National Library Regulations 1994 (Cth)

National Library Regulations 1994

Statutory Rules 1994 No. 329 as amended

made under the

National Library Act 1960

This compilation was prepared on 3 July 2002

taking into account amendments up to SR 2002 No. 162

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

Page

Part 1Preliminary

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Part 2Access to, and conduct on, Library property

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Part 3Access to, and use of, library material

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Part 4Review of decisions

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Part 5Purchase and disposal of assets

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Part 1Preliminary

  1Name of Regulations [see Note 1]

 These Regulations are the National Library Regulations 1994.

2Interpretation

 In these Regulations, unless the contrary intention appears:

Act means the National Library Act 1960.

authorised liquor seller means a person authorised under subregulation 13 (1) to sell liquor.

authorised person means:

• (a)

  the Director-General; or

• (b)

  a person authorised by the Director-General for the purposes of the provision in which the expression appears.

Library building means a building owned by or under the control of the Library.

Library property means land and buildings owned by or under the control of the Library.

loan record, in relation to an item of library material, means a record, held by the Library, of:

• (a)

  the identity of the item; and

• (b)

  the full name and address of the person to whom the item has been lent; and

• (c)

  the date on which the item was lent; and

• (d)

  the date on which the item is to be returned to the Library.

reading room means an area supervised by Library staff where library material forming part of the Library’s collection is lent to, and used by, persons who are not officers or employees of the Library.

Part 2Access to, and conduct on, Library property

  3Parking on Library property

• (1)

  An authorised person may direct a person apparently in charge of a motor vehicle on Library property:

  • (a)

    not to park the vehicle on the property; or

  • (b)

    to park the vehicle in a specified place on the property.

• (2)

  A person must comply with a direction under subregulation (1).

  Penalty:   5 penalty units.

• (3)

  Strict liability applies to subregulation (2).

• (4)

  It is a defence to a prosecution for an offence against subregulation (2) if the person had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code).

4Inspection and collection of bags and other articles

• (1)

  In this regulation, prescribed article means:

  • (a)

    an overcoat; and

  • (b)

    an implement, other than a pen or pencil, that can be used to damage library material; and

  • (c)

    a bag, case, parcel or other container that cannot be wholly enclosed in a cube each edge of which is 300 millimetres long.

• (2)

  On entering a Library building, a person possessing a prescribed article must leave it in an area set aside for the purpose.

Penalty:   5 penalty units.

• (3)

  An authorised person may direct a person carrying an article that appears to be a prescribed article:

  • (a)

    to submit it for inspection; and

  • (b)

    to leave it in the area set aside for that purpose.

• (4)

  A person must obey a direction.

Penalty:   5 penalty units.

• (4A)

  Strict liability applies to subregulations (2) and (4).

• (4B)

  It is a defence to a prosecution for an offence against subregulation (2) or (4) if the person had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code).

• (5)

  This regulation does not apply to a person who is a member of the staff of the Library or a member of the Council.

5Animals in Library buildings

• (1)

  A person must not bring into a Library building an animal belonging to the person or in his or her charge if the animal is not a guide dog for a person with a hearing or visual impairment.

  Penalty:   5 penalty units.

• (2)

  A person must take reasonable steps to prevent an animal belonging to the person or in his or her charge to enter, or remain in, a Library building if the animal is not a guide dog for a person with a hearing or visual impairment.

  Penalty:   5 penalty units.

6Dangerous items in Library buildings

• (1)

  A person must not bring into, or possess in, a Library building:

  • (a)

    a projectile; or

  • (b)

    a weapon (including a firearm); or

  • (c)

    an inflammable or explosive article or substance.

    Penalty:   5 penalty units.

• (2)

  It is a defence to a prosecution for an offence against subregulation (1) if the person had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code).

7Directions by the Director-General

• (1)

  The Director-General may direct that:

  • (a)

    members of the public must not enter or remain in an area of Library property at the times specified in the notice; and

  • (b)

    photographic, video and audio recording equipment must not be used in an area of a Library building without the Director-General’s written permission.

• (2)

  A direction under paragraph (1) (a) does not apply to an employee of the Library or a person authorised in writing by the Council or the Director-General to enter or remain in an area.

• (3)

  A person must not contravene a direction under subregulation (1).

  Penalty:   5 penalty units.

8Smoking, eating and drinking in Library buildings

• (1)

  A person must not smoke, eat or drink in a Library building in an area that is not an area where smoking, eating or drinking is permitted by the Director-General.

Penalty:   5 penalty units.

• (2)

  Subsection (1) does not prevent a person from taking medication in a Library building.

• (2A)

  It is a defence to a prosecution for an offence against subregulation (1) if the person had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code).

• (3)

  A person must not ignite any article, material or substance in a Library building if the ignition is not for:

  • (a)

    maintenance work; or

  • (b)

    cooking or smoking in an area where it is permitted by the Director-General.

    Penalty:   5 penalty units.

9Directions and permission under regulations 7 and 8

• (1)

  The Director-General may give a direction under subregulation 7 (1), or permission under paragraph 7 (1) (b) or subregulation 8 (1), by a notice.

• (2)

  A notice must:

  • (a)

    state that it is issued by the authority of the Director-General; and

  • (b)

    be prominently displayed at all entrances to the area of the building to which it relates.

10Personal conduct on Library property

• (1)

  A person must not, on Library property:

  • (a)

    interfere with, or engage in conduct that damages, an exhibit, plant, structure or object; or

  • (b)

    engage in conduct that obstructs, disturbs or annoys another person properly using the premises; or

  • (c)

    engage in conduct that destroys, alters or erases a computer program on a computer, computer system or part of a computer system; or

  • (d)

    attach any article to, write on or otherwise engage in conduct that defaces, any structure; or

  • (e)

    engage in conduct that exposes or causes to be exposed for show, sale or hire any article for use or consumption by a member of the public if the person does not have the written consent of the Council or the Director-General; or

  • (f)

    contravene a reasonable direction of an authorised person.

    Penalty:   5 penalty units.

• (2)

  It is a defence to a prosecution for an offence against paragraph (1) (d) or (f) if the person had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code).

• (3)

  Strict liability applies to paragraph (1) (f).

11Removal of persons from Library property

• (1)

  An authorised person may direct a person, other than a member of staff of the Library, to leave Library property, if there are reasonable grounds for believing that the person is committing or has committed an offence against these Regulations.

• (2)

  The person must obey the direction.

Penalty:   5 penalty units.

• (2A)

  Strict liability applies to subregulation (2).

• (2B)

  It is a defence to a prosecution for an offence against subregulation (2) if the person had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code).

• (3)

  If the person refuses to obey the direction, the authorised person may, using such force as is reasonable and necessary, remove the person from Library property.

12Exclusion of persons from Library property

• (1)

  The Director-General may give a direction in writing to a person who has, under regulation 11, been directed to leave Library property not to re-enter the property during a reasonable period specified in the direction.

• (2)

  The person must obey the direction.

Penalty:   5 penalty units.

• (3)

  Strict liability applies to subregulation (2).

• (4)

  It is a defence to a prosecution for an offence against subregulation (2) if the person had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code).

13Authority to sell liquor

• (1)

  The Director-General may, in writing, authorise the sale of liquor on Library property in the Australian Capital Territory.

• (2)

  The authority must state:

  • (a)

    the name of the person by whom liquor may be sold; and

  • (b)

    the parts of Library property where liquor may be sold; and

  • (c)

    the hours during which liquor may be sold.

• (3)

  An authorised liquor seller must not sell or supply liquor if the sale or supply is not in accordance with the authority.

  Penalty:   5 penalty units.

14Limits on sale of liquor

• (1)

  A person who is not an authorised liquor seller must not intentionally sell or supply liquor to a person on Library property.

Penalty:    5 penalty units.

• (2)

  An authorised liquor seller must not intentionally sell or supply liquor that is adulterated.

Penalty:   5 penalty units.

• (3)

  An authorised liquor seller must not intentionally sell or supply liquor to a person whom it is reasonable to believe is:

  • (a)

    intoxicated; or

  • (b)

    under the age of 18 years.

Penalty:   5 penalty units.

• (4)

  An authorised liquor seller or an employee of the seller may refuse to sell liquor to a person unless that person satisfies the seller or employee of the person’s age.

15Consumption of liquor by young person

 A person under the age of 18 years must not intentionally buy or consume liquor on Library property.

Penalty:   5 penalty units.

16Young person obtaining liquor

 A person must not intentionally send a person under the age of 18 years to buy or collect liquor on Library property.

Penalty:   5 penalty units.

Part 3Access to, and use of, library material

  17Written requests for access to library material

• (1)

  An authorised person may require a person seeking access to library material forming part of the Library’s collection to apply in writing for:

  • (a)

    access to the material; or

  • (b)

    admission to a reading room.

• (2)

  An application for access to library material, or for admission to a reading room, must:

  • (a)

    be made in a form approved by the Director-General; and

  • (b)

    specify:

    • (i)

      the purpose of access to, and the intended use of, the material; or

    • (ii)

      the purpose of admission to the reading room; and

  • (c)

    include the applicant’s name and address.

Note   The application may, in certain circumstances, be made electronically (see the Electronic Transactions Act 1999).

• (3)

  An authorised person may require an applicant to produce, for the authorised person’s inspection, an appropriate form of identification that confirms the details mentioned in paragraph (2) (c).

18Tickets for access to a reading room or library materials

• (1)

  An authorised person may issue tickets allowing persons access to reading rooms, or library material forming part of the Library’s collection, for a period determined by the Director-General.

• (2)

  An authorised person may require a person to produce a ticket issued by an authorised person before the person holding the ticket is allowed access to a reading room, or library material.

19Refusal of access to library material

• (1)

  An authorised person may direct in writing that access to, or use of, an item of library material forming part of the Library’s collection be prohibited, or subject to conditions specified in the direction, if the access or use:

  • (a)

    could result in damage to the item; or

  • (b)

    would be in breach of an agreement that applies to use of the item.

• (2)

  An authorised person may refuse to allow access to, or use of, an item of library material forming part of the Library’s collection if there are reasonable grounds for believing that access or use:

  • (a)

    could result in damage to the item; or

  • (b)

    would be in breach of an agreement that applies to use of the item; or

  • (c)

    would contravene a direction.

20Conditions on reproduction of an item of library material

• (1)

  The Council or an authorised person may, by a written direction, require a person using a unique or rare item of library material forming part of the Library’s collection:

  • (a)

    not to produce a facsimile of the item or part of the item without the written permission of the Council or an authorised person; or

  • (b)

    to give written notice of any intention to publish matter from the item in any form.

• (2)

  The Council or an authorised person may, by a written direction, require a person publishing matter from a unique or rare item of library material forming part of the Library’s collection to acknowledge the source of the matter in a manner approved by the Council or authorised person.

• (3)

  A person must comply with a direction.

Penalty:   5 penalty units.

• (4)

  Strict liability applies to subregulation (3).

• (5)

  It is a defence to a prosecution for an offence against subregulation (3) if the person had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code).

21Offences relating to use of library material

• (1)

  A person who does not have the written permission of an authorised person must not:

  • (a)

    remove an item of library material that forms part of the Library’s collection from a book storage area or a reading room; or

  • (b)

    place anything on an item of library material that forms part of the Library’s collection to copy or trace the library material.

Penalty:   5 penalty units.

• (2)

  A person who does not have authority must not remove an item of library material that forms part of the Library’s collection from a Library building

  Penalty:   5 penalty units.

• (2A)

  For subregulation (2), a person has authority if the person:

  • (a)

    has written permission of an authorised person; or

  • (b)

    has had a loan record approved by an authorised person.

• (3)

  A person must not:

  • (a)

    write in or on, or mark, an item of library material forming part of the Library’s collection; or

  • (b)

    engage in conduct that damages an item of library material forming part of the Library’s collection; or

  • (c)

    handle an item of library material forming part of the Library’s collection in a way likely to damage it.

    Penalty:   5 penalty units.

• (4)

  Subregulations (1), (2) and (3) do not apply to prevent maintenance and development of the Library’s collection.

• (5)

  It is a defence to a prosecution for an offence against subregulation (1), (2) or (3) if the person had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code).

Part 4Review of decisions

  22Review by Administrative Appeals Tribunal

 Application under the Administrative Appeals Tribunal Act 1975 may be made to the Administrative Appeals Tribunal for a review of a decision of:

• (a)

  the Director-General under subregulation 12 (1) to give a direction to a person not to re-enter Library property; or

• (b)

  an authorised person under subregulation 19 (2) to refuse access to, or use of, an item of library material.

Part 5Purchase and disposal of assets

23Higher amounts – purchase and disposal of assets

 For paragraphs 7A (1) (a), (b) and (c) of the Act, the higher amount is $1 000 000.

Notes to the National Library Regulations 1994

Note 1

The National Library Regulations 1994 (in force under the National Library Act 1960) as shown in this compilation comprise Statutory Rules 1994 No. 329 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1994 No. 329	23 Sept 1994	23 Sept 1994
2001 No. 337 (a)	21 Dec 2001	21 Dec 2001	—
2002 No. 162	3 July 2002	3 July 2002	—

(a) Statutory Rules 2001 No. 337 was made under the Australian National Maritime Museum Act 1990, the National Gallery Act 1975, the National Library Act 1960, the Radiocommunications Act 1992 and the Telecommunications Act 1997.

 

Table of Amendments

ad. = added or inserted       am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1..........................................	rs. 2001 No. 337
Rr. 3, 4....................................	am. 2001 No. 337
Rr. 5, 6....................................	rs. 2001 No. 337
Rr. 7, 8....................................	am. 2001 No. 337
R. 10........................................	rs. 2001 No. 337
Rr. 11–13................................	am. 2001 No. 337
R. 17........................................	am. 2002 No. 162
Rr. 20, 21................................	am. 2001 No. 337
Part 5....................................... (r. 23)	rs. 2002 No. 162
R. 23........................................	rs. 2002 No. 162