Commonwealth Consolidated Regulations

NATIONAL LIBRARY REGULATIONS 1994 - REG 21

(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 ).