Libraries Act 1982

The Act defines several key concepts that underpin its operation. “Library materials” (section 5) means books, magazines, newspapers, records, cassettes, films, videotapes and other materials of a kind commonly lent by, or available for reference at, a library. This is an inclusive definition that captures both traditional print media and audiovisual formats, and the “other materials” phrase allows it to adapt to new media without amendment. “Council” has the same meaning as in the Local Government Act 1999, tying the Act into the local government framework. “LGA” means the Local Government Association of South Australia, which plays a formal role in nominating three Board members. “Premises of the Board” means premises owned or occupied by the Board, and “occupy” means to have or be entitled to possession or control of the premises.

Part 3A introduces the concept of “official insignia”, defined as an official title (declared under section 27) or a logo (being a design the copyright of which is vested in the Crown in right of the State) or a combination. “State Library of South Australia” is automatically an official title; the Minister may declare others by Gazette notice. The Board has a proprietary interest in all official insignia (section 28(1)). Goods are taken to be marked with official insignia if the insignia is affixed to the goods, their container, or anything attached to them (section 26(2)).

The concept of “authorised officer” is central to enforcement. Part 3 provides that the Minister may appoint authorised officers, and every police officer is automatically an authorised officer (section 23(2)). Appointments may be subject to conditions, and non-police officers must be issued identity cards with photograph and statement of authority (section 23(4)). The Act also uses the concept of “promote” expansively: in relation to an event or activity, it includes organising, commissioning, funding, supporting, marketing, advertising or acting as project manager (section 5). This broad definition appears primarily in the context of the Board’s functions and powers and the Ministerial direction limitations.

The Board itself is a body corporate with perpetual succession and a common seal, can sue and be sued, and is an instrumentality of the Crown holding property on its behalf (section 8). The Board’s functions (section 14) include formulating policies for public library services, administering the State Library, establishing and maintaining other public libraries, and promoting library services by councils. Its powers (section 15) are those of a natural person plus specific enumerated powers, including the power to enter partnerships, form or acquire shares in corporations, and borrow money , but the latter two require Treasurer approval (section 15(3)). The concept of “affiliated societies” under section 36 identifies two specific societies and allows the Board to affiliate with others with the Minister’s consent. Finally, the concept of “subsidies” in section 21 is linked to the prohibition on direct lending charges: if a council charges for lending, the subsidy is reduced by the estimated revenue from those charges.

The Act directly affects a range of entities and individuals. The Libraries Board of South Australia is the primary statutory body, with its members (up to eight appointed by the Governor) and staff (Public Service employees assigned to assist the Board) operating under its governance framework. The Minister for the time being administering the Act holds significant powers, including general control and direction of the Board (subject to the restrictions in section 13(2)), the power to appoint authorised officers (section 23(1)), to approve the Board’s budget (section 18), to pay subsidies (section 21), and to declare official titles and logos (section 27). The Treasurer must approve certain Board activities such as borrowing money or acquiring shares in corporations (section 15(3)), and approvals may be specific or general, conditional or unconditional (section 40).

Councils are directly affected: they may receive subsidies or assistance from the Minister on the Board’s recommendation for establishing, maintaining and extending public libraries and community information services (section 21). However, section 21(2) provides that if a council charges for lending library materials, the subsidy is reduced by the estimated revenue from those charges. The Local Government Association of South Australia nominates three Board members (section 9(1)(a)). The broader library-using public is affected: the Act guarantees that public library lending must be without direct lending charge or membership fee (section 7(2)). Library users are subject to conditions determined by the Board and published in the Gazette, including fines for contravention (section 37). They may be required by authorised officers to state their name and address, leave the premises, or be removed and detained if they commit or are about to commit an offence (section 24). Users may also be subject to regulations covering behaviour, computer use, and parking.

Persons or bodies publishing material of South Australian origin, or material with particular relevance to the State, are subject to a legal deposit obligation under section 35: they must provide a copy to the Board and a copy to the Parliamentary Librarian within one month of publication, at their own expense. Exemptions may be granted by the Parliamentary Librarian for the Parliamentary Library copy. This applies to books, newspapers, magazines, maps, sheet music, and audiovisual items (records, CDs, DVDs, etc) but not to second or subsequent editions that do not differ from a former edition. Publishers must provide copies of the finest quality if multiple formats exist.

Persons in trade or business dealing with official insignia must obtain the Board’s consent before using official titles or logos for promotional or sales purposes (section 28). The affiliated societies (Royal Society of South Australia and Royal Geographical Society of Australasia) have special statutory recognition and may use Board property on terms determined by the Board. The Public Service administrative units may be called upon to assist the Board under arrangements with the responsible Minister (section 16(2)). The Auditor-General audits the Board’s accounts (section 19). Finally, any person committing an offence under the Act or regulations is liable to penalties ranging from $250 to $20,000, and in some cases to imprisonment.

Duties of the Board. The Board must meet at least six times each year and keep accurate minutes of its proceedings (section 11(7)-(8)). It must prepare and submit an annual budget to the Minister, conforming with the Minister’s requirements, and must not make expenditure not provided for in an approved budget unless the expenditure relates to a testamentary gift (section 18). It must cause proper accounting records to be kept and have annual statements of account prepared and audited (section 19). By 30 September each year, the Board must forward an annual report on its work and operations for the preceding financial year, containing the audited statements, to the Minister, who then lays it before both Houses of Parliament within 12 sitting days (section 20). The Board must exercise its powers in accordance with any Ministerial direction, except on the five protected matters listed in section 13(2). The Board must not accept or keep material it does not consider of sufficient educational, historical or other interest (section 15(4)). When affixing the common seal, it must be done pursuant to a Board decision and attested by two members (section 13D(1)). The Board must also issue receipts for material lodged under the legal deposit provision (section 35(5)).

Rights and powers of the Board. The Board has all the powers of a natural person, plus specific additional powers enumerated in section 15(2), including to acquire and dispose of property, enter contracts, charge fees for special events, grant advertising rights, publish materials, take out insurance, participate in organisations, form joint ventures, and borrow money (subject to Treasurer approval for share acquisitions and borrowing). The Board may delegate its functions and powers (except the power of delegation) to any person or committee (section 13B). It may establish committees with membership determined by the Board (section 13A). The Board may determine conditions for lending library materials and fix fines and fees by Gazette notice (section 37). It may accept gifts and bequests (section 38) and is exempt from stamp duty on property instruments. The Board may affiliate with educational, literary or scientific societies (section 36). It has a proprietary interest in official insignia and may consent to its use, conditionally or unconditionally (section 28). It may apply to the Supreme Court for an injunction to restrain unauthorised use (section 28(5)), and the court may order compensation on conviction (section 28(6)).

Duties of others. Publishers of South Australian origin material must lodge copies within one month (section 35). Persons must not hinder or obstruct authorised officers, fail to answer questions, produce false documents, fail to comply with a requirement or direction, use abusive language, or falsely represent themselves as authorised officers (section 25(1)), maximum penalty $2,500. A person must not use official insignia in trade without Board consent (section 28(2) and (3)), maximum penalty $20,000. A delegate of the Board must not act in a matter in which the delegate has a direct or indirect pecuniary or personal interest (section 13B(4)), maximum penalty $10,000 or two years imprisonment, with a defence of unawareness (section 13B(5)). A person who ceases to be an authorised officer must return their identity card immediately (section 23(6)), penalty $250. A person who contravenes lending conditions must pay the fine fixed by the Board; failure to pay upon demand is an offence (section 37(2)), maximum penalty $1,250.

Rights of others. A person from whom goods are seized under section 29 is entitled to recover the goods or compensation if proceedings are not instituted within three months or if the defendant is not convicted. A person asked to answer a question or produce a document is not obliged to do so if it might tend to incriminate them or expose them to a penalty (section 25(2)). A person may request an authorised officer to produce their identity card or certificate of authority (section 23(5)). A person may apply for the Board’s consent to use official insignia. The general public has a right to use public library lending services without direct charge or membership fee, though conditions of access apply.

The Act creates a graduated system of penalties for offences and confers substantial enforcement powers on authorised officers. The most serious penalty is for a delegate of the Board who acts in a matter in which they have a direct or indirect pecuniary or personal interest: maximum penalty $10,000 or imprisonment for two years (section 13B(4)). There is a statutory defence that the defendant was unaware of the interest at the time (section 13B(5)). Unauthorised use of official insignia in the course of trade or business, or assuming a name or description that includes official insignia, attracts a maximum penalty of $20,000 (section 28(2) and (3)). The Supreme Court may grant an injunction to restrain a breach of section 28 on the Board’s application (section 28(5)), and the convicting court may order the offender to pay compensation to the Board (section 28(6)), without derogating from any civil remedy.

Hindering or obstructing an authorised officer, or failing to comply with a requirement or direction, carries a maximum penalty of $2,500 (section 25(1)). The same penalty applies to providing false or misleading documents, using abusive language, or falsely representing oneself as an authorised officer. Failure to lodge copies of published material under the legal deposit requirement is also penalised at $2,500 (section 35(1) and (3)). Failure by a former authorised officer to return their identity card attracts a $250 penalty (section 23(6)). Contravening lending conditions fixed by the Board is not itself an offence, but failure to pay a fine upon demand is an offence with a maximum penalty of $1,250 (section 37(2)). The regulation-making power in section 41(2)(l) allows penalties up to $1,250 for breach of any regulation.

Enforcement powers are primarily vested in authorised officers appointed by the Minister and all police officers. Under section 24(1), if an authorised officer reasonably suspects that a person at a library or other Board premises has committed, is committing or is about to commit an offence against any Act, the officer may require the person to state their full name and usual place of residence; require production of evidence if the name or address is suspected to be false; require the person to leave immediately and not return for a stated period or at all; use reasonably necessary force to remove or exclude the person; and cause the person to be detained and handed over to a police officer as soon as practicable. Section 24(2) adds further powers: to require surrender of any object or thing reasonably suspected of being used in contravention of the Act; to give directions for the maintenance of good order, prevention of interference, regulation of traffic, or protection of Board property; and to use force for removal, exclusion, or seizure of goods under section 29. An authorised officer may be accompanied by assistants as reasonably required (section 24(3)).

For official insignia violations, an authorised officer who reasonably suspects goods marked with official insignia are for a commercial purpose and not authorised may seize those goods (section 29(1)). If proceedings are not instituted within three months, or if the defendant is not convicted, the person from whom goods were seized is entitled to recover the goods (or compensation if destroyed) and compensation for any loss from the seizure (section 29(2)-(3)). On conviction, the court may order the goods to be forfeited to the Crown, to be disposed of as the Minister directs, with proceeds paid into the Consolidated Account (section 29(4)-(5)).

The Act operates within a broader legal ecosystem and explicitly references several other statutes. The Public Sector (Honesty and Accountability) Act 1995 is addressed by section 13C, which provides that a Board member is not taken to have a direct or indirect interest in a matter merely because the interest is shared with public librarians generally or a substantial section of them , a carve-out that prevents technical conflicts of interest from disqualifying members. The Public Finance and Audit Act 1987 is engaged through section 19(2)(a): the Board’s accounting records and annual statements must comply with any instructions of the Treasurer under section 41 of that Act. The Local Government Act 1999 supplies the definition of “council” (section 5), which is critical because councils are eligible for subsidies and nominate Board members. The Stamp Duties Act 1923 is overridden by section 38(3), which exempts from stamp duty any instrument by which land or an interest in land is granted or assured to the Board, or any contract or instrument executed by the Board for disposing of property. The Public Sector Act 2009 is referenced in the Board’s function to collaborate with administrative units or other public sector agencies (section 14(g)) , “public sector agency” being defined under that Act. The Board’s staff consists of Public Service employees assigned to assist it (section 16(1)).

The State Records Act 1997 repealed former Part 3 of the Libraries Act (which dealt with official records and their disposal) and transferred custody of official records held by the Board to State Records. The transitional provisions in Schedule 4 of the State Records Act provide that principles and determinations relating to record disposal in operation immediately before commencement continue until the Manager otherwise determines. The Act also repealed the Libraries and Institutes Act 1939 and the Libraries (Subsidies) Act 1955 (see legislative history).

Section 27(4) provides that an official title declared under that section is not required to be registered or otherwise protected under any other Act, but the Minister must not declare a name or title that is already registered under another Act unless acting with the consent of the person who has the benefit of that registration (section 27(3)). This interacts with trade marks legislation or business names registration. Section 28(7) expressly provides that the injunction and compensation provisions do not derogate from any civil remedy available to the Board apart from those subsections , preserving access to general law remedies such as passing off. The Act also interacts with the Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996, which amended the penalty provisions; its transitional provision preserves the application of repealed or amended Acts to expiation notices issued before commencement. The broad regulation-making power in section 41(2) allows regulations covering behaviour, parking, and computer use, which may intersect with the Criminal Law Consolidation Act 1935 (offensive behaviour) and Road Traffic Act 1961 (parking). The provision for authorised officers to detain and hand over to a police officer (section 24(1)(e)) connects with police powers under other legislation. The lending conditions published under section 37 create contractual-like obligations enforceable through fines, and non-payment is a criminal offence.

The Libraries Act 1982 (No 70 of 1982) received assent on 1 July 1982 and commenced on 17 February 1983. It repealed the Libraries and Institutes Act 1939 and the Libraries (Subsidies) Act 1955. The Act has been amended by six subsequent Acts.

The Libraries Act Amendment Act 1984 (No 64 of 1984) made minor changes to section 10 (conditions of membership) and to the provision for the term of office. The Libraries Act Amendment Act 1989 (No 40 of 1989) was more substantial: it substituted section 9 (composition of Board), amended sections 10 and 11, deleted several definitions, amended section 14 (functions) to delete paragraphs (l) and (m), substituted section 21(1) on subsidies, deleted Parts 2 Divisions 7, 8, and 9, and amended sections 35 to 39 and the Schedule. Some provisions commenced later , sections 3, 4, 10, 13 and 14 commenced on 28 June 1990.

The Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996 (No 34 of 1996) amended section 43 (since deleted) to align with the common expiation scheme, and included a transitional provision preserving the application of repealed or amended Acts to expiation notices. Its Schedule (clause 22) commenced on 3 February 1997. The State Records Act 1997 (No 8 of 1997) deleted former section 3 (definitions of “public record”, “public instrumentality” and “the Standing Committee”), deleted the whole of former Part 3 (which had dealt with official records), and deleted paragraph (j) from section 14. It also contained transitional provisions transferring custody of official records from the Board to State Records.

The Statutes Amendment (Public Sector Consequential Amendments) Act 2009 (No 84 of 2009) inserted a new section 11A (since deleted by the 2010 amendment) and amended sections 12 and 38. Part 83 (sections 195-198) commenced on 1 February 2010. The most transformative amendment was the Statutes Amendment (Arts Agencies Governance and Other Matters) Act 2010 (No 19 of 2010), Part 7 (sections 48-65) and Schedule 1 (Parts 4 and 9, clauses 7 and 18), which commenced on 12 May 2011. This amendment substantially restructured the Act: it substituted the interpretation section 5, deleted section 6, substituted the heading of Part 2, deleted Division headings, and inserted the new Part 2A (Libraries Board of South Australia). Within Part 2A, it deleted the former sections 9-13 and inserted new Divisions 1-5 covering Board continuation, membership and proceedings, committees and delegation, conflict of interest under the Public Sector (Honesty and Accountability) Act, common seal and execution of documents, functions and powers, staff, and financial matters and annual reports. It substituted section 15 (powers) with a much more detailed provision, deleted former sections 16-20 and inserted new staff and financial provisions. It inserted a new Part 3 (Authorised officers) and Part 3A (Official insignia). It substituted section 35 (legal deposit), deleted former sections 37-39 and renumbered former section 40 as 37, inserted new sections 38-41, and deleted former sections 42-43. The transitional provisions in Schedule 1 Part 9 validated the continuation of existing Board members despite potential non-compliance with the new section 9 composition requirements, and deemed authorised persons under the pre-amendment Libraries Regulations to be authorised officers under the new Part 3.

The Act itself does not refer to any decided cases. Accordingly, there is no litigation history recorded in the source text. However, the Act creates several avenues for litigation that may have been used in practice. Section 28(5) expressly confers jurisdiction on the Supreme Court to grant an injunction on the application of the Board to restrain a breach of the official insignia provisions. Section 28(6) allows the court convicting a person of an offence against section 28 to order the convicted person to pay compensation to the Board, with the amount fixed by the court. Section 29(3) permits an action for compensation against the Board in any court of competent jurisdiction by a person whose goods were seized and not proceeded with or resulting in an acquittal. Section 25(2) creates a privilege against self-incrimination in answer to questions or production of documents. The regulation-making power under section 41(4) contains evidentiary presumptions in proceedings for parking offences: an allegation that the person named was the owner on a specified day is taken to be proved absent proof to the contrary, and if a vehicle is proved to have been parked in contravention, it is presumed it was parked by the owner absent proof to the contrary.

Beyond these procedural provisions, the Act does not itself provide case names or judicial interpretations. The legal deposit requirement (section 35) and the lending conditions (section 37) are potentially enforceable through criminal proceedings in magistrates courts. The provision for removal of the Governor’s power to remove a member under section 10(4) could theoretically give rise to judicial review proceedings. The limitation on Ministerial direction under section 13(2) creates a justiciable boundary between Ministerial control and Board independence. The offence under section 13B(4) for a delegate acting with a conflict of interest carries both criminal and potential civil consequences. The availability of civil remedies preserved by section 28(7) suggests that passing off or trade mark infringement actions could run concurrently with the statutory scheme. In the absence of reported decisions specifically cited in the Act, it is not possible to state the outcome of any litigation, but the Act’s provisions clearly contemplate court involvement in enforcement and dispute resolution.

Several provisions in the Act contain traps for the unwary. The legal deposit obligation under section 35(3) requires that if material is published in various forms of differing quality, the copies provided must be of the finest quality. This catches publishers who might lodge a cheaper edition rather than the premium version. The only exception is if the copy is provided in electronic form, but electronic copies are only permitted for prescribed material, or with the Board’s agreement (for the Board’s copy) or the Parliamentary Librarian’s agreement (for the Parliamentary Library copy). Publishers who send a PDF of a hardback edition when a more expensive leather-bound version exists could be in breach, carrying a $2,500 penalty.

Section 7(2) provides that library services include lending without direct lending charge or membership fee, but section 21(2) acts as a financial disincentive: if a council does impose such charges, the amount of any subsidy or other assistance from the Minister is reduced by the total estimated revenue from those charges. A council that introduces a small fee for borrowing might find its subsidy cut by the full amount of expected revenue, potentially leaving it worse off. This is a significant economic trade-off. The lending conditions power under section 37 allows the Board to fix fines and fees for services (other than lending). Users who contravene conditions may be liable for fines set by Gazette notice, and if they refuse or fail to pay on demand, they commit an offence punishable by up to $1,250. This means a small library fine can escalate to a criminal conviction if ignored.

The delegation conflict of interest provision (section 13B(4)-(5)) is a strict liability offence with a defence of unawareness. A delegate must not act in any matter in which they have a direct or indirect pecuniary or personal interest. The penalty is severe: $10,000 or two years imprisonment. The defence of unawareness places a burden of proof on the defendant, but the onus is on the prosecution to prove the act. Delegates need to be vigilant in declaring interests even if they think the interest is remote.

Authorised officers have broad powers to use force. Section 24(1)(d) and (2)(c) expressly authorise the use of reasonably necessary force for removal or exclusion, and for seizing goods. This is not merely a power to request , it is a power to physically remove. Additionally, the power extends to detain and hand over to a police officer (section 24(1)(e)). The Act does not require a prior warning or a court order. The definition of “premises of the Board” in section 5 includes premises owned or occupied, so libraries operated by councils under arrangement may also be covered, potentially giving authorised officers similar powers in council-run libraries.

The Board’s power to reject material under section 15(4) is entirely subjective: “not, in its opinion, of sufficient educational, historical or other interest to justify its collection or preservation.” A donor who offers a collection and expects it to be accepted has no statutory right to force acceptance. The stamp duty exemption in section 38(3) applies only to instruments granting land or interests to the Board, not to other transactions a donor might incur. The affiliated societies provisions in section 36 are limited: only two societies are statutorily affiliated; others must apply and obtain the Minister’s consent. The Board may accord rights to use property to affiliated societies, but it is under no obligation to do so.

The annual reporting deadline of 30 September (section 20(1)) is tight for the Board. The Minister then has 12 sitting days to table the report in Parliament. If the report is late, the tabling timeline is compressed. The Board must meet at least six times a year (section 11(7)). Failure could be grounds for removal of members under section 10(4)(d) if the Board fails to carry out its functions satisfactorily. Members must attend meetings: absence without leave from three consecutive meetings causes the office to become vacant (section 10(5)(f)). The quorum formula is half the total number of members plus one, ignoring fractions (section 11(1)). For an eight-member board, quorum is four plus one equals five. If three members are absent, the meeting cannot proceed.

The regulations under section 41(2) can prohibit a wide range of conduct, including computer use for accessing defamatory, obscene or other offensive material. Section 41(4) contains a reverse onus for parking offences: it is presumed that the vehicle was parked by the owner unless the owner proves otherwise. This is a significant evidentiary burden. The regulations may also provide for the management of unclaimed property, including its disposal and vesting in the Board. Finally, the Act’s limitation on Ministerial direction (section 13(2)) does not protect against directions on management, staff, or budget (except as to the nature of collections). A Minister could potentially direct the Board to reduce spending on a particular collection area without infringing on the nature or content of the collections themselves.

For the Libraries Board of South Australia, compliance requires adherence to the governance and financial framework. The Board must hold at least six meetings each year, keep accurate minutes, and ensure that decisions are properly recorded and quorum is met (section 11). The common seal must only be affixed pursuant to a Board decision and attested by two members (section 13D). The Board must prepare and submit a budget to the Minister in the required form, and must not make expenditure not in the approved budget unless it relates to testamentary gifts (section 18). Proper accounting records must be kept and annual statements prepared and audited (section 19). An annual report, including audited accounts, must be forwarded to the Minister by 30 September each year (section 20). When delegating functions or powers, the Board must do so by written instrument, and must ensure that delegates are aware of the prohibition against acting in matters where they have a direct or indirect pecuniary or personal interest (section 13B). The Board must also avoid conflicts of interest in its own proceedings and comply with the Public Sector (Honesty and Accountability) Act as modified by section 13C.

For Board members, the key obligations are to attend meetings (absence without leave from three consecutive meetings triggers vacancy), to comply with conditions of appointment, and to avoid conflicts of interest. Members must declare interests and ensure that any interest shared with public librarians generally does not shield a real conflict. The term limits , maximum three years per term and nine consecutive years , must be observed (section 10). Members appointed after the 2010 amendments must also ensure the membership composition meets the gender requirement of at least two men and two women (section 9(2)). The Governor may remove a member for misconduct, failure or incapacity, contravention of appointment conditions, or if serious irregularities occur in the Board’s affairs (section 10(4)).

For publishers of material of South Australian origin or particular relevance, compliance with section 35 is critical. Within one month of publication, a copy must be provided to the Board and a copy to the Parliamentary Librarian at the publisher’s expense. If the material appears in multiple formats of differing quality, the finest quality copy must be lodged (unless provided in electronic form where permitted). Electronic copies are only allowed if the material is prescribed by regulation, or with the written agreement of the Board (for its copy) or the Parliamentary Librarian (for their copy). Exemptions from the Parliamentary Library obligation may be granted by the Parliamentary Librarian by notice in writing (section 35(2)). Receipts must be obtained.

For local councils, compliance involves ensuring that any public library they operate meets the no-direct-lending-charge requirement if they wish to receive subsidies at the full amount. If charges are imposed, the subsidy will be reduced by estimated revenue (section 21(2)). Councils should also ensure they nominate qualified persons for Board membership when called upon, and that those nominees meet the criteria in section 9(1)(a). Councils operating libraries should ensure that authorised officers appointed by the Minister have access to library premises and that staff co-operate with them.

For persons using library materials, compliance with conditions published in the Gazette under section 37 is essential. Conditions may relate to borrowing periods, care of materials, and fines for breach. A person who refuses or fails to pay a fine demanded by the Board commits an offence; therefore, paying the fine promptly is the recommended course. Users must also comply with any directions given by authorised officers for maintaining good order, leaving the premises if required, and not hindering officers.

For persons in trade or business who use names, logos or titles associated with the Board (particularly “State Library of South Australia” or any declared official insignia), obtaining the Board’s consent in writing is mandatory before using the insignia for promotion, sale of goods, or assuming a name that includes it (section 28). Consent may be conditional and may require payment. Unauthorised use can lead to seizure of goods, injunction, compensation orders, and a fine of up to $20,000.

For delegates exercising delegated functions, the primary compliance obligation is to avoid acting in any matter in which they have a direct or indirect pecuniary or personal interest. If a delegate becomes aware of such an interest, they should refrain from acting and notify the Board. The defence of unawareness is available only if the delegate proves they were unaware at the time of the alleged offence (section 13B(5)). Where further delegation is permitted, the delegate must ensure it is in writing and consistent with the original delegation instrument.

For authorised officers who are not police officers, carrying the identity card and producing it upon request is mandatory (section 23(5)). The officer must also be aware of any conditions or limitations in the instrument of appointment. On ceasing to be an authorised officer, the identity card must be returned to the Minister immediately (section 23(6)). Officers should exercise powers only on reasonable suspicion of an offence, and should document the basis for that suspicion. Force must be reasonable and proportionate.