Supreme Court Library Act 1968 (Qld)

Supreme Court Library Act 1968

An Act relating to the Supreme Court library

Part 1 Preliminary

1 Short title This Act may be cited as the Supreme Court Library Act 1968.

2 Definitions The dictionary in schedule 1 defines particular words used in this Act.

Part 2 Supreme Court library committee

3 Constitution of committee (1) There shall be constituted a body to be called the Supreme Court Library Committee. (2) The committee shall be a body corporate with perpetual succession and a common seal and may sue and be sued in all courts and shall for the purposes and subject to the provisions of this Act be capable of acquiring, holding, alienating and disposing of property and of doing and suffering all such acts and things that a body corporate may in law do or suffer. (3) All courts, judges, justices and persons acting judicially shall take judicial notice of the seal of the committee affixed to any document or notice and shall, unless the contrary shall be proved, presume that it was duly affixed.

3A Committee not public sector entity The committee is prescribed not to be a public sector entity for the Public Sector Act 2022, section 8(2)(s).

4 Constitution of committee, appointment and term of office of members (1) The committee shall consist of— (a) the chief justice or a judge of the Supreme Court appointed by the chief justice; and (b) the chief judge of District Courts or a judge of District Courts appointed by the chief judge of District Courts; and (c) the chief magistrate or a magistrate appointed by the chief magistrate; and (d) 8 other members comprising— (i) 4 practising barristers of at least 3 years standing, of whom 2 shall be appointed by the chief justice and 2 shall be appointed by the Bar Association of Queensland; (ii) 4 practising solicitors of at least 3 years standing, of whom 2 shall be appointed by the chief justice and 2 shall be appointed by the council of the Queensland Law Society Incorporated. (1A) The Minister or the Minister's nominee shall be ex officio a member of the committee. (2) The chairperson of the committee shall be the chief justice or the judge of the Supreme Court appointed by the chief justice as a member of the committee. (2A) If the chairperson is absent from a meeting after a quorum is constituted, the members present shall elect from their number a chairperson for that meeting, and a member so elected shall, while so acting, have all the powers, duties and functions of the chairperson under this Act. (2B) The chairperson shall have a deliberative vote and, in the event of an equality of votes, a casting vote. (3) Appointments to the committee for the year next following shall be made in the month of December of each year. (3A) Members of the committee shall hold office for 1 year commencing on and from 1 January next following their appointments thereto. (4) The office of a member of the committee shall become vacant if the member— (a) dies or resigns his or her office by signed notice delivered to the chief justice; (b) is absent from meetings of the committee for a continuing period of 6 months, without prior leave of the committee; (c) does not hold a local practising certificate, or has a practising certificate that is suspended, under the Legal Profession Act 2007. (4A) Where a vacancy occurs in the office of a member of the committee appointed pursuant to subsection (1)(d) during the term of office of the members then constituting the committee, the chief justice shall appoint to the vacant office another practising barrister or solicitor of like standing who shall hold office until 31 December next following his or her appointment as a member. (4B) Where, in the month of December in any year, the chief justice appoints a judge of the Supreme Court as the chairperson of the committee, the chief justice may also, at the same time, appoint another judge of the Supreme Court to act in the stead of the judge first appointed while that judge is absent on leave. (4C) The chief justice may at any time appoint a judge of the Supreme Court to act as the chairperson during the absence on leave or the inability to act for any reason of the chairperson of the committee or other judge appointed to act as the chairperson pursuant to subsection (4B). (4D) The chief judge of District Courts may at any time appoint a judge of District Courts to act as a member of the committee during the absence on leave or the inability to act for any reason of the chief judge of District Courts or of the judge of District Courts appointed by the chief judge of District Courts to the committee. (4E) The chief magistrate may at any time appoint a magistrate to act as a member of the committee during the absence on leave or the inability to act for any reason of the chief magistrate or of the magistrate appointed by the chief magistrate to the committee. (5) At any meeting of the committee 6 members shall constitute a quorum. (6) Subject to there being a quorum, a proceeding of the committee shall not be invalidated by reason only of a vacancy in the office of a member of the committee at the time of that proceeding. (7) Immediately after the date of commencement of the Supreme Court Library Act Amendment Act 1973 the committee shall furnish to the registrar of the Supreme Court at Brisbane a notice setting forth the names and other relevant particulars of the persons who from time to time since the date of commencement of this Act constituted or were appointed to the committee and thereafter as soon as reasonably practicable— (a) shall upon the constitution of the committee for each year furnish to the registrar notice of the names and other relevant particulars of the persons by whom the committee is constituted for that year and of the judge appointed pursuant to subsection (4B); and (b) shall upon a change in the members constituting the committee occurring in any year furnish to the registrar notice of relevant particulars of that change. (8) The registrar shall file in the central registry at Brisbane every notice furnished to the registrar pursuant to subsection (7).