Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) at a time, the person is:
(i) ultimately responsible for administering a library or archives; or
(ii) the officer in charge of a library or archives; and
(b) that time is:
(i) after an authorized officer of a library or archives reproduced or copied all or part of a work or other subject‑matter under section 49, 50, 51A or 110B; and
(ii) after a written declaration was made for the purpose of that section in relation to the reproduction or copying; and
(iii) before the end of the period prescribed by the regulations for the keeping of the declaration; and
(c) at that time, the declaration is not kept in the records of the library or archives.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply if:
(a) the person is the officer in charge of a library or archives and proves that:
(i) the reproduction or copying took place before the day the person became the officer in charge; and
(ii) on that day the declaration was not in the possession of the person administering the library or archives; or
(b) the person proves that the person took all reasonable precautions, and exercised due diligence, to ensure the declaration was kept in the records of the library or archives.
Note: The person bears a legal burden in relation to a matter in subsection (2) (see section 13.4 of the Criminal Code ).
(3) Subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
(4) The person cannot be convicted of more than one offence under this section in relation to the one declaration.
Note: Section 203G makes early destruction or disposal of the declaration an offence.
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