{"id":"nsw:sl-2026-0439","name":"Library Regulation 2026","slug":"library-regulation-2026","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"439 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":575958,"registerId":"nsw-nsw:sl-2026-0439-current","compilationNumber":null,"startDate":"2026-08-29","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 2026](/view/html/inforce/current/sl-2026-0439).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on 1 September 2026.\n> \n> Note—\n> \n> This regulation replaces the [Library Regulation 2018](/view/html/repealed/current/sl-2018-0472), which is repealed on 1 September 2026 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\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.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Local libraries","content":"# Part 2 Local libraries\n\nPart 2 Local libraries","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Subsidies—the Act, s 13","content":"#### 4 Subsidies—the Act, s 13\n\n4 Subsidies—the Act, s 13\n\n> > (1) For the Act, section 13(4)(b), the prescribed amount is $2.85 for each financial year.\n> \n> > (2) For the Act, section 13(6), the number of persons resident within the area is the number specified in the most recent table of population data for local government areas published by the Australian Bureau of Statistics before the financial year for which the subsidy is claimed.\n> \n> > (3) In this section—\n> > \n> > financial year means a period of 12 months commencing on 1 July.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Registration of members of local libraries—the Act, s 15","content":"#### 5 Registration of members of local libraries—the Act, s 15\n\n5 Registration of members of local libraries—the Act, s 15\n\n> > (1) A local authority must determine the procedure and conditions of registration of members of a local library provided, controlled or managed by the local authority.\n> \n> > (2) A local authority may refuse to register a person as a member, or cancel a member’s registration, if—\n> > \n> > > (a) the person is not a resident of—\n> > > \n> > > > (i) the local government area in which the local library is located, or\n> > > \n> > > > (ii) a local government area the subject of an arrangement referred to in the Act, section 10(3) to which the local authority is a party, or\n> > \n> > > (b) the person has contravened the rules for the local library, or\n> > \n> > > (c) in the local authority’s opinion, the person is not a fit and proper person to be registered as a member of the local library.\n> \n> > (3) A person who is not a member of a local library must not borrow library material from the library.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Maximum fee for late return of library material—the Act, ss 10 and 15","content":"#### 6 Maximum fee for late return of library material—the Act, ss 10 and 15\n\n6 Maximum fee for late return of library material—the Act, ss 10 and 15\n\n> For the Act, sections 10(4), definition of charge and 15(2)(h), $50, for each item of library material, is the prescribed amount.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Maximum charge for lost or damaged library material—the Act, s 15","content":"#### 7 Maximum charge for lost or damaged library material—the Act, s 15\n\n7 Maximum charge for lost or damaged library material—the Act, s 15\n\n> > (1) For the Act, section 15(2)(f) and (h), the maximum amount a local authority may charge a person as compensation for the loss of or damage to library material accessed or borrowed by the person is an amount equal to—\n> > \n> > > (a) if the library material can be acquired only as part of a series, including a series of books or discs—the value of the series, or\n> > \n> > > (b) otherwise—the value of the material.\n> \n> > (2) The value of the series or library material is the value determined by the local authority, but not exceeding the sum of—\n> > \n> > > (a) the original or replacement purchase price, whichever is greater, and\n> > \n> > > (b) the cost of making the series or material available to access in the local library.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Directions to leave—the Act, s 15(2)(g)","content":"#### 8 Directions to leave—the Act, s 15(2)(g)\n\n8 Directions to leave—the Act, s 15(2)(g)\n\n> > (1) A library staff member may direct a person to leave the library and not re-enter the library for a period specified by the staff member if the staff member reasonably believes—\n> > \n> > > (a) the person has contravened the rules of the library, or\n> > \n> > > (b) the person’s conduct is likely to—\n> > > \n> > > > (i) offend a person in the library, or\n> > > \n> > > > (ii) interfere with another person’s use of the library.\n> \n> > (2) The period specified by the staff member must not exceed the maximum period determined by the governing body of the library.\n> \n> > (3) A person given a direction under this section must comply with the direction.\n> > \n> > Maximum penalty—2 penalty units.\n> \n> > (4) In this section—\n> > \n> > library staff member means—\n> > \n> > > (a) for the State Library—a member of staff of the Council, or\n> > \n> > > (b) for a local library—a member of staff of the library.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Transitional—existing library rules","content":"#### 9 Transitional—existing library rules\n\n9 Transitional—existing library rules\n\n> > (1) For section 8(1)(a), a reference to the rules of the library extends to the rules of the library, as in force on the commencement of this regulation, that—\n> > \n> > > (a) relate to the use of the library and the library services and information services the library provides, controls or manages, including matters specified in the Act, section 15(2)(e)–(g), (j), (l) and (n), and\n> > \n> > > (b) are published on the governing body of a library’s website, and\n> > \n> > > (c) are not inconsistent with the Act or this regulation.\n> \n> > (2) This section is repealed on 1 September 2027.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Savings","content":"#### 10 Savings\n\n10 Savings\n\n> An act, matter or thing that, immediately before the repeal of the [Library Regulation 2018](/view/html/repealed/current/sl-2018-0472), had effect under that regulation continues to have effect under this regulation.","sortOrder":12}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The document contains only status and metadata (certification, commencement status and a scheduled automatic repeal). It does not include substantive regulatory provisions, so there is no evidence here that the legislation’s subject‑matter scope has been expanded beyond its original purpose. The scheduled repeal shortens the instrument’s lifespan (repeal on 1 September 2031) but does not by itself show a change in substantive scope."},"complexity_factors":["No operative provisions are included in the uploaded text (the page is metadata/status only).","Multiple repeated headers and navigation text increase noise but not legal complexity.","Cross-references to two Acts only: Interpretation Act 1987 (s 45C) and Subordinate Legislation Act 1989 (automatic repeal on 1/9/2031).","Absence of commencement dates for any provisions beyond the general statement that none have commenced.","Simple administrative mechanics (certification and staged repeal) rather than layered substantive rules or exceptions."],"plain_english_summary":"**What this instrument is:** The uploaded page is the Library Regulation 2026 as presented on the NSW legislation site. The version shown is dated 21 August 2026 but “None of the provisions displayed in this version of the legislation have commenced.”\n\n**Key status points:** It is certified under section 45C of the Interpretation Act 1987 and is scheduled for automatic repeal under the Subordinate Legislation Act 1989 on 1 September 2031. This is general legal information, not legal advice—get a qualified Australian lawyer to check before you rely on it."}},"importantCases":[],"_links":{"self":"/api/acts/library-regulation-2026","history":"/api/acts/library-regulation-2026/history","analysis":"/api/acts/library-regulation-2026/analysis","conflicts":"/api/acts/library-regulation-2026/conflicts","importantCases":"/api/acts/library-regulation-2026/important-cases","documents":"/api/acts/library-regulation-2026/documents"}}