Insights from practitioners in Information Management

New West Australian Legal Deposit Regulations

Western Australia has just enacted a piece of legislation requiring Legal Deposit of publications with the Sate Library of Western Australia. This is in addition to the Legal Deposit copy you should already have provided to the National Library of Australia in Canberra. 

The Legislation is as follows:
The Legal Deposit Regulations 2013 commenced on 1 January 2014.  These first Regulations are for ‘public documents’ in Part 2 of the Legal Deposit Act 2012.

A ‘public document’ is on a physical carrier, including books, serials, maps, DVDs, CDs, posters and postcards, and where copies are made available to the public, freely or for sale, ie, it is published.  It includes printed materials such as books, journals, newspapers and sheet music, video recordings such as films and short films, audio recordings such as music and audio books, and electronic data.

The Regulations provide that:

  • – Stationery, calendars, trade catalogues, press releases, drawing books, timetables, patterns and other documents are excluded.
  • – One copy is to be deposited.
  • – A copy is to deposited within 30 days after publication.
  • – A copy is to be of the same standard as the best copy published; free of any restrictions that prevents or restricts copying; and accompanied by any material that generally accompanies it.
  • – A receipt is to be issued within 30 days after deposit; or within 12 months or other agreed period after deposit of a serial.
  • – A copy of a subsequent edition or reprint is not required to be deposited unless the content or form has been altered.
  • – Different formats are to be deposited.
  • – Different mediums are to be deposited
  • – Limitations on access to a copy may be imposed due to commercial or cultural sensitivity.
  • The Act and Regulations are for documents published in Western Australia, and deposit is the responsibility of the publisher.