing, controlling and managing libraries, library services or information services pursuant to an agreement under this subsection shall have, in relation to the area or areas of the other contracting local authority or contracting local authorities, such of the powers and duties of a local authority relating to the provision, control and management of libraries, library services and information services as may be delegated to it by the agreement.(2)(a) Two or more local authorities may enter into an agreement whereby the local authority of one area undertakes to exercise, for and on behalf of the local authority or local authorities of any other area or areas, within such other area or areas, any specified power or duty of a local authority in relation to the provision, control and management of libraries, library services and information services.(b) Any such agreement shall specify the terms and conditions upon which such power or duty shall be so exercised.(3) Any agreement made under this section shall be made to have effect for a period to be specified therein.(4) An agreement made under this section may provide that on termination of the agreement an adjustment shall be made of the interests of the several local authorities which are parties thereto in any property to the provision of which they have contributed and as to the mode in which the adjustment shall be arrived at.(5) It shall be a term of every agreement made under this section, whether the agreement is made before or after the day appointed and notified under section 2 (2) of the Library (Amendment) Act 1977, that any dispute arising under the agreement shall, on the application to the Council of a party to that agreement, be settled by arbitration by an arbitrator appointed by the Council.
12A Other arrangements relating to local libraries
(1) Without limiting section 12, 2 or more local authorities may, with the approval of the Minister, enter into an arrangement for the provision, control and management of any library, library service or information service in the area of any local authority that is a party to the arrangement.(2) The Minister is not to approve such an arrangement without the agreement of the Minister for Local Government.
(1) A local authority within whose area a library, library service or information service is provided, controlled and managed in accordance with this Act shall, subject to this Act, be entitled to subsidy under this section.(2) A local authority shall be eligible for subsidy under this section if during the year for which the subsidy is payable it expends out of rate income upon the provision, control and management of libraries, library services and information services in its area, not less than the larger of the following amounts, namely:(a) An amount equivalent to the product of a rate upon the unimproved capital value of all ratable land within its area:(i) in the case of an area that (immediately before the commencement of the Local Government Act 1993) was a municipality—of one-tenth of one cent in the dollar,(ii) in the case of an area that (immediately before the commencement of the Local Government Act 1993) was a shire—of one twenty-fifth of one cent in the dollar.(b) An amount equivalent to the sum of ten cents for each person resident within the area of the local authority:Provided that in any case where the amount referred to in paragraph (a) is greater than an amount equivalent to the sum of fifteen cents for each person resident within the area of the local authority, the local authority shall be eligible for subsidy if it so expends not less than the last-mentioned amount.
(3) A local authority shall not be eligible for subsidy under this section unless the library, library service or information service so provided, controlled and managed is in the opinion of the Council reasonably capable of meeting the requirements of the persons resident in its area.(3A) Where a local authority has failed to comply with the requirements of sections 10 and 10A during the year preceding the day on which it lodges an application for subsidy with the Council under section 14, the local authority shall not be eligible for subsidy for the year to which the application relates if the Minister so directs by order in writing served on the local authority.(4) Where a local authority is eligible for subsidy under this section the subsidy payable to the local authority in respect of any year shall be:(a) an amount equal to one-half of the total amount expended by the local authority on libraries, library services and information services in that year from:(i) rate income, and(ii) any advance against subsidy made by the Minister to the local authority in respect of that year, or(b) an amount equivalent to the prescribed amount for each person resident within the area of the local authority,whichever is the less.(5) An advance against subsidy may be made by the Minister to a local authority in any year in respect of which the Minister considers the local authority would, on the basis of the local authority’s estimated expenditure on libraries, library services and information services in that year from rate income, be eligible for subsidy under this section.(5A) An advance against subsidy is payable subject to such conditions and at such times as the Minister may determine.(6) The regulations shall prescribe the manner in which the number of persons resident within the area of a local authority is to be ascertained for the purposes of this section.
(1) A local authority which claims to be entitled to subsidy under section 13 may lodge with the Council an application for payment of such subsidy.(2) The Council shall consider such application and forward the same to the Minister together with its report and recommendation.(3) Subsidy shall be payable out of moneys provided by Parliament.