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’.]
Section 1 - Information Infrastructure and Services Order 2020 - Information Infrastructure and Services Order 2020 | Zoe
[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).