Legislative background of legal deposit

New South Wales publishers are obliged to deposit publications in accordance with five legislative and statutory requirements/policies:

1. The Library Act 1939 requires that NSW publishers deposit their print publications to three deposit libraries – the State Library of NSW, the NSW Parliamentary Library and the University of Sydney Library.
   The Library Act also requires that NSW publishers deposit publications, including digital, in accordance with ‘legal deposit orders’ that are issued by the  deposit libraries. 
2. The Premier’s Memorandum No. 2000 - 15, Access To Published Information - Laws, Policy and Guidelines requires that NSW government publishers deposit their print and digital publications to three deposit libraries - the State Library of NSW (required to deposit two print copies), the NSW Parliamentary Library, and the University of Western Sydney Library. This Premier’s Memorandum is required as the Library Act 1939 does not apply to NSW government organisations.
3. The Premier’s Memorandum M2013-09 Production Costs of Annual Reports requires that NSW government publishers deposit their digital annual reports to NSW State Records and Archives – upload to OpenGov NSW, National Library of Australia, University of Western Sydney Library, State Library of NSW and the NSW Parliamentary Library.
4. The Commonwealth Copyright Act 1968 requires that all Australian publishers (including NSW) deposit their publications in the National Library of Australia. For further information, contact the National Library.
5. The Commonwealth Library Deposit and Free Issue Schemes (LDS) requires that Australian government publishers deposit their publications in National, state and territory libraries.

Based on these five requirements:

NSW publishers (non-government) are required to:

1. deposit their print publications with the State Library of NSW, the NSW Parliamentary Library, the University of Sydney Library and National Library of Australia.
2. deposit their digital publications with the National Library of Australia. The NSW legislation, the Library Act 1939 (NSW) provides for NSW deposit libraries to issue ‘legal deposit orders’ directing publishers to deposit their publications. 

NSW government publishers are required to:

1. deposit their print and digital publications to the State Library of NSW, the NSW Parliamentary Library, the University of Western Sydney Library and the National Library of Australia.
2. deposit their digital annual reports to NSW State Records and Archives – upload to OpenGov NSW, National Library of Australia, University of Western Sydney Library, State Library of NSW and the NSW Parliamentary Library.

Australian government publishers are required to:

1. deposit their print and digital publications to each National, state and territory Library.

Note that for the National Library, if both print and digital formats are available, the digital publication is preferred. For further information, contact the National Library.

Similar requirements for Australian publishers exist in other states and territories with the obligation to deposit print and digital publications with their state and territory library as well as the National Library of Australia. Further information is available at Legal deposit in Australia at the NED website.