Library Rules 2005

Administered by Department of Education, Science and Training

Legislation au F2005B00643 Rules Not in force Legislative Instrument

Legislation content

THE AUSTRALIAN NATIONAL UNIVERSITY

 

 

LIBRARY RULES 2005

 

The Council of the Australian National University makes these Rules under section 2 of the Library Statute.

 

Dated: 10 December 2004.

 

 

 

 

Peter Baume AO

Chancellor

__________________________________________________________

1 Citation and commencement

1.(1) These Rules are the Library Rules 2005.

1.(2) These Rules commence on 31 December 2004, immediately after the commencement of the Rules (Repeal) Rules 2004.

Interpretation

2. In these Rules, unless the contrary intention appears

committee means the Library Appeals Committee established by rule 7;

order means an order made under section 3 of the Statute;

Statute means the Library Statute.

Tabling and disallowance of orders

3.(1) The Librarian shall, not later than 5 days after the making of an order, transmit a copy of the order to the Vice-Chancellor, who shall cause it to be laid before the next meeting of the Council after the day on which it is received by the Vice-Chancellor.

 (2) The Council may, not later than 3 months after the making of an order, by resolution, disallow the order, in whole or in part.

 (3) In this rule, Council includes the Executive Committee of Council.

Publication of Statute, Rules and orders

4. The Librarian shall cause copies of the Statute, of these Rules and of any orders, as in force for the time being, to be readily available in the premises of the Library to users of the Library and shall take all reasonable steps to ensure that those orders are brought to the attention of all users of the Library.

Penalties for breaches of orders

5.(1) Subject to these Rules, a breach of an order is punishable in such manner as is specified in that order and not otherwise.

 (2) Nothing in sub-rule (1) shall be taken to exclude the operation of the Discipline Rules in relation to a breach of an order in relation to which no penalty is specified in that order.

Imposition of penalties

6.(1) Subject to sub-rule (2), a penalty provided for by order shall not be imposed on a person unless:

 (a) the person has been given notice, in writing, of-

 (i) the breach that is alleged to have been committed by the person; and

 (ii) the penalty that is proposed to be imposed in respect of the alleged breach;

 (b) the notice referred to in paragraph (a) was accompanied by a copy of this rule;

 (c) a period of not less than 14 days has elapsed since the giving of the notice referred to in paragraph (a); and

 (d) any representations, in writing, made by the person, during the period referred to in paragraph (c), with respect to the alleged offence or the proposed penalty, or both of them, to the Librarian have been taken into account.

(2) Sub-rule (1) does not apply in relation to an offence declared by order to be an offence to which this sub-rule applies.

 (3)The Librarian may, in relation to an offence to which sub-rule (2) applies:

 (a) waive a fine payable in respect of the offence; or

 (b) extend the time for the payment of such a fine.

Library Appeals Committee

7.(1) There shall be a Library Appeals Committee.

 (2) Subject to sub-rule (3), the committee shall consist of:

 (a) the Chair of the Library Committee, who shall be Chair of the committee;

 (b) the Dean of Students;

 (c) the President of The Australian National University Students' Association or a person for the time being appointed for the purposes of this paragraph by the person who is, for the time being, the holder of that office; and

 (d) 2 other members appointed by the Library Committee, at least one of whom shall be a full-time member of the academic staff of the University.

(3) A person is not eligible to be a member of the committee if that person is-

 (a) a member of the staff (including the part-time and casual staff) of the Library; or

 (b) a student member of the Library Committee.

(4) An appointment of the kind referred to in paragraph (2)(c) shall be in writing signed by the person making the appointment and delivered to the Chair of the committee and is revocable in like manner.

 (5) Subject to sub-rule (6), each of the members of the committee referred to in paragraph (2)(d) shall hold office at the pleasure of the Library Committee.

 (6) A member of the committee referred to in paragraph (2)(d) may resign membership of the committee by notice in writing signed by the member and delivered to the Chair of the Library Committee.

 (7) A quorum at a meeting of the committee is the Chair and 3 other members.

Appeals to Appeals Committee

8.(1) Where the Librarian has found that a person has committed a breach of an order, the person may appeal to the committee against that finding and, if a penalty was imposed in respect of that breach, the penalty.

 (2) Subject to this rule, the procedure at a hearing by the committee shall be determined by the members of the committee present at the hearing.

 (3) The committee is not bound to act in a formal manner but, subject to this rule, may inform itself on any matter in such manner as it thinks just.

 (4) The committee shall disregard any statements that appear to it to have been obtained unfairly or to which, in the opinion of the committee, it would be unjust to have regard.

 (5) At a hearing by the committee, the appellant may appear in person and may advance, or have advanced on his or her behalf, evidence and representations in support of his or her case.

 (6) After receiving the evidence and representations advanced by the appellant and any other evidence, the committee may confirm, cancel or vary either or both of:

(a) the finding of the Librarian; and

(b) the penalty (if any) imposed by the Librarian.

 

(7) Where the committee is divided in opinion as to the decision to be given on any question, the question shall be decided:

 

 (a) if the members of the committee present and participating in the giving of the decision are not equally divided in opinion-according to the opinion of the majority; and

 (b) if those members are equally divided in opinion-in favour of the appellant.

 (8) The decision of the committee is final.

Overview

The Library Rules 2005 were enacted to provide a framework for the governance and management of the Australian National University (ANU) Library. These rules were made under section 2 of the Library Statute and came into effect on 31 December 2004. They were developed by the Council of the ANU to ensure the orderly and efficient administration of the Library, addressing the need for a formalised system to manage library resources, orders, and penalties for breaches. The rules include provisions for the tabling and disallowance of orders made by the Librarian, the publication of the Statute, rules, and orders, penalties for breaches, the imposition of penalties, and the establishment of a Library Appeals Committee to handle appeals against the Librarian's decisions. This legislative instrument aims to maintain the integrity and functionality of the ANU Library by providing clear guidelines and processes for its operation.

Scope and Application

The Library Rules 2005 apply to the administration and operation of the Australian National University (ANU) Library, encompassing the procedures for the imposition, appeal, and enforcement of orders and penalties related to the library's operations. These rules are applicable to the Librarian, who is responsible for making orders under the Library Statute, as well as to all users of the ANU Library, including students and staff of the university. The rules mandate the tabling of any orders made by the Librarian before the Council of the university, with a provision for the Council to disallow the order in whole or in part. The Librarian is also required to ensure the Statute, Rules, and any orders are readily available to library users and take steps to bring these to the attention of all users. Penalties for breaches of library orders are specified within the orders themselves, with certain procedural safeguards in place for imposing penalties, including notice to the alleged offender and the opportunity to make representations. There is also a provision for a Library Appeals Committee to hear appeals against findings of breaches and penalties imposed, with the committee's decision being final. The geographic and jurisdictional reach of these rules is limited to the ANU Library and its users, as per the provisions of the Library Statute under which these rules are made. The rules do not specify any exclusions or exemptions, and it is through the orders made under the rules that specific conduct or transactions may be subject to penalties. The rules do not extend or restrict their application through subordinate instruments but provide a framework for the imposition and review of library-related orders and penalties within the ANU.

Key Provisions

The Australian National University Library Rules 2005, as detailed in section 1, establish the framework for the governance of the University's library. These rules came into effect on 31 December 2004, immediately following the commencement of the Rules (Repeal) Rules 2004. The interpretation section (section 2) clarifies terms such as 'committee', 'order', and 'Statute', ensuring that the rules are applied consistently. Section 3 outlines the process for tabling and disallowance of orders, mandating that the Librarian must transmit a copy of any new order to the Vice-Chancellor within five days. The Vice-Chancellor then lays the order before the Council, which has up to three months to disallow the order in whole or in part. Section 4 requires the Librarian to make the Statute, these rules, and any orders readily available to library users and to ensure they are effectively communicated to all users. The rules impose several obligations on the parties they govern. Section 5 stipulates that breaches of orders are punishable according to the specified manner in the order, with the Discipline Rules applying if no penalty is specified. Section 6 sets out the process for imposing penalties, requiring the Librarian to give written notice of the alleged breach and proposed penalty to the person involved, with a minimum of 14 days for response. The Librarian must consider any written representations made by the person before imposing a penalty, except for certain offences declared by order. Section 7 establishes a Library Appeals Committee, outlining its composition and the eligibility criteria for members. This committee is responsible for hearing appeals against findings of breaches and penalties imposed by the Librarian. Section 5 also sets forth the consequences for breaches of orders. Penalties for breaches are specified in the orders themselves and may include fines or other sanctions. The imposition of penalties, as described in section 6, requires due process, including notice to the person involved and the opportunity to make representations. Section 7 provides for appeals to the Library Appeals Committee, which has the authority to confirm, cancel, or vary the Librarian's findings and penalties. The decision of the committee is final and binding, ensuring that any disputes are resolved through a structured and fair process.

Legal classification tags

Area of Law
Administrative Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Delegated & Subordinate Legislation
Offence Provisions
Penalties for breaches of orders
Imposition of penalties
Appeals to Appeals Committee

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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.