11. The National Librarian shall have the right to authorise the downloading, copying and
storing, of any electronic document published via networks or otherwise available online,
falling within the jurisdiction of Malta, and to deposit it with the depository libraries, for the
purpose of public access within the premises of the libraries, and for the preservation of the
national published output which is deemed necessary for long-term national memory and future
use.
12. (1) In case of the sale of any document, publication, record or work, which in the opinion of
the Minister, following consultation with the Council and the National Librarian, has
bibliographical or historical importance, the Government shall have the right of acquiring the
same in preference to all other persons on equal conditions.
(2) Such right of preference shall be exercised by the National Librarian by means of a judicial
act served on the purchaser within two months from the date on which the vendor or the
purchaser gives notice to the Minister, by means of a judicial act or a registered letter, of the
sale indicating the name and address of the purchaser and the conditions of the sale, or, if no
such notice is given, within six months on which it shall come to the knowledge of the Minister
that a sale has been effected.
(3) Any person who is responsible for any act or omission having the effect of frustrating the
exercise of the right of preference appertaining to the Government under this article shall be
guilty of an offence under this Act and shall be liable for the penalties contemplated in this Act.
13. (1) In the exercise of his functions under this Act, the National Librarian shall:
(a) give effect, as soon as practicable, to any direction, not inconsistent with any provision of
this Act which the Minister may give to him, in relation to the policy to be followed by him in
the discharge of his functions, and in relation to any matter which appears to the Minister to
affect the Malta Libraries and its libraries;
(b) ensure that operations of the Malta Libraries shall follow a performance agreement which is
to be agreed to between the Permanent Secretary and the Malta Libraries and for this purpose
article 40 of the Public Administration Act shall mutatis mutandis apply;
(c) afford to the Minister facilities for obtaining any information with respect to the property
and activities of the Malta Libraries, and for this purpose the National Librarian shall furnish the
Minister with returns, accounts and other information with respect thereto, and shall afford to
him facilities for the verification of any information furnished, in such manner and at such times
as the Minister may reasonably require.
(2) Save as otherwise provided in this or any other Act, or regulations administered by the Malta
Libraries, the Malta Libraries shall be under the general direction of the Minister and, subject to
such direction, under the supervision of the Permanent Secretary responsible for the Ministry.
(3) The Minister may, in relation to matters that appear to him to affect the public interest, from
time to time give to the Malta Libraries directions in writing of a general character not
inconsistent with the provisions of this or any other Act, or regulations administered by the
Malta Libraries, on the policy to be followed by the Malta Libraries in the carrying out of its
functions, by or under this Act, and the Malta Libraries shall, as soon as possible, give effect to
all such directions.
(4) Save as otherwise provided in this Act, or any other Act or regulations administered by the
Malta Libraries, article 38 of the Public Administration Act shall mutatis mutandis apply.
96