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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Legal Deposit Bill 2011 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 3. Purpose of Act 2 4. Terms used 2 5. Term used: WA Internet document 5 6. Crown bound 5 Part 2 -- Deposit of public documents with State Librarian 7. Application of Part 6 8. Copies of public documents to be given to State Librarian 6 9. Direction to comply with s. 8 6 10. State Librarian may grant exemption from s. 8 7 Part 3 -- Deposit of WA Internet documents with State Librarian 11. Application of Part 8 12. Publishers to provide location of WA Internet documents to State Librarian 8 13. Direction to give WA Internet documents to State Librarian 8 Part 4 -- Legal proceedings 14. Civil action to obtain copies of public documents 10 15. Civil action to require publishers to provide assistance to State Librarian 11 16. Who may commence criminal proceedings 11 244--2 page i Legal Deposit Bill 2011 Contents 17. Other powers of court in criminal proceedings 11 Part 5 -- General 18. Publishers to assist State Librarian to preserve and access deposited copies of certain documents 13 19. Regulations 14 20. Regulations: consultation 15 Part 6 -- Consequential amendments to Library Board of Western Australia Act 1951 21. Act amended 16 22. Section 12 amended 16 23. Section 13 amended 16 24. Section 15 amended 16 25. Section 16 amended 17 Defined Terms page ii Western Australia LEGISLATIVE ASSEMBLY (As amended in Committee) Legal Deposit Bill 2011 A Bill for An Act to facilitate the preservation of the State's published documentary heritage for current and future generations by -- • requiring the deposit with the State Librarian of copies of certain published material; and • authorising the State Librarian to require that certain material published on the Internet be deposited with the State Librarian, and to make consequential amendments to the Library Board of Western Australia Act 1951 and for related purposes. The Parliament of Western Australia enacts as follows: page 1 Legal Deposit Bill 2011 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Legal Deposit Act 2011. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) sections 1 and 2 -- on the day on which this Act 7 receives the Royal Assent; 8 (b) the rest of the Act -- on a day fixed by proclamation, 9 and different days may be fixed for different provisions. 10 3. Purpose of Act 11 (1) The purpose of this Act is to facilitate the preservation of the 12 State's published documentary heritage for current and future 13 generations. 14 (2) The purpose is to be achieved by -- 15 (a) requiring that copies of certain documents published in 16 the State are deposited with the State Librarian; and 17 (b) authorising the State Librarian to require that certain 18 documents published on the Internet are deposited with 19 the State Librarian. 20 4. Terms used 21 (1) In this Act, unless the contrary intention appears -- 22 Board means The Library Board of Western Australia 23 constituted by the Library Board of Western Australia Act 1951 24 section 5(1); 25 document means a document in any form and includes -- 26 (a) any writing on any material (for example, books, 27 periodicals, newspapers, magazines, reports, 28 newsletters, calendars, directories, handbooks, page 2 Legal Deposit Bill 2011 Preliminary Part 1 s. 4 1 guidebooks, sheet music, maps, plans and pamphlets); 2 and 3 (b) information recorded, stored or communicated by means 4 of an electronic recording device, computer or other 5 electronic medium (for example, audio cassettes, video 6 cassettes, multimedia kits, computer magnetic tapes, 7 computer optical disks, floppy disks, compact disks, 8 CDROMs and DVDs); and 9 (c) information recorded or stored by means of any other 10 kind of device or medium (for example, a film, 11 microfilm, microfiche or vinyl record); and 12 (d) information on a website; 13 electronic includes electrical, digital, magnetic, optical, 14 electromagnetic, biometric and phototonic; 15 information includes information in the form of data, text, 16 images or sound; 17 non-print public document means a public document that is 18 published in a medium other than print and includes a document 19 of the kind referred to in the definition of document 20 paragraph (b) or (c); 21 public document -- 22 (a) means a document -- 23 (i) that is printed or produced by any other means in 24 the State or is commissioned to be printed or 25 otherwise produced outside the State (including 26 outside Australia) by a person who is resident in 27 the State or whose principal place of business is 28 in the State; and 29 (ii) of which one or more copies are published in the 30 State; 31 but 32 (b) does not include -- 33 (i) a document on the Internet; or page 3 Legal Deposit Bill 2011 Part 1 Preliminary s. 4 1 (ii) a document, or a document belonging to a class 2 of document, that is prescribed by the regulations 3 not to be a public document; 4 publish means -- 5 (a) in relation to a document other than a document on the 6 Internet, to make the document publicly available by -- 7 (i) issuing one or more copies of the document to 8 the public; or 9 (ii) making one or more copies of the document 10 available to the public upon request; 11 or 12 (b) in relation to a document on the Internet, to make the 13 document available to the public on the Internet, 14 whether or not there is any restriction on members of the public 15 acquiring, accessing or using the document; 16 publisher means -- 17 (a) in relation to a document other than a document on the 18 Internet, the person who publishes the document; or 19 (b) in relation to a document on the Internet, the person who 20 has control over the content of the website, or the part of 21 the website, on which the document is located; 22 restriction, in relation to acquiring, accessing or using a 23 document -- 24 (a) means a physical, technical or mechanical restriction 25 such as the requirement to pay a fee or price, or some 26 other requirement such as the use of a password, that 27 prevents or restricts free public access to the document; 28 but 29 (b) does not include a legal restriction recorded in or 30 claimed for the document; 31 State Librarian means the person appointed to the office of 32 State Librarian under the Library Board of Western Australia 33 Act 1951 section 6(1A); page 4 Legal Deposit Bill 2011 Preliminary Part 1 s. 5 1 WA Internet document has the meaning given in section 5. 2 (2) In this Act, unless the contrary intention appears, a reference to 3 a copy of a public document includes a reference to a device or 4 medium that contains a non-print public document. 5 5. Term used: WA Internet document 6 (1) A document published on the Internet is a WA Internet 7 document if -- 8 (a) the publisher of the document is a person who is resident 9 in the State or whose principal place of business is in the 10 State; or 11 (b) under the regulations, the document is to be taken to be 12 a WA Internet document. 13 (2) A WA Internet document is the document at a particular point in 14 time, and if that document is subsequently changed in any 15 significant respect, it becomes a different WA Internet 16 document for the purposes of this Act. 17 (3) A WA Internet document does not include a document, or a 18 document belonging to a class of document, that is prescribed 19 by the regulations not to be a WA Internet document. 20 6. Crown bound 21 This Act binds the Crown in right of the State and, so far as the 22 legislative power of the Parliament permits, the Crown in all its 23 other capacities. page 5 Legal Deposit Bill 2011 Part 2 Deposit of public documents with State Librarian s. 7 1 Part 2 -- Deposit of public documents with State 2 Librarian 3 7. Application of Part 4 (1) This Part applies to a public document that is published on or 5 after the day on which this section comes into operation. 6 (2) The fact that a document is also published on the Internet does 7 not affect the application of this Part in respect of the document. 8 8. Copies of public documents to be given to State Librarian 9 The publisher of a public document to which this Part applies 10 must, in accordance with the regulations, give to the State 11 Librarian, at the publisher's own expense, the prescribed 12 number of copies (not exceeding 2) of the document. 13 9. Direction to comply with s. 8 14 (1) If the State Librarian considers that the publisher of a public 15 document has not given copies of the document to the State 16 Librarian in accordance with section 8, the State Librarian may 17 direct the publisher to do so. 18 (2) The direction may relate to -- 19 (a) one or more public documents; or 20 (b) one or more classes of public document. 21 (3) The direction must be by a written notice signed by the State 22 Librarian and given to the publisher. 23 (4) The direction must specify -- 24 (a) each public document or class of public document to 25 which the direction relates; and 26 (b) the period (being at least 30 days after the date of the 27 notice) within which the publisher must comply with the 28 direction; and 29 (c) any other matter prescribed by the regulations. page 6 Legal Deposit Bill 2011 Deposit of public documents with State Librarian Part 2 s. 10 1 (5) The publisher must not, without reasonable excuse, fail to 2 comply with the direction. 3 Penalty: 4 (a) for an individual -- a fine of $1 000; 5 (b) for a body corporate -- a fine of $5 000. 6 10. State Librarian may grant exemption from s. 8 7 (1) The State Librarian may by order exempt a specified person or a 8 specified class of person from section 8 or from specified 9 provisions of the regulations made for the purposes of that 10 section. 11 (2) An order under subsection (1) may provide for circumstances in 12 which, and conditions subject to which, an exemption is to 13 apply. 14 (3) An exemption is of no effect at any time when a condition to 15 which it is subject is not being observed. 16 (4) An order under subsection (1) is subsidiary legislation for the 17 purposes of the Interpretation Act 1984, and section 42 of that 18 Act applies to and in relation to an order as if the order were a 19 regulation. 20 page 7 Legal Deposit Bill 2011 Part 3 Deposit of WA Internet documents with State Librarian s. 11 1 Part 3 -- Deposit of WA Internet documents with 2 State Librarian 3 11. Application of Part 4 This Part applies to a WA Internet document -- 5 (a) that is published on or after the day on which this 6 section comes into operation; and 7 (b) whether or not the document is published in any other 8 manner. 9 12. Publishers to provide location of WA Internet documents to 10 State Librarian 11 (1) The publisher of a WA Internet document to which this Part 12 applies must, within 30 days after the document is published, 13 give to the State Librarian the prescribed information in relation 14 to the location of the document on the Internet. 15 (2) The Criminal Code section 177 does not apply to the obligation 16 under subsection (1). 17 13. Direction to give WA Internet documents to State Librarian 18 (1) The State Librarian may direct the publisher of a WA Internet 19 document to which this Part applies to give to the State 20 Librarian, at the publisher's own expense, a specified number of 21 electronic copies (not exceeding 3) of the document in such 22 format as is specified in the direction. 23 (2) The direction may relate to -- 24 (a) one or more WA Internet documents; or 25 (b) one or more classes of WA Internet document. 26 (3) The direction may -- 27 (a) require the publisher to give the specified number of 28 electronic copies of a WA Internet document each time page 8 Legal Deposit Bill 2011 Deposit of WA Internet documents with State Librarian Part 3 s. 13 1 the document (by reason of section 5(2)) becomes a 2 different WA Internet document; or 3 (b) require the publisher to provide the specified number of 4 electronic copies of the document at such reasonable 5 intervals as are specified in the direction. 6 (4) The direction must not specify a requirement of the kind 7 referred to in subsection (3)(a) unless the State Librarian 8 considers that it is reasonably practicable for the publisher to 9 comply with the requirement. 10 (5) The direction must be by a written notice signed by the State 11 Librarian and given to the publisher. 12 (6) The direction must specify -- 13 (a) each WA Internet document or class of WA Internet 14 document to which the direction relates; and 15 (b) any other matter prescribed by the regulations. 16 (7) The publisher must not, without reasonable excuse, fail to 17 comply with the direction. 18 Penalty: 19 (a) for an individual -- a fine of $1 000; 20 (b) for a body corporate -- a fine of $5 000. 21 (8) For the purposes of subsection (7), the publisher is to be taken 22 to have complied with the direction if -- 23 (a) the publisher expressly authorises the State Librarian to 24 make, free of charge, copies of a WA Internet document 25 to which the direction relates; and 26 (b) if there is a restriction that prevents the State Librarian 27 from making those copies, the publisher provides the 28 State Librarian with the means to make those copies 29 without imposing an unreasonable burden on the 30 resources of the Board. page 9 Legal Deposit Bill 2011 Part 4 Legal proceedings s. 14 1 Part 4 -- Legal proceedings 2 14. Civil action to obtain copies of public documents 3 (1) If the publisher of a public document or a WA Internet 4 document fails to comply with a direction given to the publisher 5 under section 9(1) or 13(1) in respect of the document, the 6 Board may apply to the District Court for an order -- 7 (a) that the publisher give to the State Librarian the copies 8 of the document that ought to have been given to the 9 State Librarian under section 8 or 13(1); or 10 (b) that the publisher pay to the Board the costs reasonably 11 incurred, or to be incurred, by the Board in obtaining the 12 copies of the document that ought to have been given to 13 the State Librarian under section 8 or 13(1). 14 (2) The Court may make the order sought if the Court is satisfied -- 15 (a) in the case of a direction under section 9(1), that the 16 publisher did not give copies of the document to the 17 State Librarian in accordance with section 8 and that the 18 publisher, without reasonable excuse, failed to comply 19 with the direction under section 9(1); or 20 (b) in the case of a direction under section 13(1), that the 21 publisher, without reasonable excuse, failed to comply 22 with the direction under section 13(1). 23 (3) The order may be on such terms and conditions as the Court 24 thinks fit. 25 (4) An order under this section is a judgment of the Court and may 26 be enforced accordingly. 27 (5) This section does not affect the liability of a person under 28 section 9(5) or 13(7). page 10 Legal Deposit Bill 2011 Legal proceedings Part 4 s. 15 1 15. Civil action to require publishers to provide assistance to 2 State Librarian 3 (1) If the publisher of a non-print public document or a WA Internet 4 document fails to comply with a direction given to the publisher 5 under section 18(2) to provide reasonable assistance in respect 6 of the document, the Board may apply to the District Court for 7 an order that the publisher provide to the State Librarian the 8 assistance that ought to have been provided in respect of the 9 document under that direction. 10 (2) The Court may make the order sought if the Court is satisfied 11 that -- 12 (a) the assistance required under the direction was 13 reasonably necessary for the purposes of this Act; and 14 (b) the publisher, without reasonable excuse, failed to 15 comply with the direction. 16 (3) The order may be on such terms and conditions as the Court 17 thinks fit. 18 (4) An order under this section is a judgment of the Court and may 19 be enforced accordingly. 20 (5) This section does not affect the liability of a person under 21 section 18(6). 22 16. Who may commence criminal proceedings 23 Without limiting the functions of the DPP under the Director of 24 Public Prosecutions Act 1991, a prosecution for an offence 25 under this Act may only be commenced by the Board or a 26 person authorised in writing by the Board to do so. 27 17. Other powers of court in criminal proceedings 28 (1) If, under section 9(5) or 13(7), a court convicts a person of 29 failing to comply with a direction given to the person in respect 30 of a public document or a WA Internet document, the court page 11 Legal Deposit Bill 2011 Part 4 Legal proceedings s. 17 1 may, if the court considers it appropriate in the circumstances of 2 the case -- 3 (a) order the offender to give to the State Librarian the 4 copies of the document that ought to have been given to 5 the State Librarian under section 8 or 13(1); or 6 (b) order the offender to pay to the Board the costs 7 reasonably incurred, or to be incurred, by the Board in 8 obtaining the copies of the document that ought to have 9 been given to the State Librarian under section 8 10 or 13(1). 11 (2) If, under section 18(6), a court convicts a person of failing to 12 comply with a direction given to the person to provide 13 reasonable assistance in respect of a non-print public document 14 or a WA Internet document, the court may, if the court 15 considers it appropriate in the circumstances of the case, order 16 the offender to provide to the State Librarian the assistance that 17 ought to have been provided in respect of the document under 18 the direction. 19 (3) An order under subsection (1) or (2) -- 20 (a) may be made on such terms and conditions as the court 21 thinks fit; and 22 (b) is in addition to any other penalty that may be imposed 23 on the offender; and 24 (c) may be enforced as if it were a judgment of the court. page 12 Legal Deposit Bill 2011 General Part 5 s. 18 1 Part 5 -- General 2 18. Publishers to assist State Librarian to preserve and access 3 deposited copies of certain documents 4 (1) This section applies to a document that is a non-print public 5 document or a WA Internet document. 6 (2) If the State Librarian considers that it is reasonably necessary 7 for the purposes of this Act, the State Librarian may, at any 8 time, direct the publisher of a document to which this section 9 applies to provide, at the publisher's own expense, reasonable 10 assistance to the State Librarian to enable the State Librarian to 11 preserve and access the copies of the document that are obtained 12 by the State Librarian under this Act. 13 (3) The direction may relate to -- 14 (a) one or more documents; or 15 (b) one or more classes of document. 16 (4) The direction must be by written notice signed by the State 17 Librarian and given to the publisher. 18 (5) The direction must specify -- 19 (a) each document or class of document to which the 20 direction relates; and 21 (b) the manner in which the publisher is required to assist 22 the State Librarian; and 23 (c) the period (being at least 30 days after the date of the 24 notice) within which the publisher must comply with the 25 direction; and 26 (d) any other matter prescribed by the regulations. 27 (6) The publisher must not, without reasonable excuse, fail to 28 comply with the direction. 29 Penalty: 30 (a) for an individual -- a fine of $1 000; page 13 Legal Deposit Bill 2011 Part 5 General s. 19 1 (b) for a body corporate -- a fine of $5 000. 2 (7) The regulations may provide for circumstances in which a 3 direction under this section may require the publisher of a 4 document to provide to the State Librarian a copy of any 5 computer program necessary to enable the State Librarian to 6 preserve and access the copies of the document. 7 19. Regulations 8 (1) The Governor may make regulations prescribing all matters that 9 are required or permitted by this Act to be prescribed, or are 10 necessary or convenient to be prescribed to give effect to the 11 purposes of this Act. 12 (2) Regulations made under subsection (1) for the purposes of 13 section 8 may do any or all of the following -- 14 (a) prescribe the number of copies of a public document to 15 be given to the State Librarian under that section, 16 including by prescribing different numbers of copies 17 (not exceeding 2) according to the class of document or 18 such other circumstances or factors as may be specified 19 in the regulations; 20 (b) specify the period (being not less than 30 days) within 21 which copies of a public document must be given to the 22 State Librarian after it is published; 23 (c) provide for the manner in which copies of a public 24 document must be given; 25 (d) provide for circumstances in which copies of a reprint or 26 subsequent edition of a public document are not required 27 to be given; 28 (e) in respect of cases where a public document is published 29 in copies of a differing quality or standard, specify 30 requirements in relation to the quality or standard of the 31 copies given; 32 (f) in respect of cases where a public document is published 33 in different formats, specify requirements in relation to page 14 Legal Deposit Bill 2011 General Part 5 s. 20 1 the format of the copies given, including by providing 2 for the State Librarian to determine (either generally or 3 in a particular case) the format of the copies given; 4 (g) in respect of cases where a public document is published 5 in more than one medium -- 6 (i) provide that each of those media is a different 7 public document for the purposes of section 8; or 8 (ii) provide that section 8 applies only in respect of 9 one or some of those media, and provide for the 10 manner of determining that medium or media; 11 (h) require materials (for example, containers, wrapping 12 material, notices or instructions) that generally 13 accompany a public document to be given with the 14 copies of the public document; 15 (i) provide for the issuing of a receipt in relation to copies 16 of a public document given, including circumstances in 17 which a receipt is not required to be issued. 18 (3) Regulations made under subsection (1) may provide for matters 19 relating to access to or use of the copies of a public document or 20 of a WA Internet document that are obtained by the State 21 Librarian under this Act, including by providing for limitations 22 on access and use. 23 (4) Subsections (2) and (3) do not limit the making of regulations 24 under subsection (1). 25 20. Regulations: consultation 26 (1) Before regulations are made under this Act, the Minister must, 27 as far as is reasonably practicable, consult with any persons who 28 appear to the Minister to be likely to be affected by the 29 regulations. 30 (2) Consultation may be undertaken in any way that the Minister 31 thinks appropriate in the circumstances, having regard to the 32 number of persons who will be likely to be affected by the 33 regulations. page 15 Legal Deposit Bill 2011 Part 6 Consequential amendments to Library Board of Western Australia Act 1951 s. 21 1 Part 6 -- Consequential amendments to Library Board 2 of Western Australia Act 1951 3 21. Act amended 4 This Part amends the Library Board of Western Australia 5 Act 1951. 6 22. Section 12 amended 7 In section 12 delete "jurisdiction," and insert: 8 9 jurisdiction, or proceedings under the Legal Deposit 10 Act 2011 section 14 or 15, 11 12 23. Section 13 amended 13 (1) In section 13(1) delete "the regulations" and insert: 14 15 the Legal Deposit Act 2011 16 17 (2) In section 13(2)(a) delete "Act; or" and insert: 18 19 Act or the Legal Deposit Act 2011; or 20 21 24. Section 15 amended 22 (1) In section 15(2): 23 (a) in paragraph (b) delete "Australia." and insert: 24 25 Australia; and 26 page 16 Legal Deposit Bill 2011 Consequential amendments to Library Board of Western Part 6 Australia Act 1951 s. 25 1 (b) after paragraph (b) insert: 2 3 (c) may perform the functions conferred on the 4 Board under the Legal Deposit Act 2011. 5 6 (2) In section 15 after each of subsections (1)(Aa) to (d) and (2)(a) 7 insert: 8 9 and 10 11 25. Section 16 amended 12 (1) In section 16(1) after "this Act" (first occurrence) insert: 13 14 and the Legal Deposit Act 2011 15 16 (2) In section 16(2)(b) delete "this Act." and insert: 17 18 this Act and the Legal Deposit Act 2011. 19 page 17 Legal Deposit Bill 2011 Defined Terms Defined Terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined Term Provision(s) Board ............................................................................................................... 4(1) document ......................................................................................................... 4(1) electronic ......................................................................................................... 4(1) information ...................................................................................................... 4(1) non-print public document............................................................................... 4(1) public document .............................................................................................. 4(1) publish ............................................................................................................. 4(1) publisher .......................................................................................................... 4(1) restriction ......................................................................................................... 4(1) State Librarian ................................................................................................. 4(1) WA Internet document ............................................................................4(1), 5(1)
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