Information Infrastructure and Services Order 2020
In ForceCTH
Jurisdiction
Commonwealth
Collection
legislative instrument
Plain English Summary
3/10 complexity
Information Infrastructure and Services Order 2020 prescribes ANU operational rules: it fixes the email for IT security breach reports, sets library loan periods and short-loan exceptions, and establishes precise monetary penalties and replacement/repair charges for late, lost or damaged library items. It applies to anyone who borrows from ANU library collections or must report IT incidents. It matters because it makes borrowers directly pay fines and costs and gives the University Librarian limited discretion to set higher replacement/repair amounts (ss5–11).
This Order prescribes practical operational rules and monetary settings for two subject areas covered by the Australian National University’s Information Infrastructure and Services Rule: (1) system security reporting, and (2) library lending, recall and damage/loss penalties. It is made under the Governance Statute, section 68(1) (General power to make rules and orders) and commences on 1 January 2021 (ss 2-3). The instrument also contains transitional provisions about the application of a prior Order and the repeal of the 2015 Rule and 2016 Order (Part 3, ss 12-14).
Mechanically, the Order does the following (specific provisions cited):
Fixes the contact method for security breach reports, requiring that a report be made by email to it.security@anu.edu.au (s 5(2)). The section expressly declares it is making provision for the Rule, section 10(2) (System security) (s 5(1)).
Prescribes return periods and timing rules for borrowed Library items, tying return obligations to the Library Management System dates and, where no date is entered, applying default loan periods of 28 days for books or audiovisual material and 7 days for periodicals or other items (s 6(2)-(4)). Section 6 explicitly makes provision for the Rule, section 27(1) (Return or recall of borrowed items) (s 6(1)).
Carves out certain short loans from a recall provision of the Rule by declaring that section 27(2) of the Rule does not apply to items borrowed on 2-hour, overnight or 2-day loans (s 7(2)). Section 7 makes provision for Rule, section 27(3) (s 7(1)).
Sets the quantum and accrual method for late-return penalties: for 2-hour or overnight loans, $12 for the first hour (or part hour) and $6 for each subsequent hour or part hour; for other loans, $6 per day or part of a day. It also caps fines for any single item at $220 (s 8(2)-(3)). Section 8 makes provision for the Rule, section 27(5).
Current sections
Direct links to the current provisions in Information Infrastructure and Services Order 2020.
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Information Infrastructure and Services Order 2020
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This is the Information Infrastructure and Services Order 2020.
2 Commencement
This instrument commences on 1 January 2021.
3 Authority
This instrument is made under the Governance Statute, section 68(1) (General power to make rules and orders).
4 Definitions
The following notes provide information about definitions applying to terms used in this instrument.
[Note 1: The Information Infrastructure and Services Rule, section 4 (Definitions) defines terms relevant to this instrument (see Legislation Statute, section 9(2) (Terms used in authorising legislation etc.)), including ‘item’ and ‘Library collection’.]
[Note 2: For definitions applying to University legislation generally, see the dictionary in the Legislation Statute. That dictionary defines terms relevant to this instrument, including ‘contravene’.]
Part 2—Prescribed details
5 Security breach reports etc.
(1) This section makes provision for the Information Infrastructure and Services Rule, section 10(2) (System security).
(1) This section makes provision for the Information Infrastructure and Services Rule, section 27(1) (Return or recall of borrowed items).
(2) If a person borrows an item from a Library collection, the person must return the item to the Library on or before the date specified for the return of the item in the Library Management System and, if a time on that date is specified in the system, at or before that time on that date.
(3) If a person borrows an item from a Library collection and no date is specified for the return of the item in the Library Management System, the person must return the item to the Library within the required period after the day the item was borrowed.
(4) For subsection (3), the required period is 28 days for a book or audiovisual material, and 7 days for a periodical or any other item.
7 Exceptions to recall of borrowed library items
(1) This section makes provision for the Information Infrastructure and Services Rule, section 27(3) (Return or recall of borrowed items).
(2) Section 27(2) of the rule does not apply to the borrowing of an item from a Library collection for a 2-hour, overnight or 2-day loan.
8 Penalties for late return of borrowed library items
(1) This section makes provision for the Information Infrastructure and Services Rule, section 27(5) (Return or recall of borrowed items).
(2) The penalty payable by a person to the University for contravening section 27(1) or (4) of the rule, without reasonable excuse, by not returning an item to the Library as required is:
(a) for an item borrowed on a 2-hour or overnight loan—$12 for the first hour or part of an hour, and $6 for each subsequent hour or part of an hour, during which the contravention continues; and
(b) for any other item—$6 for each day or part of a day during which the contravention continues.
(3) However, if the penalty payable by a person to the University for the contravention in relation to the item would otherwise exceed $220, the penalty is $220.
9 Amount of penalty that prevents borrowing
(1) This section makes provision for the Information Infrastructure and Services Rule, section 27(6) (Return or recall of borrowed items).
(2) The prescribed amount is $25.
10 Penalties for loss or destruction of borrowed library items
(1) This section makes provision for the Information Infrastructure and Services Rule, section 28(1)(b) (Loss or destruction of borrowed items).
(2) The penalty payable by a person to the University for the loss or destruction of an item borrowed from a Library collection is the total of the following components:
(a) a replacement cost component of $110 or, if in the University Librarian’s opinion this amount is insufficient to cover the cost to the Library of replacing the item, the higher amount that the University Librarian considers necessary to cover the cost to the Library of replacing the item;
(b) an administrative cost component of $110.
[Note: All amounts mentioned in this section and section 11 (Penalties for damage to library items etc.) are GST inclusive.]
(3) However, if the item is subsequently returned to the Library, the administrative cost component of the penalty remains payable, but:
(a) if the item has not yet been replaced by the Library—the amount of the penalty payable for the item is reduced by the amount of the replacement cost component of the penalty; or
(b) if the item has already been replaced by the Library—the replacement cost component of the penalty is the amount actually incurred by the Library in replacing the item.
11 Penalties for damage to library items etc.
(1) This section makes provision for the Information Infrastructure and Services Rule, section 29(2) (Damage to library items etc.).
(2) The penalty payable by a person to the University for damage to an item in a Library collection, or anything else in the Library, is the total of the following components:
(a) a repair cost component of $110 or, if in the University Librarian’s opinion this amount is insufficient to cover the cost to the Library of repairing the damage, the higher amount that the University Librarian considers necessary to cover the cost to the Library of repairing the damage;
(b) an administrative cost component of $110.
Part 3—Transitional provisions
12 General application and savings
(1) This instrument (other than this Part) does not apply to an act or omission that happened before the commencement of this instrument.
(2) Despite the repeal of the Information Infrastructure and Services Rule 2015 and the Information Infrastructure and Services Order 2016 by the Australian National University (Repeal) Statute 2020, that order continues to apply to an act or omission that happened before the commencement of this instrument if that order applied to the act or omission immediately before the commencement.
13 Application of Legislation Statute, section 26
(1) The Legislation Statute, section 26 (Repeal of University legislation) applies to the repeal of the Information Infrastructure and Services Order 2016.
(2) For the Legislation Statute, section 26 the provisions of this Part are transitional provisions.
14 Transitional provisions additional
This Part is additional to, and does not limit:
(a) the Governance Statute, Part 10 (Transitional provisions); or
(b) the Legislation Statute, section 26 (Repeal of University legislation) and Part 6 (Transitional provisions); or
(c) the Information Infrastructure and Services Rule, Part 7 (Transitional provisions); or
(d) the Acts Interpretation Act, section 7 (Effect of repeal or amendment of Act), as applied by the Legislation Act, section 13(1)(a) (Construction of legislative instruments and notifiable instruments).
Source text
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
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Prescribes the monetary threshold ($25) at which outstanding penalties prevent further borrowing (s 9). This implements Rule, section 27(6) (s 9(1)).
Sets formulae for loss, destruction and damage penalties. For loss/destruction, the penalty is a replacement-cost component of $110 (or higher if in the University Librarian’s opinion that is necessary) plus an administrative component of $110 (s 10(2)(a)-(b)). If an item is later returned, the administrative component remains payable and adjustment rules apply (s 10(3)). For damage, penalties are a repair-cost component of $110 (or higher at the University Librarian’s opinion) plus an administrative component of $110 (s 11(2)(a)-(b)). Both sections state amounts are GST inclusive (note to s 10).
Provides transitional rules about the non-application of this instrument to pre-commencement acts, and the continued operation of the previous Order for pre-commencement acts where it applied (s 12).
The Order is primarily prescriptive rather than declaratory. It repeats or fixes concrete numeric values, administrative contact points and the exercise of limited discretion by the University Librarian in setting replacement or repair components above the nominal $110 where necessary (ss 10-11). The Order repeatedly cross-refers to the Information Infrastructure and Services Rule for the underlying rule framework it implements (see ss 5(1), 6(1), 7(1), 8(1), 9(1), 10(1), 11(1)).
Main concepts
The instrument relies on two clusters of legal concepts: (A) rule implementation by order and (B) library lending mechanics and penalties. Each concept is defined by how the Order connects to the Rule and the statutes referenced in the explanatory notes.
Rule implementation and authority
The Order is made under the Governance Statute, s 68(1) (s 3). It operates as subordinate instrumentary detail that "makes provision for" specific Rule sections. The Order therefore functions as a prescriptive schedule to the Rule rather than standalone primary legislation (see repeated phrasing "This section makes provision for the Information Infrastructure and Services Rule..." in ss 5-11).
Definitions used in the Order are not redefined here; instead the Order points readers to the Rule s 4 (Definitions) and the dictionary in the Legislation Statute for meanings of terms such as "item", "Library collection" and "contravene" (s 4 and accompanying notes).
Library lending mechanics
Return obligations are linked to the Library Management System. If the system records a date and time, that is determinative of the borrower’s return obligation (s 6(2)). If no date is recorded, statutory default loan periods apply by item type: 28 days for books/audiovisual, 7 days for periodicals/other items (s 6(3)-(4)).
Certain short-term loans are excluded from an identified recall provision of the Rule. The Order declares that Rule s 27(2) does not apply to 2-hour, overnight or 2-day loans (s 7(2)). The effect is that the Rule’s recall mechanism will not operate for those loan classes, as prescribed by this Order.
Monetary penalties and thresholds
Late-return penalties vary by loan class and accrue by hourly or daily units, with a per-item cap of $220 (s 8(2)-(3)).
A specific account threshold ($25) is prescribed as the amount that prevents borrowing if owed (s 9(2)).
Loss and damage penalties are multi-component: a replacement or repair component set at $110 as the floor and an administrative component set at $110, both GST inclusive (s 10(2), s 11(2); note to s 10). The University Librarian has opinion-based discretion to increase the replacement/repair amount where $110 is insufficient (s 10(2)(a), s 11(2)(a)).
If a lost item is returned after a replacement process has begun, the administrative component remains payable and there are rules to reduce or fix the replacement component depending on whether the Library has already replaced the item (s 10(3)).
Transitional and saving rules
The instrument contains express savings and transitional provisions that limit its retrospective application and preserve the operation of the prior Order for pre-commencement acts (s 12).
It expressly integrates the Legislation Statute, s 26, and other statutory transitional frameworks as applying to the repeal of the earlier Order (ss 13-14).
Operational touches
Security breach reporting is specified as a single email destination rather than a multi-channel list. The Order makes provision for Rule s 10(2) by requiring that reports be sent to it.security@anu.edu.au (s 5(2)). The Order does not specify format, timeframes, content or other procedural requirements for those reports beyond the email address.
Taken together, these concepts create a framework of numerical tariffs and administrative rules intended to make the Rule enforceable at the operational level: the Library Management System supplies the operative return dates; quantified penalties and thresholds create clearing lines for borrowing access; and the University Librarian retains limited discretion to exceed base replacement/repair figures where necessary.
Who it affects
Primary impacted parties
Borrowers of items from an ANU Library collection, including students, staff and any external borrowers authorised under University policy, are the direct payers of the monetary penalties and subject to the return obligations in s 6. The Order repeatedly frames penalties as "payable by a person to the University" (see ss 8(2), 10(2), 11(2)), thereby designating borrowers as the revenue source and target of enforcement measures.
The University Librarian is explicitly given decision-making power in two respects. First, the Librarian may determine that the $110 replacement or repair component is insufficient and, on that opinion, prescribe a higher amount necessary to cover actual Library costs (s 10(2)(a), s 11(2)(a)). Second, the Librarian’s actions determine the monetary adjustment if an item is later returned and replacement has occurred (s 10(3)(a)-(b)).
Secondary affected parties and University units
The IT/security unit (or designated receiver of security breach reports) is functionally implicated because the Order prescribes an email address , it.security@anu.edu.au , as the required reporting channel (s 5(2)). This creates an inbound reporting workload and a locus of operational responsibility for receiving and processing security breach notifications.
Library administrative staff must operate the Library Management System so that return dates and times are entered correctly, calculate fines according to the temporal accrual rules (hourly for short loans, daily for others), impose borrowing blocks when the $25 threshold is reached, and invoice or collect replacement/repair plus administrative components as specified (ss 6-11).
Groups affected indirectly
Parties who provide replacement or repair services to the Library are indirectly affected because the Order permits the Library to recover costs from the borrower (s 10(2)(a), s 11(2)(a)). While the Order fixes a floor of $110, the Librarian’s opinion can increase the monetary recovery to match actual replacement/repair costs.
Borrowers who habitually hold long loans beyond the cap may trigger a $220 cap per item which effectively limits liability for a single item to that amount (s 8(3)). This redistributes risk between the borrower and the Library by bounding per-item late liability.
Who pays and who decides
Payment liability is on the borrower to the University (ss 8(2), 10(2), 11(2)). The University Librarian has a defined, narrow discretion to increase replacement/repair figures above the $110 base when in the Librarian’s opinion such action is necessary (ss 10(2)(a), 11(2)(a)). The Order specifies that the administrative component remains payable even if items are returned (s 10(3)) and that the replacement component is adjusted depending on replacement status (s 10(3)(a)-(b)). The Order therefore assigns collection of monetary sums to the University while vesting accounting and valuation discretion in the Librarian.
Temporal scope
The instrument commences on 1 January 2021 (s 2). It does not apply to acts or omissions occurring before that date except where the prior Order applied to them immediately before commencement, in which case the prior Order continues to govern those acts (s 12(1)-(2)). The Legislation Statute transitional provisions apply to the repeal of the earlier Order (s 13).
In short, the Order concentrates immediate operational burdens on borrowers and Library/IT administrative units, while delegating valuation judgment about replacement/repair costs to the University Librarian and centralising security reporting to a single email inbox.
Key duties and rights
Duties imposed on borrowers
Return items by the system-specified date and time. If the Library Management System specifies a date or a time on that date, borrowers must return the item on or before that date and, where applicable, by that time (s 6(2)). This ties legal duty to what the LMS records.
If the LMS does not specify a return date, borrowers must return items within the default statutory period: 28 days for books or audiovisual material and 7 days for periodicals or any other item (s 6(3)-(4)).
Pay penalties for late return, loss, destruction or damage to items. Penalties are explicitly payable to the University and quantified in ss 8-11.
Be blocked from further borrowing if the person owes the University at least the prescribed amount of $25 (s 9(2)).
University and Librarian duties and powers
The University (and its Library) is entitled to collect the penalties established in ss 8, 10 and 11. The Order uses the language "payable by a person to the University" (ss 8(2), 10(2), 11(2)), which creates a duty on the University to accept payment and an entitlement to assert claims for the amounts due.
The University Librarian has evaluative authority to determine when the $110 replacement or repair amount is insufficient and to set a higher amount that the Librarian considers necessary to cover the Library’s replacement or repair costs (ss 10(2)(a), 11(2)(a)). This is phrased as being based on the Librarian’s opinion rather than an independent valuation procedure specified in this Order.
The Order also dictates accounting adjustment rules if a lost item is subsequently returned: the administrative cost component remains payable and the replacement component is reduced or fixed depending on whether the Library has yet replaced the item or has already replaced it (s 10(3)(a)-(b)).
Rights, limitations and thresholds
Borrowers benefit from a per-item cap on late penalties: no penalty for a single contravention relating to an item can exceed $220 (s 8(3)). That cap limits maximum exposure per item but does not extinguish other liabilities such as replacement costs if the item is lost or destroyed.
The Order provides no express right of appeal or review of the University Librarian’s opinion-based increases to replacement/repair costs. The instrument does not create or reference an internal review mechanism, waiver or remission process for penalties.
The instrument states all monetary amounts in sections 10 and 11 are GST inclusive (note to s 10), which is an explicit accounting right for borrowers to know the GST treatment is included in the published figures.
Procedural duties not specified
The Order prescribes the security breach reporting channel by email but does not specify a form, timeline, acknowledgement duty, privacy handling, or escalation process for those reports (s 5(2)). It therefore creates a duty to report to that email address but leaves detailed processing to other instruments or administrative practice.
Interplay with Rule obligations
Each provision in Part 2 "makes provision for" a corresponding section of the Information Infrastructure and Services Rule (see headers of ss 5-11). The Rule therefore contains the broader obligations and procedures which this Order concretises. For example, the Order fixes the quantum of a penalty that the Rule allows the University to impose (s 8(1)-(2)).
In summary, duties are precise where monetary figures and thresholds are given, while processes for assessment, dispute resolution, or administrative handling are largely left to the Rule or to ordinary administrative practice. The Librarian’s opinion is the principal institutional instrumentality for varying flat monetary floors for replacement and repair.
Penalties and enforcement
Numerical structure of penalties
Late-return penalties: For 2-hour or overnight loans the Order prescribes $12 for the first hour or part of an hour, then $6 for each subsequent hour or part hour during the contravention (s 8(2)(a)). For all other items the late-return penalty is $6 for each day or part of a day during which the contravention continues (s 8(2)(b)). The Order caps the penalty in relation to any single item at $220 (s 8(3)).
Loss/destruction penalties: The total penalty is the sum of a replacement-cost component (floor $110) and an administrative-cost component ($110). The University Librarian may set a higher replacement figure if in the Librarian’s opinion $110 is insufficient (s 10(2)(a)-(b)). If the item is later returned, the administrative component remains payable, but the replacement component may be reduced or adjusted depending on replacement status (s 10(3)).
Damage penalties: The total penalty is the sum of a repair-cost component (floor $110) and an administrative-cost component ($110). The University Librarian may increase the repair-cost component where in their opinion $110 is insufficient (s 11(2)(a)-(b)).
Enforcement mechanisms provided in the Order
The Order itself sets the amounts payable and the conditions for their application. It states the penalties are "payable by a person to the University" (ss 8(2), 10(2), 11(2)), creating an express monetary obligation enforceable by the University through ordinary debt-recovery and administrative enforcement practices. The Order does not specify the methods the University must use to collect sums, to suspend borrowing (other than prescribing the $25 threshold in s 9), to issue notices, or to enforce payment by legal process.
Blocking of borrowing is the single specific access-control enforcement device included in the Order: a person owing at least $25 is prevented from borrowing (s 9(2)). The Order gives no detail on how the block is implemented but the connection to the Library Management System in s 6 implies that operational enforcement will be electronic and system-driven.
Discretion and evidentiary points
The University Librarian’s "opinion" is the statutory trigger for increasing replacement or repair figures beyond $110 (ss 10(2)(a), 11(2)(a)). The Order does not require external valuation or competitive procurement to substantiate that opinion, nor does it prescribe recordkeeping or reasons disclosure in this instrument.
The Order sets a cap ($220) on late penalties per item (s 8(3)), which limits extreme accruals for prolonged non-return but does not cap replacement or repair liability under ss 10-11.
Procedural gaps and enforcement implications
The Order does not itself provide a notice, recovery, or dispute-resolution procedure. The absence of specified notice periods, administrative review or appeal rights in this instrument means enforcement will rely on the Rule’s provisions or on standard University administrative practice. The instrument repeatedly "makes provision for" Rule sections, which implies that enforcement procedures may be found in the Rule rather than in this Order (see header phrases in ss 5-11).
The Order centralises security breach reporting to a single email address (s 5(2)) but does not specify time-to-acknowledge, triage processes, or mandatory follow-up actions. Operational enforcement for cybersecurity reporting is therefore dependent on internal IT procedure rather than the Order.
Financial accounting and GST
The Order states explicitly that the amounts in ss 10 and 11 are GST inclusive (note to s 10). This sets the University’s recovery amounts as inclusive of tax and informs both billing and borrower expectations.
In short, the Order prescribes the tariff structure and the blocking threshold, vests limited subjective valuation power in the University Librarian, and leaves collection, notice and dispute procedures to the Rule or administrative practice. The result is a tightly quantified penalty schedule with procedural enforcement channels largely delegated to other instruments or systems.
How it interacts with other laws
Primary cross-references internal to ANU legislation
The Order repeatedly makes provision for specific sections of the Information Infrastructure and Services Rule: s 5 implements rule s 10(2); s 6 implements rule s 27(1); s 7 implements rule s 27(3); s 8 implements rule s 27(5); s 9 implements rule s 27(6); s 10 implements rule s 28(1)(b); and s 11 implements rule s 29(2). Each provision in Part 2 is therefore intended to operate in conjunction with the corresponding Rule provisions rather than in isolation (see headers and s 5(1), s 6(1), s 7(1), s 8(1), s 9(1), s 10(1), s 11(1)).
Definitions are to be found in the Rule s 4 and the Legislation Statute dictionary, so interpretive questions about terms such as "item", "Library collection" and "contravene" must be resolved by reference to those instruments (s 4, notes).
Statutory authority and transitional application
The Order is made under the Governance Statute, s 68(1), which provides rule-making authority (s 3). For the repeal and replacement of prior instruments, the Order invokes the Legislation Statute, s 26 (Repeal of University legislation), applying its transitional regime to the repeal of the Information Infrastructure and Services Order 2016 (s 13(1)-(2)). Part 3 explicitly states that it is additional to and does not limit the Governance Statute Part 10, the Legislation Statute Part 6, the Rule Part 7, or the Acts Interpretation Act s 7 as applied by the Legislation Act s 13(1)(a) (s 14).
GST and tax interaction
The Order explicitly states that the amounts in ss 10 and 11 are GST inclusive (note to s 10). That instruction controls how the University invoices and signals that borrowers should expect GST to be included in the stated penalty amounts.
Interaction with administrative practice
The Order presupposes operation of a Library Management System, which is the controlling instrument for return dates and times (s 6(2)-(3)). Operational compliance and enforcement will therefore rely on that system’s configuration and data integrity.
The Order does not specify notice, reasons, or appeal mechanisms; these matters will be governed by the Rule, other University statutes or standard administrative law principles applicable to University decision-making. The instrument’s silence means that remedies and procedural protections will need to be sought in the Rule or in general administrative law, but the Order itself does not alter external common law or statutory rights beyond providing monetary entitlements to the University.
Limitations on retrospective effect
The Order expressly forbids application to acts or omissions before commencement other than where the prior Order continued to apply (s 12). This interacts with the Legislation Statute transitional provisions and ensures that the Order is not retroactive beyond the specific saving in s 12(2).
Taken together, the Order is an implementing instrument that tightens the Rule’s operational content, delegates fine-tuning and valuation judgments to the University Librarian, anchors certain accounting outcomes like GST inclusion, and relies on other University legislation and administrative systems for dispute resolution and enforcement processes.
Amendment history
Documented amendments in the instrument
The Order itself contains no internal amendment history beyond its own commencement date and the fact that it replaces previous instruments. The instrument states it commences on 1 January 2021 (s 2) and that it repeals the Information Infrastructure and Services Order 2016 as part of the Australian National University (Repeal) Statute 2020 framework; transitional arrangements preserving application of the earlier Order to pre-commencement acts are set out in s 12(2).
Interaction with prior instruments
The Order expressly addresses the repeal of earlier instruments. Section 12(2) preserves the operation of the earlier Order for acts or omissions that occurred before the commencement of this instrument where that prior Order applied immediately before commencement. Section 13 applies the Legislation Statute, s 26, to the repeal of the 2016 Order. Section 14 confirms that Part 3 is additional to and does not limit certain transitional provisions in other University legislation and the Acts Interpretation Act as applied by the Legislation Act (ss 13-14). These clauses amount to a limited savings and transitional regime rather than frequent or iterative amendment history.
Implication for future amendments
The Order is made under the Governance Statute s 68(1) and therefore can be varied, replaced or repealed under the same statutory authority. The instrument does not itself set an amendment timetable, index of previous versions, or automatic review period. Any future amendment would appear as a new Order made under the Governance Statute or as a variation of the Rule, and would need to account for transitional provisions consistent with ss 12-14.
Public record
The instrument contains internal notes pointing to definitions in the Rule and dictionary but provides no record of prior versions within its text. Where a future reviewer needs to understand historical changes, they must consult the Australian National University legislative archive or the Legislation Statute transitional provisions referenced in s 13.
In practice, amendment history is limited to the instrument’s commencement and its role in the sweep of repeals and savings associated with the 2015 Rule and 2016 Order. The Order itself provides no running amendments or prior versions list and no built-in sunset or review clause.
Litigation history
No litigation recorded in the instrument
The Order contains no references to case law, judicial decisions, or ongoing litigation. It does not name any court proceedings or prior determinations. The instrument does not cite precedents and does not include any margins noting legal challenges.
Potential dispute points evident from the text
Although no litigation is recorded, the Order structures potential factual or legal disputes around a limited set of concrete points where interpretation and discretionary judgment matter. These include:
Whether the Library Management System properly recorded a return date and time for a given borrowing, because s 6(2) makes that recording determinative of the borrower’s duty to return.
Classification of an item type where the default period applies (s 6(3)-(4)), for example whether printed material counts as a "book" or a "periodical" under the definitions in the Rule s 4, which the Order directs readers to consult (s 4 and accompanying notes).
The University Librarian’s "opinion" that $110 is insufficient to cover replacement or repair costs (ss 10(2)(a), 11(2)(a)). Disputes may concern the evidential basis for that opinion and what documentation supports it.
The effect of a returned item on liability where replacement has occurred, given the Order’s provisions that administrative costs remain payable and replacement components are reduced or fixed depending on replacement status (s 10(3)).
Application of the cap ($220) for late penalties per item and calculation of accruals for very short loans where hourly accruals apply (s 8(2)-(3)).
Possible legal remedies and forum (not specified in Order)
The Order does not specify internal review or appeal rights for persons disputing penalties or the University Librarian’s opinion. Any legal challenge would therefore proceed in the context of the Rule, other University statutes, or general administrative law principles. The instrument does not preclude, but nor does it expressly create, administrative review mechanisms.
Absence of recorded litigation limits precedential guidance
Because the Order itself records no litigation, parties seeking to challenge or interpret these provisions must look to the Rule, the Legislation Statute and common administrative law principles for remedies and interpretive guidance. The instrument’s silence on appeals and notices suggests that litigation or administrative disputes, if any, would turn on the Rule’s procedures and on ordinary legal principles rather than on specific procedures included in the Order.
In sum, the Order does not recount litigation and contains a small set of concrete factual and discretionary loci where disputes could arise, but it does not specify forums, notice or appeal mechanisms within its text.
Gotchas
Operational dependency on the Library Management System
The legal duty to return an item is governed by what the Library Management System records. Section 6(2) makes a recorded date and time the controlling legal datum. If the LMS is misconfigured or staff fail to record a date or time, the default statutory periods in s 6(3)-(4) apply. Borrowers and administrators therefore face differing obligations depending on the integrity of system data.
Hourly accruals for short loans can escalate quickly
For 2-hour and overnight loans the penalty accrues by the hour or part of an hour: $12 for the first hour or part of an hour, and $6 for each subsequent hour or part of an hour (s 8(2)(a)). For a borrower who keeps a short-loan item even modestly overdue, fines may mount within a single day, subject to the $220 per-item cap (s 8(3)). Operationally, this requires precise time-stamping in the LMS and clarity about when the first hour begins to run.
Cap applies to late penalties only, not replacement/repair
The $220 cap in s 8(3) limits late-return penalties for a contravention related to an item. It does not cap the replacement or repair components in ss 10-11. A borrower who loses an item may therefore face the replacement/repair formula (replacement or repair component plus $110 administrative component) independent of any late penalty cap.
Administrative cost remains if item returned
If a lost item is later returned, the administrative cost component ($110) remains payable (s 10(3)). The replacement cost component is reduced or adjusted depending on whether the Library has replaced the item (s 10(3)(a)-(b)). Borrowers might assume returning an item absolves them of all charges but s 10(3) contradicts that expectation.
University Librarian’s opinion is the statutory trigger for higher costs
The Order permits the Librarian to set replacement/repair amounts above $110 "if in the University Librarian’s opinion this amount is insufficient" (ss 10(2)(a), 11(2)(a)). This subjective standard creates potential uncertainty and a need for recordkeeping to justify the opinion if questioned. The Order contains no procedural requirement for how that opinion must be formed or documented.
Block threshold is low
The prescribed amount that prevents borrowing is $25 (s 9(2)). A relatively small unpaid balance will stop a person from borrowing further items, which may be unexpected for occasional borrowers with minor debts.
Security reporting channel singularity
Security breach reports are required to be sent by email to it.security@anu.edu.au (s 5(2)). The Order does not provide alternative reporting channels. Organisations or individuals used to telephone hotlines, online portals, or physical notices must use the specified email address to comply with this instrument.
GST inclusive language matters
The Order explicitly states that amounts in ss 10 and 11 are GST inclusive (note to s 10). Billing must therefore show that GST has been included in the headline figures, and the University cannot add GST on top of the prescribed sums.
Transitional timing traps
The instrument does not apply to acts or omissions that happened before commencement, except where the prior Order applied immediately before commencement (s 12(1)-(2)). Parties and administrators must therefore check whether a given act predates 1 January 2021 and which Order or Rule applied at the time.
Lack of procedural detail for enforcement and review
The Order specifies amounts and the Librarian’s discretion but contains no express administrative review or notice procedures for imposition of penalties or for contesting the Librarian’s valuation. Parties cannot rely on procedural protections within this Order and must look to the Rule or broader administrative law for remedies.
Precision required in item classification
Default loan periods hinge on item classification (book/audiovisual versus periodical/other) (s 6(4)). Misclassification can materially change the borrower’s obligations and exposure to penalties.
These are concrete operational and legal pitfalls that arise from the Order’s drafting and the specific numeric and procedural choices the instrument makes.
How to comply
Administrative and IT steps for the Library
Ensure the Library Management System reliably records return dates and times for every loan. Section 6(2) makes the recorded date/time the legal touchstone for a borrower’s duty to return. Failure to record will push obligations onto the statutory default periods in s 6(3)-(4). Procedures and staff training should ensure timestamps are captured at checkout and visible to borrowers.
Implement automated fine-calculation logic in the LMS. The system must calculate fines by the correct unit for each loan class: hourly accruals for 2-hour and overnight loans ($12 first hour/part hour, $6 thereafter) and daily accruals for other items ($6 per day or part day) and must respect the per-item cap of $220 (s 8(2)-(3)).
Enforce the $25 borrowing block. Configure the LMS to prevent further borrowing where a person’s outstanding liability to the University meets or exceeds $25 (s 9(2)). Maintain an audit trail showing the balance that triggered the block.
Billing, recovery and recordkeeping
Invoice replacement and repair penalties in two components and include GST within headline amounts. For loss/destruction and damage, bill the replacement/repair component (floor $110) plus an administrative component of $110, noting the amounts are GST inclusive (s 10(2), s 11(2), note to s 10).
Document the University Librarian’s opinion when increasing replacement/repair amounts above $110. Because the Order relies on the Librarian’s opinion to justify higher sums (ss 10(2)(a), 11(2)(a)), keep contemporaneous records of valuation, procurement steps, invoices from suppliers, or other objective indicia supporting the Librarian’s assessment to reduce dispute risk.
Track replacement actions. Where an item is subsequently returned, apply s 10(3) faithfully: administrative costs remain payable, and the replacement component must be reduced or set to the amount actually incurred if replacement has already happened (s 10(3)(a)-(b)). Keep records showing replacement status and replacement costs incurred.
Security breach reporting and IT incident response
Direct all security breach reports to it.security@anu.edu.au as required by s 5(2). Establish an internal process to triage and acknowledge receipt of emails sent to that address, record incoming reports, and escalate according to existing incident response plans. Because the Order prescribes the email address but does not set timelines or formats, document your internal handling to demonstrate procedural compliance.
Ensure the IT/security team logs incoming reports and keeps records of actions taken, even though the Order does not mandate specific timelines. This helps provide a paper trail for compliance and any future audit.
Communications with borrowers
At checkout and in borrower account communications, display the return date/time and loan type clearly so borrowers can see the date/time that fixes their legal obligation (s 6(2)). Where no date is recorded, explain the default periods (28 days for books/audiovisual; 7 days for periodicals/other) per s 6(3)-(4).
Communicate the monetary consequences clearly: hourly/daily fines, the $220 per-item cap, the $110 replacement/repair floor plus $110 administrative component, and the $25 blocking threshold (ss 8-11, s 9(2)). Make the GST-included status clear on invoices (note to s 10).
Policy and staff training
Train frontline staff to explain that the University Librarian may set a higher replacement or repair amount where $110 is insufficient, and that this determination rests on the Librarian’s opinion (ss 10(2)(a), 11(2)(a)). Train staff how to collect and record supporting evidence when that higher amount is invoked.
Establish an internal policy on when to replace lost items. The Order’s treatment of returned items depends on whether the Library has already replaced the item (s 10(3)). A clear policy will reduce disputes.
Prepare a simple FAQ for borrowers that covers short-loan rules, recall exceptions for 2-hour/overnight/2-day loans (s 7(2)), the mechanics of how fines accrue, and how to rectify outstanding balances to restore borrowing privileges at the $25 threshold (s 9(2)).
Record retention and audit
Keep records sufficient to demonstrate compliance with s 6 (LMS entries), s 5 (security breach reports receipt), s 10 and s 11 (replacement/repair valuations and administrative charges). Retain supplier invoices and replacement receipts to support any Librarian-elected higher figures and to evidence correct application of s 10(3).
Dispute handling
Although the Order does not specify an appeal mechanism, implement an internal review route to resolve disputes about classification of items, the accuracy of LMS entries, or the Librarian’s valuation decisions. This will mitigate escalation to formal disputes and is consistent with good administrative practice given the Order’s silence on procedural rights.
Transitional awareness
Apply the instrument only prospectively from 1 January 2021 unless a pre-commencement act is governed by the prior Order (s 12(1)-(2)). When handling historical incidents that occurred before commencement, confirm which instrument applied at the time.
Following these concrete steps aligns operational activity with the Order’s text and reduces exposure to disputes about data integrity, valuation exercise, and communication failures.
This is the Information Infrastructure and Services Order 2020.
2 Commencement
This instrument commences on 1 January 2021.
3 Authority
This instrument is made under the Governance Statute, section 68(1) (General power to make rules and orders).
4 Definitions
The following notes provide information about definitions applying to terms used in this instrument.
[Note 1: The Information Infrastructure and Services Rule, section 4 (Definitions) defines terms relevant to this instrument (see Legislation Statute, section 9(2) (Terms used in authorising legislation etc.)), including ‘item’ and ‘Library collection’.]
[Note 2: For definitions applying to University legislation generally, see the dictionary in the Legislation Statute. That dictionary defines terms relevant to this instrument, including ‘contravene’.]
Part 2—Prescribed details
5 Security breach reports etc.
(1) This section makes provision for the Information Infrastructure and Services Rule, section 10(2) (System security).
(2) A report must be made by email to it.security@anu.edu.au.
6 Period for return of borrowed library items
(1) This section makes provision for the Information Infrastructure and Services Rule, section 27(1) (Return or recall of borrowed items).
(2) If a person borrows an item from a Library collection, the person must return the item to the Library on or before the date specified for the return of the item in the Library Management System and, if a time on that date is specified in the system, at or before that time on that date.
(3) If a person borrows an item from a Library collection and no date is specified for the return of the item in the Library Management System, the person must return the item to the Library within the required period after the day the item was borrowed.
(4) For subsection (3), the required period is 28 days for a book or audiovisual material, and 7 days for a periodical or any other item.
7 Exceptions to recall of borrowed library items
(1) This section makes provision for the Information Infrastructure and Services Rule, section 27(3) (Return or recall of borrowed items).
(2) Section 27(2) of the rule does not apply to the borrowing of an item from a Library collection for a 2-hour, overnight or 2-day loan.
8 Penalties for late return of borrowed library items
(1) This section makes provision for the Information Infrastructure and Services Rule, section 27(5) (Return or recall of borrowed items).
(2) The penalty payable by a person to the University for contravening section 27(1) or (4) of the rule, without reasonable excuse, by not returning an item to the Library as required is:
(a) for an item borrowed on a 2-hour or overnight loan—$12 for the first hour or part of an hour, and $6 for each subsequent hour or part of an hour, during which the contravention continues; and
(b) for any other item—$6 for each day or part of a day during which the contravention continues.
(3) However, if the penalty payable by a person to the University for the contravention in relation to the item would otherwise exceed $220, the penalty is $220.
9 Amount of penalty that prevents borrowing
(1) This section makes provision for the Information Infrastructure and Services Rule, section 27(6) (Return or recall of borrowed items).
(2) The prescribed amount is $25.
10 Penalties for loss or destruction of borrowed library items
(1) This section makes provision for the Information Infrastructure and Services Rule, section 28(1)(b) (Loss or destruction of borrowed items).
(2) The penalty payable by a person to the University for the loss or destruction of an item borrowed from a Library collection is the total of the following components:
(a) a replacement cost component of $110 or, if in the University Librarian’s opinion this amount is insufficient to cover the cost to the Library of replacing the item, the higher amount that the University Librarian considers necessary to cover the cost to the Library of replacing the item;
(b) an administrative cost component of $110.
[Note: All amounts mentioned in this section and section 11 (Penalties for damage to library items etc.) are GST inclusive.]
(3) However, if the item is subsequently returned to the Library, the administrative cost component of the penalty remains payable, but:
(a) if the item has not yet been replaced by the Library—the amount of the penalty payable for the item is reduced by the amount of the replacement cost component of the penalty; or
(b) if the item has already been replaced by the Library—the replacement cost component of the penalty is the amount actually incurred by the Library in replacing the item.
11 Penalties for damage to library items etc.
(1) This section makes provision for the Information Infrastructure and Services Rule, section 29(2) (Damage to library items etc.).
(2) The penalty payable by a person to the University for damage to an item in a Library collection, or anything else in the Library, is the total of the following components:
(a) a repair cost component of $110 or, if in the University Librarian’s opinion this amount is insufficient to cover the cost to the Library of repairing the damage, the higher amount that the University Librarian considers necessary to cover the cost to the Library of repairing the damage;
(b) an administrative cost component of $110.
Part 3—Transitional provisions
12 General application and savings
(1) This instrument (other than this Part) does not apply to an act or omission that happened before the commencement of this instrument.
(2) Despite the repeal of the Information Infrastructure and Services Rule 2015 and the Information Infrastructure and Services Order 2016 by the Australian National University (Repeal) Statute 2020, that order continues to apply to an act or omission that happened before the commencement of this instrument if that order applied to the act or omission immediately before the commencement.
13 Application of Legislation Statute, section 26
(1) The Legislation Statute, section 26 (Repeal of University legislation) applies to the repeal of the Information Infrastructure and Services Order 2016.
(2) For the Legislation Statute, section 26 the provisions of this Part are transitional provisions.
14 Transitional provisions additional
This Part is additional to, and does not limit:
(a) the Governance Statute, Part 10 (Transitional provisions); or
(b) the Legislation Statute, section 26 (Repeal of University legislation) and Part 6 (Transitional provisions); or
(c) the Information Infrastructure and Services Rule, Part 7 (Transitional provisions); or
(d) the Acts Interpretation Act, section 7 (Effect of repeal or amendment of Act), as applied by the Legislation Act, section 13(1)(a) (Construction of legislative instruments and notifiable instruments).