Library Order 2005

Administered by Department of Education, Science and Training

Legislation au F2005B00948 Not in force Legislative Instrument

Legislation content

THE AUSTRALIAN NATIONAL UNIVERSITY

 

LIBRARY ORDER 2005

The Council of the Australian National University makes this Order under section 3 of the Library Statute.

 

Dated: 10 December 2004.

 

 

 

 

Peter Baume AO

Chancellor

________________________________________________________________________

Name of Order and commencement

1 (1) This Order is the Library Order 2005.

(2) This Order commences on 31 December 2004, immediately after the commencement of the Orders (Repeal) Order 2004.

Interpretation

2 In this Order, unless the contrary intention appears:

"automated borrowing" means a borrowing of an item from a Library collection, being a borrowing that is recorded by the Library by a means:

 (a) that involves use of a computer or other electronic device; and

 (b) that the Librarian has determined in writing to be a system of automated borrowing;

"collection" means a collection of items in the Library;

"item" includes a book, periodical, newspaper, thesis, pamphlet, musical score, map, plan, chart or table, sound recording, cinematograph film, audio-visual material and microform material;

"Loans desk" means any desk, table or counter in a library including any associated book chute used for the purpose of borrowing and returning items.

Return of borrowed items

3 (1) Where a person borrows an item from a Library collection for other than a 2-hour, overnight or 2-day loan, the person shall return the item to a Loans Desk on or before the date specified on the borrowing slip relating to the item.

(2) Where a person borrows an item from a Library collection for other than a 2-hour, overnight or 2-day loan and no date is specified on the borrowing slip relating to the item, the person shall return the item to a Loans Desk within 28 days in the case of books and 7 days in the case of periodicals from the day on which the item was borrowed.

(2A) Despite subclauses (1) and (2), where a person borrows an item from a Library collection for other than a 2-hour, overnight or 2-day loan, the Librarian may, either orally or by notice in writing sent to the person, require the person to return the item to a Loans Desk on or before a specified date, being a date earlier than the date mentioned in subclause (1) or (2).

(2B) A person who, without reasonable excuse, fails to comply with subclause (1), (2) or (2A) shall, subject to this clause, be liable to pay to the University a fine of $2 for each day that the failure continues.

(3) Where, on or after the commencement of this Order, a person borrows an item from a Library collection for a 2-hour or overnight loan, the person shall return the item to a Loans desk on or before the date and time specified on the borrowing slip relating to the item.

(4) A person who, without reasonable excuse, fails to return an item referred to in sub-clause (3) on or before the date and time specified on the borrowing slip relating to the item, shall, subject to this clause, be liable to pay to the University a fine of $1 for each hour, or part of an hour, that the person fails to return the item after the expiration of the time specified in that borrowing slip.

(4A) Where a person borrows an item from a collection for a 2-day loan, the person shall return the item to a Loans Desk on or before the date specified on the borrowing slip relating to the item.

(4B) A person who, without reasonable excuse, fails to comply with subclause (4A) shall, subject to this clause, be liable to pay to the University a fine of $2 for each day that the failure continues.

(4C) Subclauses (2B), (4) and (4B) do not apply in respect of automated borrowings.

(5) A person shall not be liable to pay a fine under this clause exceeding $30 in respect of any one item.

Demerit points system for automated borrowings

3A (1) A person who fails to comply with subclause 3 (1),(2), (2A), (3) or (4A) in respect of an automated borrowing is liable to incur demerit points in respect of the non-compliance.

(2) The Librarian may, in writing, determine the method of calculating the number of demerit points a person is liable to incur in respect of such a non-compliance, and may determine different methods of calculation in respect of different kinds of non-compliance.

(3) If, during a year, a person incurs more than the number of demerit points determined, in writing, by the Librarian, the Librarian may cause a written notice to be given to the person;

 (a) specifying the number of demerit points incurred; and

 (b) requiring the person to pay to the University a fine of an amount calculated in accordance with subclause (4); and

 (c) describing the effect of subclause 4 (2).

(4) The amount of the fine is:

 (a) if the number of demerit points is greater than 10,000 - $100; or

 (b) in any other case - an amount equivalent to one cent for each demerit point.

(5) The person is liable to pay to the University the fine specified in the notice.

(6) If a person is given a notice under subclause (3), the demerit points in respect of which the notice is issued are to be disregarded for the purposes of the issuing of subsequent notices under that subclause.

Failure to pay fine

4 (1) A person who is liable under clause 3 to pay to the University a fine and who refuses or fails to pay the fine before the expiration of 1 month after the day on which the person became liable to pay the fine, shall not be entitled to borrow any item from any collection of the Library until the fine has been paid.

(2) A person who is liable under clause 3A to pay to the University a fine is not entitled to borrow any item from any collection of the Library until the fine has been paid and period of 7 days has elapsed after the payment of the fine.

Loss or destruction of borrowed items

5 (1) Where, on or after the commencement of this Order, an item that is borrowed from a library collection is lost or destroyed, the person who borrowed the item:

 (a) shall notify the Librarian in writing of the loss or destruction of the item as soon as practicable; and

 (b) shall be liable, unless the Librarian otherwise directs, to pay to the University such amount as is necessary to pay the costs (including any reasonable administrative costs) to the Library of replacing the item.

(2) Where a person:

 (a) borrows an item from a Library collection; and

 (b) fails to return the item, or to notify the Librarian in writing of the loss or destruction of the item, before the end of 2 weeks after the day on which the person breached clause 3 in relation to return of the item;

the item is to be taken to have been lost and the person is, unless the Librarian otherwise directs, liable to pay to the University such amount as is necessary to pay the costs (including any reasonable administrative costs) to the Library of replacing the item.

 (3) Where a person is liable to pay an amount to the University under this clause, the Librarian shall cause a notice in writing to be given to the person specifying the amount to be paid by the person and the person shall pay to the University the amount so specified within 1 month of the date of the notice.

 (4) A person who, without reasonable excuse, refuses or fails to comply with sub-clause (3) shall not be entitled to use the Library or any facilities of the Library until the amount that person is liable to pay to the University under this clause has been paid.

Damage of items

6 (1) A person who, on or after the commencement of this Order, knowingly damages any item in a Library collection or any article, other than an item, in the Library, shall pay to the University a fine of $5, together with such amount as is necessary to repair the damage or, in a case where the damage is irreparable, such amount as is necessary to pay the costs (including any reasonable administrative costs) to the Library of replacing the item or article.

(2) Where a person becomes liable to pay to the University a fine or other amount under this clause, the Librarian shall cause a notice in writing to be given to the person specifying the total amount payable by the person and the person shall pay to the University the amount so specified within 1 month of the date of the notice.

(3) A person who, without reasonable excuse refuses or fails to comply with sub-clause (2) shall not be entitled to use the Library or any facilities of the Library until the amount that the person is liable to pay to the University has been paid.

Conduct of users of Library

7 (1) A person who uses the Library shall at any time if so required by the Librarian or a member of the staff of the Library, produce proof of identity.

(2) A person who uses the Library shall permit the Librarian, or a member of the staff of the Library, if so required by the Librarian or that member of the staff, to inspect at any time any bag, folder, container or article in the possession of the person.

(3) A person who uses the Library shall not, while using the Library, make any unnecessary noise or otherwise behave in a manner that unreasonably disturbs, or is likely to unreasonably disturb, other persons using the Library.

(4) The Librarian, or a member of the staff of the Library, may require a person to leave the Library if the person refuses or fails to comply with a requirement of this clause.

Application of sub-rule 5 (2)

8 An offence against clause 3, 3A, 5, 6 or 7 is an offence to which sub-rule 5 (2) of the Library Rules applies.

Overview

The Australian National University Library Order 2005 was enacted to provide detailed rules and regulations for the governance and management of the Australian National University Library. This legislative instrument was made by the Council of the Australian National University under the Library Statute and commenced on 31 December 2004. The primary objective of this Order is to ensure the efficient and orderly operation of the Library by setting out procedures for borrowing, returning, and the consequences of damaging or losing borrowed items, as well as rules for the conduct of library users. It provides a structured approach to managing the Library's resources and maintaining a conducive environment for all users, thereby supporting the academic and research activities of the institution.

Scope and Application

The Library Order 2005 applies to individuals who borrow items from the collections of the Australian National University Library, as well as any entity or person who uses the library's services. This Order governs the conduct of library users, the return of borrowed items, and the penalties associated with non-compliance, such as fines for late returns or damage to library materials. It also outlines the procedures for calculating fines and demerit points for automated borrowings. The scope of the Order is limited to the Australian National University Library and its operations, and it does not extend beyond the institution or its premises. The Order does not explicitly state any exclusions or exemptions, but penalties are capped to prevent excessive fines. The application of this Order may be extended or clarified through subordinate instruments, such as additional rules or regulations issued by the Librarian.

Key Provisions

The Library Order 2005 governs the use of the Australian National University (ANU) Library and the responsibilities of users borrowing items from the library collections. The Order specifies the requirements for the return of borrowed items, the consequences for failure to return or damage items, and the conduct expected from library users. The Order applies to all individuals who borrow items from the ANU Library, regardless of their affiliation with the university. The Order imposes specific obligations on borrowers, including the timely return of items, notification of lost or destroyed items, and payment of fines for late returns, lost items, and damaged items. Borrowers are required to return items by the specified due date or face fines of $2 per day for non-compliance. For 2-hour and overnight loans, the fine is $1 per hour, while for 2-day loans, it is $2 per day. The maximum fine for any single item is capped at $30. Additionally, the Order introduces a demerit point system for automated borrowings, where failure to comply with the borrowing terms incurs demerit points and potential fines. Users must also provide proof of identity and comply with library staff requests for inspections and maintaining quiet and orderly conduct. Failure to meet these obligations can lead to civil consequences. Borrowers who do not return items or pay fines within the specified timeframes lose their borrowing privileges until the fines are paid. In cases of lost or damaged items, borrowers are liable for the replacement costs. Additionally, the Order permits the Librarian to require borrowers to leave the library if they fail to comply with its rules, further enforcing the obligations placed upon borrowers. The Order also includes provisions for offences and penalties. An offence under the Order can lead to the application of sub-rule 5(2) of the Library Rules, though the specific consequences of this rule are not detailed in the Order itself. Users who knowingly damage library items are subject to a $5 fine plus the cost of repair or replacement. Non-payment of fines or costs can result in the denial of library use until the amounts are settled. The Order does not explicitly state criminal penalties but emphasizes the importance of adhering to its terms to avoid civil liabilities and restrictions on library access.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.