Commonwealth Consolidated Regulations

NATIONAL LIBRARY REGULATIONS 1994 - REG 20

(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 ).