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This is a Bill, not an Act. For current law, see the Acts databases.


CULTURE, LIBRARIES AND ARTS BILL 1998

                     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

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     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.



     page 24
                                          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.




     page 30
                                           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;




     page 32
                                              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.




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                                            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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                                               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




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     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.




 


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