{"id":"nsw:sl-2018-0472","name":"Library Regulation 2018","slug":"library-regulation-2018","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"472 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176648,"registerId":"nsw-nsw:sl-2018-0472-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Library Regulation 2018](/view/html/inforce/current/sl-2018-0472).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation repeals and replaces the [Library Regulation 2010](/view/html/repealed/current/sl-2010-0445), which would otherwise be repealed on 1 September 2018 by section 10 (2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation:\n> > \n> > governing body of a library means:\n> > \n> > > (a) in the case of the State Library—the Council, or\n> > \n> > > (b) in the case of a local library—the relevant local authority.\n> > \n> > library means:\n> > \n> > > (a) the State Library or, depending on the context, the premises of the State Library, or\n> > \n> > > (b) a local library that is provided, controlled or managed by a local authority by which the Act is for the time being adopted or, depending on the context, the premises of any such library.\n> > \n> > library staff member means:\n> > \n> > > (a) in the case of the State Library—a person employed in the Public Service to enable the State Library to exercise its functions, or\n> > \n> > > (b) in the case of a local library—any member of staff of the library.\n> > \n> > local authority, in relation to a library or library service, means the council of the local government area in which the library is situated or in which the library service is conducted.\n> > \n> > premises of the State Library includes any premises used by the Council from time to time as part of, or in connection with, the State Library.\n> > \n> > the Act means the [Library Act 1939](/view/html/inforce/current/act-1939-040).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Management of libraries","content":"# Part 2 Management of libraries\n\nPart 2 Management of libraries","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"The State Library","content":"## Division 1 The State Library\n\nDivision 1 The State Library","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"State Library rules","content":"#### 4 State Library rules\n\n4 State Library rules\n\n> > (1) The Council may make rules to regulate the use of any facilities, services or collections of the State Library.\n> \n> > (2) The rules for the State Library may make provision with respect to the following matters:\n> > \n> > > (a) access to the State Library’s facilities, services or collections,\n> > \n> > > (b) the conditions of use of the facilities, services or collections of the State Library,\n> > \n> > > (c) requiring persons to make undertakings in relation to the use of the facilities, services or collections of the State Library,\n> > \n> > > (d) any other matters relating to the use of the State Library.\n> \n> > (3) The Council may require any person wishing to make use of the facilities, services or collections of the State Library to obtain the Council’s consent to that use.","sortOrder":6},{"sectionNumber":"Division 2","sectionType":"division","heading":"Local libraries","content":"## Division 2 Local libraries\n\nDivision 2 Local libraries","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Registration of borrowers","content":"#### 5 Registration of borrowers\n\n5 Registration of borrowers\n\n> > (1) Only a person who is registered as a borrower at a local library may take library material away from that library.\n> \n> > (2) The procedure for registration, including the term of registration, is to be determined by the local authority.\n> \n> > (3) The local authority may refuse to register a person as a borrower at a library or may cancel a person’s registration as a borrower:\n> > \n> > > (a) if the person is not a resident of the local government area of the local authority or of a local government area in relation to which the local authority has entered into an arrangement referred to in section 10 (3) of the Act, or\n> > \n> > > (b) if the person has failed to comply with the library rules for the library, or\n> > \n> > > (c) if, in the opinion of the local authority, the person is not a fit and proper person to be registered.","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Local library rules","content":"#### 6 Local library rules\n\n6 Local library rules\n\n> > (1) A local authority may make rules to regulate the use of its local libraries.\n> \n> > (2) The rules for a local library may make provision with respect to the following matters:\n> > \n> > > (a) the borrowing and returning of library material,\n> > \n> > > (b) the charges to be imposed for library material that is returned late and for library material that is lost, damaged or destroyed,\n> > \n> > > (c) any other matters relating to the use of the library.\n> \n> > (3) It is a condition of a person’s registration as a borrower at a local library that the person must comply with the library rules in force for the library.","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Calculating the value of library material","content":"#### 7 Calculating the value of library material\n\n7 Calculating the value of library material\n\n> > (1) The maximum charge that may be imposed by the rules for a local library for library material that is lost, damaged or destroyed is the full value of the library material or, if the library material is obtainable only as part of a series (for example, a series of books or discs), the full value of the series.\n> \n> > (2) The full value of the library material or series is the value determined by the local authority, being a value not exceeding the sum of the following amounts:\n> > \n> > > (a) the original purchase price or the replacement purchase price, whichever is the greater,\n> > \n> > > (b) the cost of processing the library material or series for use in the local library.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Fee for the late return of library material","content":"#### 8 Fee for the late return of library material\n\n8 Fee for the late return of library material\n\n> For the purposes of the definition of charge in section 10 (4) of the Act, the prescribed fee for the late return of library material is the fee determined by the local authority for the library, being a fee that (whether calculated on a daily, weekly or other basis) does not exceed $50 per item of library material.","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Use of libraries and library material","content":"# Part 3 Use of libraries and library material\n\nPart 3 Use of libraries and library material","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Certain things must not be taken into a reading room","content":"#### 9 Certain things must not be taken into a reading room\n\n9 Certain things must not be taken into a reading room\n\n> A person entering a library with any umbrella, bag, case or package, or any photographic or other equipment, must not take it beyond any vestibule of the library except with the consent of the governing body for the library.\n> \n> Maximum penalty: 2 penalty units.","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Reproduction of library material","content":"#### 10 Reproduction of library material\n\n10 Reproduction of library material\n\n> > (1) The governing body of a library may give notice to users of the library that certain library material of the library is unsuitable for reproduction.\n> \n> > (2) A person must not photograph, photocopy, trace or otherwise reproduce (whether by electronic or digital reproduction) any such library material.\n> > \n> > Maximum penalty: 2 penalty units.\n> > \n> > Note.\n> > \n> > See the [Copyright Act 1968](http://www.legislation.gov.au/) of the Commonwealth for other restrictions on making copies of works (as defined in that Act).","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Damaging library material or equipment","content":"#### 11 Damaging library material or equipment\n\n11 Damaging library material or equipment\n\n> > (1) A person must not damage, deface or improperly interfere with any library material of a library or any equipment provided by a library for the purposes of accessing library material.\n> > \n> > Maximum penalty: 2 penalty units.\n> \n> > (2) For the avoidance of doubt, turning down the page of a book or otherwise causing any printed matter or the like to become creased is damaging library material.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Deliberate misplacing or hiding of library material","content":"#### 12 Deliberate misplacing or hiding of library material\n\n12 Deliberate misplacing or hiding of library material\n\n> A person must not wilfully misplace or hide any library material, or any record of the library material, of any library.\n> \n> Maximum penalty: 2 penalty units.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Noise","content":"#### 13 Noise\n\n13 Noise\n\n> A person must not, by speech or otherwise, make any more noise in a library than is reasonably necessary for the use of the library.\n> \n> Maximum penalty: 2 penalty units.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Proper use of a library","content":"#### 14 Proper use of a library\n\n14 Proper use of a library\n\n> A person must not, without the consent of the governing body for the library, use a library for a purpose other than reading, consulting or borrowing the library material of the library or for any other library service or information service.\n> \n> Maximum penalty: 2 penalty units.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Eating and drinking prohibited","content":"#### 15 Eating and drinking prohibited\n\n15 Eating and drinking prohibited\n\n> A person must not eat or drink in a library otherwise than on those parts of the premises set aside for that purpose by the governing body for the library.\n> \n> Maximum penalty: 2 penalty units.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Animals prohibited","content":"#### 16 Animals prohibited\n\n16 Animals prohibited\n\n> > (1) A person must not take an animal into a library or leave an animal in the library unless the person has the consent of the governing body for the library.\n> > \n> > Maximum penalty: 2 penalty units.\n> \n> > (2) This clause does not prohibit a person with a disability from taking an assistance animal into a library.\n> \n> > (3) In this clause:\n> > \n> > assistance animal means an animal referred to in section 9 of the [Disability Discrimination Act 1992](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > disability has the same meaning as in the [Disability Discrimination Act 1992](http://www.legislation.gov.au/) of the Commonwealth.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Library users may be directed to leave","content":"#### 17 Library users may be directed to leave\n\n17 Library users may be directed to leave\n\n> > (1) A library staff member may direct a person to leave the library and not re-enter the library for such period as the staff member directs, if the staff member is of the opinion that:\n> > \n> > > (a) the person has contravened any provision of this Part, or\n> > \n> > > (b) the person’s condition, conduct, dress or manner is likely to give offence to any person in the library or to interfere with any other person’s use of the library.\n> \n> > (2) A person to whom such a direction is given must comply with the direction.\n> > \n> > Maximum penalty: 2 penalty units.\n> \n> > (3) The period for which a person may be excluded from a library by such a direction must not exceed the maximum period determined by the governing body of the library.","sortOrder":21},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Amount of subsidy","content":"#### 18 Amount of subsidy\n\n18 Amount of subsidy\n\n> > (1) For the purposes of section 13 (4) (b) of the Act, the amount of subsidy is as follows:\n> > \n> > > (a) $2.45 for the financial year 2019–20,\n> > \n> > > (b) $2.55 for the financial year 2020–21,\n> > \n> > > (c) $2.65 for the financial year 2021–22,\n> > \n> > > (d) $2.85 for each subsequent financial year.\n> \n> > (2) In this clause:\n> > \n> > financial year means a period of 12 months commencing on 1 July.\n> \n> **cl 18:** Subst 2019 (286), cl 3.","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Determination of local population for subsidy purposes","content":"#### 19 Determination of local population for subsidy purposes\n\n19 Determination of local population for subsidy purposes\n\n> For the purposes of section 13 (6) of the Act, the number of persons resident within the area of a local authority is the number of persons given as resident within that area in the table of the populations of local government areas most recently compiled by the Australian Bureau of Statistics before the year for which the subsidy is claimed.","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Repeal and savings","content":"#### 20 Repeal and savings\n\n20 Repeal and savings\n\n> > (1) The [Library Regulation 2010](/view/html/repealed/current/sl-2010-0445) is repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the [Library Regulation 2010](/view/html/repealed/current/sl-2010-0445), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":25}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the regulation's scope changed from its original intent. The document contains only status and administrative metadata, not the operative provisions of the regulation."},"complexity_factors":["No substantive legislative content was provided — only metadata and website navigation, making analysis of actual legal complexity impossible","What little content exists is straightforward administrative information (dates, repeal status, authorship)","The staged repeal mechanism under the Subordinate Legislation Act 1989 adds a minor layer of procedural context but is not inherently complex"],"plain_english_summary":"This regulation is a NSW subordinate instrument made under the Library Act 1939 that sets rules for library operations in NSW. It primarily affects public libraries, library authorities and likely library users, but the provided document contains only administrative metadata (dates, status and expiry) — not the regulation’s substantive rules.\n\nTo know legal duties, fees or procedures you must consult the full text on the NSW legislation website."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This Regulation repeals and replaces the Library Regulation 2010 (cl 2, cl 20). It re‑enacts and updates operational provisions for library management and use and specifies an updated per‑person subsidy schedule for certain financial years (cl 18). Clause 20(2) preserves acts that had effect under the former Regulation, so the instrument updates figures and restates rules while maintaining continuing effect of prior administrative arrangements."},"complexity_factors":["Delegation of rule‑making power to different governing bodies (Council for State Library; local authorities for local libraries) creates multiple sources of localised regulation (cls 4, 6).","Discretions granted to local authorities (refuse/cancel borrower registration; set registration procedure and term; determine replacement value) require case‑by‑case administrative judgment (cl 5, cl 7(2)).","Cross‑references to primary statute (Library Act 1939) and Commonwealth laws (Copyright Act 1968; Disability Discrimination Act 1992) add interpretive links beyond the Regulation (cl 3 definitions; cl 10 note; cl 16(3)).","Mixture of prescriptive prohibitions with modest penalties (typically 2 penalty units) and non‑prescriptive delegations increases practical compliance and enforcement variability (Part 3; cl 17).","Monetary rules are partly prescriptive (late fee cap $50/item) and partly discretionary (local authority sets fee amounts and replacement value components), requiring accounting and policy choices (cl 8, cl 7).","Subsidy schedule is time‑dependent and relies on external ABS population tables for amounts claimed, tying administration to statistical updates (cl 18, cl 19).","Repeal and savings provisions preserve prior effects while updating the instrument, which requires administrative attention to transitional continuity (cl 2, cl 20)."],"plain_english_summary":"This Regulation sets operational rules for the State Library and local libraries in New South Wales: who may borrow, permitted conduct, penalties for damage or misuse, limits on late‑return fees (max $50/item), valuation rules for lost items, and staff powers to exclude users. It also fixes per‑person subsidy rates for specified financial years. It affects library governing bodies, local authorities, library staff and borrowers by allocating decision‑making, compliance duties and modest fee/subsidy settings."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation maintains its original narrow scope as a machinery provision supporting the Library Act 1939. It covers library management rules, user conduct, and subsidy calculations—consistent with the 2010 Regulation it replaced. No significant scope creep is evident."},"complexity_factors":["Short, single-purpose instrument (20 clauses across 4 Parts)","Minimal cross-referencing—primarily references the parent Library Act 1939 and standard interpretation legislation","Straightforward conditional logic with clear exceptions (e.g., assistance animals exemption in clause 16)","Only 8 defined terms in the interpretation section, most with plain English meanings","No nested exceptions or heavily conditional operative provisions","Penalty provisions are uniform (2 penalty units throughout)","One simple amendment note (clause 18 substitution) indicating limited legislative history complexity"],"plain_english_summary":"This Regulation sets out the rules for how public libraries operate in New South Wales, covering both the State Library in Sydney and local council libraries across the state.\n\n**What it does:**\n- **For the State Library**: Allows the Library Council to make rules about who can access collections and facilities, and under what conditions.\n- **For local libraries**: Lets councils set rules for borrowing books and other materials, including:\n  - Who can register as a borrower (generally local residents)\n  - Late fees (capped at $50 per item)\n  - Charges for lost or damaged items (based on replacement cost plus processing fees)\n- **Behaviour rules for all libraries**: Prohibits damaging books, making excessive noise, eating and drinking (except in designated areas), bringing animals (except assistance animals for people with disabilities), and using libraries for non-library purposes without permission. It also bans bags, umbrellas and cameras from reading rooms without consent.\n- **Enforcement**: Library staff can ask troublemakers to leave, and rule-breakers face fines of up to 2 penalty units (a standard fine amount set by law).\n- **Funding**: Sets the amount of state government subsidy paid to local councils for running libraries—starting at $2.45 per local resident in 2019–20 and rising to $2.85 from 2022–23 onwards.\n\n**Who it affects:** Anyone using NSW public libraries, library staff, and local councils that run library services.\n\n**Why it matters:** It provides the legal framework that keeps libraries functioning smoothly—protecting collections, ensuring fair access, and establishing the funding model that helps councils keep their libraries open."}},"importantCases":[],"_links":{"self":"/api/acts/library-regulation-2018","history":"/api/acts/library-regulation-2018/history","analysis":"/api/acts/library-regulation-2018/analysis","conflicts":"/api/acts/library-regulation-2018/conflicts","importantCases":"/api/acts/library-regulation-2018/important-cases","documents":"/api/acts/library-regulation-2018/documents"}}