Part 1
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Commonwealth legislation
**What this instrument does (mechanics)
Names and authority: It is a set of regulations made under the National Library Act 1960 (reg 1, reg 3).
Prescribes a financial limit for certain asset transactions: it fixes the monetary threshold of $2,000,000 for the Library’s purchase/disposal power referenced to the Act (reg 6).
Allows controlled sale/supply of alcohol on Library premises: the Director‑General may authorise persons or classes to sell or supply liquor, and must set where, when and any conditions for that authorisation (regs 7–9, especially reg 8). Selling or supplying liquor without authorisation, or in breach of conditions, is an offence (reg 9).
Establishes on‑site control powers and offences to protect the collection and premises: the Director‑General may appoint authorised officers, who are given powers to direct people to leave, prohibit entry, inspect or require deposit of certain items, control photography and require deletion of prohibited photos (regs 12–19). Many specific acts are criminalised on Library property (damage, unauthorised removal, prohibited articles, food/drink in non‑designated areas, selling goods, smoking, animals, dangerous items) with standard penalties set (commonly 5 penalty units) (regs 24–31, 25–31).
Allows the Director‑General to make Director‑General notices as legislative instruments that set prohibitions/conditions on Library property or material; failure to comply with displayed notices is an offence (reg 20).
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Direct links to the current provisions in National Library Regulations 2018.
This instrument is the National Library Regulations 2018.
This instrument is made under the National Library Act 1960.
(1) In this instrument:
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Council;
(b) Director‑General;
(c) Library;
(d) library material.
Act means the National Library Act 1960.
assistance animal has the same meaning as in the Disability Discrimination Act 1992.
authorised liquor supplier means a person authorised under subsection 8(1) to sell liquor.
authorised officer means:
(a) the Director‑General; or
(b) a person appointed under subsection 12(1) to be an authorised officer.
Classification Act means the Classification (Publications, Films and Computer Games) Act 1995.
Director‑General notice has the meaning given by subsection 20(1).
electronic Library material means library material that forms part of the Library collection and is in electronic form.
high classification means:
(a) for a publication (within the meaning of the Classification Act)—a classification of Category 1 restricted, Category 2 restricted or RC; or
(b) for a film (within the meaning of that Act)—a classification of MA 15+, R 18+, X 18+ or RC; or
(c) for a computer game (within the meaning of that Act)—a classification of MA 15+, R 18+ or RC.
Library building means a building owned by or under the control of the Library.
Library collection material means library material that forms part of the Library collection and that is on or in Library property.
Library premises means premises in the Australian Capital Territory owned by or under the control of the Library.
Library property means land and buildings owned by or under the control of the Library.
liquor has the same meaning as in subsection 27A(3) of the Act.
loan record, in relation to an item of library material, means a record, held by the Library, of:
(a) the identity of the item; and
(b) the full name and address of the person to whom the item has been lent; and
(c) the date on which the item was lent; and
(d) the date on which the item is to be returned to the Library.
prohibited article means:
(a) an implement, other than a pen or pencil, that could be used to damage or conceal library material; or
(b) a camera or associated equipment; or
Example: Associated equipment includes a tripod or selfie stick.
(c) a bag, case, parcel or other container that cannot be wholly enclosed in either:
(i) a cube each edge of which is 300 millimetres long; or
(ii) a cube of a size determined by the Director‑General under subsection (3).
reading room means an area in a Library building supervised by any or all of the following persons where library material forming part of the Library’s collection is lent to, and used by, visitors to the Library:
(a) staff members;
(b) persons employed under contract with the Library; or
(c) persons employed or engaged by persons mentioned in paragraph (b); or
(d) volunteers engaged by the Library to assist the Library.
staff member means a member of the staff of the Library.
vehicle includes a motor vehicle, motorcycle, bicycle or a similar device for transportation.
(2) A reference in this instrument to Library property includes a reference to a part of any such Library property. (3) The Director‑General may, by legislative instrument, determine the size of a cube for the purposes of subparagraph (c)(ii) of the definition of prohibited article.
For the purposes of paragraphs 24(1)(a) to (e) of the Act, $2,000,000 is prescribed.
This Part is made for the purposes of subsection 27A(1) of the Act.
(1) The Director‑General may, in writing, authorise a person, or a class of persons, to sell or supply liquor on or in Library premises. (2) The Director‑General must specify in the authorisation: (a) the parts of Library premises where liquor may be sold or supplied; and (b) the hours during which liquor may be sold or supplied. (3) The Director‑General may specify in the authorisation conditions to which it is subject.
Authorisations (1) A person commits an offence if the person: (a) is on or in Library premises; and (b) sells or supplies liquor.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply to a person: (a) selling or supplying liquor if the person is authorised to do so under subsection 8(1); or (b) supplying liquor (other than by selling it) if the liquor was sold or supplied to that person on or in Library premises by an authorised liquor supplier.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
(3) A person commits an offence if the person: (a) is on or in Library premises; and (b) is an authorised liquor supplier; and (c) sells or supplies liquor; and (d) does not comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 8(2) or (3).
Penalty: 5 penalty units.
Adulterated liquor (4) A person commits an offence if: (a) the person is on or in Library premises; and (b) the person sells or supplies liquor; and (c) the liquor is adulterated.
Penalty: 5 penalty units.
Intoxicated persons and minors (5) A person commits an offence if: (a) the person is on or in Library premises; and (b) the person sells or supplies liquor to another person; and (c) the other person is: (i) intoxicated; or (ii) under 18.
Penalty: 5 penalty units.
(6) A person may refuse to sell or supply liquor to another person on or in Library premises if the other person does not satisfy the first person of the other person’s age.
(1) A person commits an offence if the person: (a) is on or in Library premises; and (b) buys or obtains liquor; and (c) is under 18.
Penalty: 5 penalty units.
(2) A person commits an offence if: (a) the person sends another person to buy or obtain liquor; and (b) the place to which the other person is sent to buy or obtain liquor is Library premises; and (c) the other person is under 18.
Penalty for contravention of this subsection: 5 penalty units.
This instrument is the National Library Regulations 2018.
This instrument is made under the National Library Act 1960.
(1) In this instrument:
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Council;
(b) Director‑General;
(c) Library;
(d) library material.
Act means the National Library Act 1960.
assistance animal has the same meaning as in the Disability Discrimination Act 1992.
authorised liquor supplier means a person authorised under subsection 8(1) to sell liquor.
authorised officer means:
(a) the Director‑General; or
(b) a person appointed under subsection 12(1) to be an authorised officer.
Classification Act means the Classification (Publications, Films and Computer Games) Act 1995.
Director‑General notice has the meaning given by subsection 20(1).
electronic Library material means library material that forms part of the Library collection and is in electronic form.
high classification means:
(a) for a publication (within the meaning of the Classification Act)—a classification of Category 1 restricted, Category 2 restricted or RC; or
(b) for a film (within the meaning of that Act)—a classification of MA 15+, R 18+, X 18+ or RC; or
(c) for a computer game (within the meaning of that Act)—a classification of MA 15+, R 18+ or RC.
Library building means a building owned by or under the control of the Library.
Library collection material means library material that forms part of the Library collection and that is on or in Library property.
Library premises means premises in the Australian Capital Territory owned by or under the control of the Library.
Library property means land and buildings owned by or under the control of the Library.
liquor has the same meaning as in subsection 27A(3) of the Act.
loan record, in relation to an item of library material, means a record, held by the Library, of:
(a) the identity of the item; and
(b) the full name and address of the person to whom the item has been lent; and
(c) the date on which the item was lent; and
(d) the date on which the item is to be returned to the Library.
prohibited article means:
(a) an implement, other than a pen or pencil, that could be used to damage or conceal library material; or
(b) a camera or associated equipment; or
Example: Associated equipment includes a tripod or selfie stick.
(c) a bag, case, parcel or other container that cannot be wholly enclosed in either:
(i) a cube each edge of which is 300 millimetres long; or
(ii) a cube of a size determined by the Director‑General under subsection (3).
reading room means an area in a Library building supervised by any or all of the following persons where library material forming part of the Library’s collection is lent to, and used by, visitors to the Library:
(a) staff members;
(b) persons employed under contract with the Library; or
(c) persons employed or engaged by persons mentioned in paragraph (b); or
(d) volunteers engaged by the Library to assist the Library.
staff member means a member of the staff of the Library.
vehicle includes a motor vehicle, motorcycle, bicycle or a similar device for transportation.
(2) A reference in this instrument to Library property includes a reference to a part of any such Library property. (3) The Director‑General may, by legislative instrument, determine the size of a cube for the purposes of subparagraph (c)(ii) of the definition of prohibited article.
For the purposes of paragraphs 24(1)(a) to (e) of the Act, $2,000,000 is prescribed.
This Part is made for the purposes of subsection 27A(1) of the Act.
(1) The Director‑General may, in writing, authorise a person, or a class of persons, to sell or supply liquor on or in Library premises. (2) The Director‑General must specify in the authorisation: (a) the parts of Library premises where liquor may be sold or supplied; and (b) the hours during which liquor may be sold or supplied. (3) The Director‑General may specify in the authorisation conditions to which it is subject.
Authorisations (1) A person commits an offence if the person: (a) is on or in Library premises; and (b) sells or supplies liquor.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply to a person: (a) selling or supplying liquor if the person is authorised to do so under subsection 8(1); or (b) supplying liquor (other than by selling it) if the liquor was sold or supplied to that person on or in Library premises by an authorised liquor supplier.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
(3) A person commits an offence if the person: (a) is on or in Library premises; and (b) is an authorised liquor supplier; and (c) sells or supplies liquor; and (d) does not comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 8(2) or (3).
Penalty: 5 penalty units.
Adulterated liquor (4) A person commits an offence if: (a) the person is on or in Library premises; and (b) the person sells or supplies liquor; and (c) the liquor is adulterated.
Penalty: 5 penalty units.
Intoxicated persons and minors (5) A person commits an offence if: (a) the person is on or in Library premises; and (b) the person sells or supplies liquor to another person; and (c) the other person is: (i) intoxicated; or (ii) under 18.
Penalty: 5 penalty units.
(6) A person may refuse to sell or supply liquor to another person on or in Library premises if the other person does not satisfy the first person of the other person’s age.
(1) A person commits an offence if the person: (a) is on or in Library premises; and (b) buys or obtains liquor; and (c) is under 18.
Penalty: 5 penalty units.
(2) A person commits an offence if: (a) the person sends another person to buy or obtain liquor; and (b) the place to which the other person is sent to buy or obtain liquor is Library premises; and (c) the other person is under 18.
Penalty for contravention of this subsection: 5 penalty units.
This Part is made for the purposes of section 27B of the Act.
Appointment of authorised officers (1) The Director‑General may, by instrument in writing, appoint any of the following persons to be an authorised officer if the Director‑General is reasonably satisfied that the person has received appropriate training: (a) a staff member; (b) a person employed under contract with the Library; (c) a person employed or engaged by a person mentioned in paragraph (b). Identity cards (2) The Director‑General must issue an identity card to an authorised officer appointed under subsection (1). (3) The identity card must: (a) be in the form (if any) approved by the Director‑General; and (b) contain a recent photograph of the person to whom it is issued. (4) An authorised officer must carry the identity card at all times when performing functions or exercising powers as an authorised officer. (5) A person commits an offence of strict liability if: (a) the person ceases to be an authorised officer; and (b) the person does not, within 14 days of so ceasing, return the person’s identity card to the Director‑General.
Penalty: 1 penalty unit.
(6) Subsection (5) does not apply if the identity card was lost or destroyed.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.
(1) An authorised officer may prohibit a person (the first person) or a group of persons from entering Library property if the authorised officer has reasonable grounds for believing that: (a) the first person or group has, under section 14, been directed to leave Library property on one or more occasions; or (b) the safety of another person will be, or is likely to be, endangered by the presence of the first person or the group on or in Library property; or (c) the conduct of the first person or group on or in Library property will cause, or is likely to cause, offence to another person; or (d) the first person or group is likely to commit an offence against this instrument. (2) An authorised officer may prohibit a person or a group of persons from entering Library property if the authorised officer has reasonable grounds for believing that the safety of the person or group on or in Library property will be, or is likely to be, endangered for any reason.
Note: Applications may be made to the Administrative Review Tribunal for review of an authorised officer’s decision (see section 34).
(1) An authorised officer may direct a person (the first person) or group of persons to leave Library property if the authorised officer has reasonable grounds for believing that: (a) another person is, or may be, endangered by the continued presence of the first person or group on or in Library property; or (b) the conduct of the first person or group on or in Library property is likely to cause offence to another person; or (c) the first person or group: (i) intends to commit, is committing, or has committed, an offence against this instrument; or (ii) has engaged in conduct that obstructs, disturbs or annoys another person on or in Library property; or (iii) has engaged in conduct that destroys, alters or erases a computer program on a computer, computer system or part of a computer system that is owned by or under the control of the Library. (2) An authorised officer may direct a person or group of persons to leave Library property if the authorised officer has reasonable grounds for believing that the safety of the person or group on or in Library property is endangered for any reason.
An authorised officer may direct a person who is apparently in charge of a vehicle that is on or in Library property: (a) to park the vehicle in a specified place on or in Library property; or (b) not to park the vehicle on or in Library property; or (c) not to park the vehicle in a specified place on or in Library property.
(1) An authorised officer may direct a person who is carrying an article on or in Library property to submit the article for inspection, if the article appears to the authorised officer to be a prohibited article. (2) An authorised officer may direct a person who is carrying an article on or in Library property to leave the article in an area designated for prohibited articles, if the article appears to the authorised officer to be a prohibited article.
An authorised officer may direct a person who is on or in Library property: (a) not to take any photographs while on or in Library property; or (b) not to take photographs of specified Library collection material.
(1) This section applies if an authorised officer has reasonable grounds to believe that a person has taken a photograph on or in any Library property in contravention of: (a) any direction by an authorised officer under this Division; or (b) a prohibition, condition or restriction in a Director‑General notice; in relation to the taking of photographs. (2) The authorised officer may direct the person to delete or destroy the photograph.
A person commits an offence if: (a) the person is on or in Library property; and (b) an authorised officer gives the person a direction under this Division; and (c) the person does not comply with the direction.
Penalty: 5 penalty units.
(1) The Director‑General may, by legislative instrument, issue a notice (a Director‑General notice) in accordance with subsection (2). (2) The notice must: (a) be set out in the legislative instrument; and (b) state that it is issued by the authority of the Director‑General; and (c) specify a prohibition, condition or restriction relating to Library property or library material that is owned by or under the control of the Library. (3) A person commits an offence if: (a) the person is on or in Library property; and (b) a copy of a Director‑General notice is displayed in accordance with subsection (4); and (c) a prohibition, condition or restriction specified in the notice applies to the person; and (d) the person does not comply with the prohibition, condition or restriction.
Penalty: 5 penalty units.
(4) For the purposes of paragraph (3)(b), the notice must be clearly displayed: (a) in a way that gives adequate notice to the public of the prohibition, condition or restriction; and (b) at either or both of the following: (i) the entrance to the area of the Library property to which the notice relates; (ii) the location to which the notice relates.
(1) The Director‑General may, in writing, direct that access to, or use of, an item of: (a) Library collection material; or (b) electronic Library material; is prohibited, or subject to conditions specified in the direction, if subsection (2), (3) or (5) applies in relation to the item.
Note: Applications may be made to the Administrative Review Tribunal for review of the Director‑General’s decision (see section 34).
Damage to item, or breach of agreement, from access or use of item (2) This subsection applies in relation to an item if the Director‑General has reasonable grounds to believe that access or use of the item: (a) in the case of an item of Library collection material—could result in damage to the item; or (b) would be in breach of an agreement that applies to use of the item. Item with high classification (3) This subsection applies in relation to an item if the item has: (a) been classified under the Classification Act by the Classification Board with a high classification; or (b) if the item has not been classified by the Classification Board—the Director‑General is reasonably satisfied the item would be classified by the Classification Board with a high classification if the item were to be classified by the Board. (4) For the purposes of paragraph (3)(b), the Director‑General must consider: (a) the National Classification Code (within the meaning of the Classification Act); and (b) any classification guidelines made under section 12 of the Classification Act, as in force from time to time, that apply in relation to the item. Other grounds (5) This subsection applies in relation to an item if the item is, or is likely to be, connected with legal proceedings (including the outcome of such proceedings).
An authorised officer may refuse to allow access to, or use of, an item of Library collection material or electronic Library material if the officer has reasonable grounds to believe that access or use: (a) in the case of an item of Library collection material—could result in damage to the item; or (b) would be in breach of an agreement that applies to use of the item; or (c) would contravene a direction issued under subsection 21(1) or 24.
Note: Applications may be made to the Administrative Review Tribunal for review of an authorised officer’s decision (see section 34).
(1) The Council or an authorised officer may, in writing, direct a person using a unique or rare item of Library collection material or electronic Library material: (a) not to produce a facsimile of the item or part of the item without the written permission of the Council or an authorised person; or (b) to give written notice to the Council or the authorised officer (as the case requires) of any intention to publish matter from the item in any form. (2) A person commits an offence if: (a) the Council or an authorised officer gives the person a direction under subsection (1); and (b) the person does not comply with the direction.
Penalty: 5 penalty units.
(3) The Council or an authorised person may, in writing, direct a person publishing matter from a unique or rare item of Library collection material or electronic Library material to acknowledge the source of the matter in a manner approved, in writing, by the Council or authorised person. (4) A person commits an offence if: (a) the Council or an authorised officer gives the person a direction under subsection (3); and (b) the person does not comply with the direction.
Penalty for contravention of this subsection: 5 penalty units.
(1) A person commits an offence if: (a) the person: (i) removes an item of library material from a storage area or a reading room; or (ii) places anything on an item of library material to copy or trace the library material; and (b) the library material is Library collection material.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply if the person has a written permission from an authorised officer for the relevant conduct.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
(3) A person commits an offence if: (a) the person removes an item of library material from property; and (b) the property is Library property; and (c) the library material is Library collection material.
Penalty: 5 penalty units.
(4) Subsection (3) does not apply if the person: (a) has a written permission from an authorised officer for the relevant conduct; or (b) has a loan record for the item approved by an authorised officer.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.
(5) A person commits an offence if: (a) the person handles an item of library material; and (b) the handling is likely to damage the library material; and (c) the library material is Library collection material.
Penalty: 5 penalty units.
(6) This section does not apply to a person approved, in writing, by the Director‑General to undertake work for the purposes of maintaining and developing Library collection material.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.
(1) A person commits an offence if the person: (a) is on or in Library property; and (b) interferes with library material; and (c) the library material is owned by or under the control of the Library.
Penalty: 5 penalty units.
(2) A person commits an offence if: (a) the person is on or in Library property; and (b) the person engages in conduct; and (c) the conduct damages library material; and (d) the library material is owned by or under the control of the Library.
Penalty: 5 penalty units.
(3) Recklessness or negligence is the fault element for the result mentioned in paragraph (2)(c). (4) A person commits an offence if: (a) the person: (i) attaches an article to a building, wall or fence; or (ii) writes on a building, fixture, fitting, wall or fence; and (b) the building is a Library building, or the wall, fence, fixture or fitting is on or in Library property.
Penalty: 5 penalty units.
(5) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct damages a building, fixture, fitting, wall, fence, plant or garden; and (c) the building is a Library building, or the wall, fence, fixture, fitting, plant or garden is on or in Library property.
Penalty: 5 penalty units.
(6) Recklessness or negligence is the fault element for the result mentioned in paragraph (5)(b). (7) This section does not limit section 132.8A of the Criminal Code (about damaging or destroying Commonwealth property).
(1) A person commits an offence if: (a) the person: (i) brings a projectile or an inflammable or explosive article or substance on to property; or (ii) has in the person’s possession a projectile or an inflammable or explosive article or substance on property; and (b) the property is Library property.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply if the person has a written permission from an authorised officer for the relevant conduct.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
A person commits an offence if the person: (a) is on or in Library property; and (b) engages in conduct that exposes or causes to be exposed for show, sale or hire any article for use or consumption by a member of the public.
Penalty: 5 penalty units.
(1) A person commits an offence if: (a) the person allows an animal belonging to the person, or in the person’s charge, to enter or remain in a building; and (b) the building is a Library building.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply if: (a) the person is a person with a disability (within the meaning of the Disability Discrimination Act 1992) and the animal is an assistance animal; or (b) the person is a member of a police force acting in accordance with the person’s duties.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
(3) A person commits an offence if: (a) the person allows an assistance animal belonging to the person, or in the person’s charge, to enter or remain in a building; and (b) the building is a Library building; and (c) the animal is not restrained on a lead or by other reasonable means.
Penalty for contravention of this subsection: 5 penalty units.
(1) A person commits an offence if: (a) the person: (i) brings food or liquid into a building; or (ii) consumes food or liquid in a building; and (b) the building is a Library building.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply: (a) if the food or liquid is medication; or (b) to bringing water into a Library building if the water is in a sealed and transparent container; or (c) to bringing food or liquid into, or consuming food or liquid in, an area designated for consuming food or liquid.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
A person commits an offence if the person: (a) is on or in Library property; and (b) smokes in an area that is not designated for smoking.
Penalty: 5 penalty units.
(1) A person commits an offence if: (a) the person: (i) brings a prohibited article into a building; or (ii) uses a prohibited article in a building; and (b) the building is a Library building.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply to: (a) bringing a prohibited article into a Library building if the person deposits the item, as soon as practicable, at the place in the Library building designated by the Director‑General for that purpose; or (b) bringing a camera or camera bag into a Library building, or using a camera, for non‑commercial purposes.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
(1) It is a defence to a prosecution under Part 3 or this Part that, when the relevant conduct was engaged in, the Director‑General had consented, in writing, to the conduct. (2) It is a defence to a prosecution under Part 3 or this Part that the person accused of the offence is: (a) a member of the Council; or (b) the Director‑General; or (c) a staff member; or (d) a person engaged as a consultant to the Library; or (e) a person employed under contract with the Library; or (f) a person employed or engaged by a person mentioned in paragraph (e); or (g) a volunteer engaged by the Library to assist the Library; acting in accordance with the person’s duties.
Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.
(1) The Director‑General may, in writing, delegate any or all of the Director‑General’s powers under this instrument to an SES employee, or acting SES employee, in the Library.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
(2) In exercising powers under a delegation under subsection (1), the delegate must comply with any directions of the Director‑General.
Applications may be made to the Administrative Review Tribunal for review of a decision of: (a) an authorised officer under section 13 to prohibit entry on to Library property; or (b) the Director‑General under subsection 21(1) to direct that the access to, or use of, an item of Library collection material or electronic Library material be prohibited or subject to conditions; or (c) an authorised officer under section 22 to refuse to allow access to, or use of, an item of Library collection material or electronic Library material.
In this Part:
old regulations means the National Library Regulations 1994, as in force immediately before the commencement of this section.
An authority: (a) given under subregulation 13(1) of the old regulations; and (b) in force immediately before the commencement of this section; has effect, from that commencement, as if it were an authorisation given under section 8 of this instrument.
A person who was an authorised person for the purposes of the old regulations immediately before the commencement of this section is, from that commencement, taken to be an authorised officer for the purposes of this instrument.
A notice: (a) issued by the authority of the Director‑General in accordance with subregulation 9(1) of the old regulations; and (b) in force immediately before the commencement of this section; has effect, from that commencement, as if it had been issued as a Director‑General notice under subsection 20(1) of this instrument.
A direction: (a) issued under subregulation 19(1) of the old regulations; and (b) in force immediately before the commencement of this section; has effect, from that commencement, as if it had been issued as a direction under subsection 21(1) of this instrument.
A direction: (a) issued under regulation 20 of the old regulations; and (b) in force immediately before the commencement of this section; has effect, from that commencement, as if it had been issued as a direction under section 23 of this instrument.
For the purposes of subsection 32(1), it does not matter whether consent was given before, on or after the commencement of this section.
This instrument is the National Library Regulations 2018.
This instrument is made under the National Library Act 1960.
(1) In this instrument:
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Council;
(b) Director‑General;
(c) Library;
(d) library material.
Act means the National Library Act 1960.
assistance animal has the same meaning as in the Disability Discrimination Act 1992.
authorised liquor supplier means a person authorised under subsection 8(1) to sell liquor.
authorised officer means:
(a) the Director‑General; or
(b) a person appointed under subsection 12(1) to be an authorised officer.
Classification Act means the Classification (Publications, Films and Computer Games) Act 1995.
Director‑General notice has the meaning given by subsection 20(1).
electronic Library material means library material that forms part of the Library collection and is in electronic form.
high classification means:
(a) for a publication (within the meaning of the Classification Act)—a classification of Category 1 restricted, Category 2 restricted or RC; or
(b) for a film (within the meaning of that Act)—a classification of MA 15+, R 18+, X 18+ or RC; or
(c) for a computer game (within the meaning of that Act)—a classification of MA 15+, R 18+ or RC.
Library building means a building owned by or under the control of the Library.
Library collection material means library material that forms part of the Library collection and that is on or in Library property.
Library premises means premises in the Australian Capital Territory owned by or under the control of the Library.
Library property means land and buildings owned by or under the control of the Library.
liquor has the same meaning as in subsection 27A(3) of the Act.
loan record, in relation to an item of library material, means a record, held by the Library, of:
(a) the identity of the item; and
(b) the full name and address of the person to whom the item has been lent; and
(c) the date on which the item was lent; and
(d) the date on which the item is to be returned to the Library.
prohibited article means:
(a) an implement, other than a pen or pencil, that could be used to damage or conceal library material; or
(b) a camera or associated equipment; or
Example: Associated equipment includes a tripod or selfie stick.
(c) a bag, case, parcel or other container that cannot be wholly enclosed in either:
(i) a cube each edge of which is 300 millimetres long; or
(ii) a cube of a size determined by the Director‑General under subsection (3).
reading room means an area in a Library building supervised by any or all of the following persons where library material forming part of the Library’s collection is lent to, and used by, visitors to the Library:
(a) staff members;
(b) persons employed under contract with the Library; or
(c) persons employed or engaged by persons mentioned in paragraph (b); or
(d) volunteers engaged by the Library to assist the Library.
staff member means a member of the staff of the Library.
vehicle includes a motor vehicle, motorcycle, bicycle or a similar device for transportation.
(2) A reference in this instrument to Library property includes a reference to a part of any such Library property. (3) The Director‑General may, by legislative instrument, determine the size of a cube for the purposes of subparagraph (c)(ii) of the definition of prohibited article.
For the purposes of paragraphs 24(1)(a) to (e) of the Act, $2,000,000 is prescribed.
This Part is made for the purposes of subsection 27A(1) of the Act.
(1) The Director‑General may, in writing, authorise a person, or a class of persons, to sell or supply liquor on or in Library premises. (2) The Director‑General must specify in the authorisation: (a) the parts of Library premises where liquor may be sold or supplied; and (b) the hours during which liquor may be sold or supplied. (3) The Director‑General may specify in the authorisation conditions to which it is subject.
Authorisations (1) A person commits an offence if the person: (a) is on or in Library premises; and (b) sells or supplies liquor.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply to a person: (a) selling or supplying liquor if the person is authorised to do so under subsection 8(1); or (b) supplying liquor (other than by selling it) if the liquor was sold or supplied to that person on or in Library premises by an authorised liquor supplier.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
(3) A person commits an offence if the person: (a) is on or in Library premises; and (b) is an authorised liquor supplier; and (c) sells or supplies liquor; and (d) does not comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 8(2) or (3).
Penalty: 5 penalty units.
Adulterated liquor (4) A person commits an offence if: (a) the person is on or in Library premises; and (b) the person sells or supplies liquor; and (c) the liquor is adulterated.
Penalty: 5 penalty units.
Intoxicated persons and minors (5) A person commits an offence if: (a) the person is on or in Library premises; and (b) the person sells or supplies liquor to another person; and (c) the other person is: (i) intoxicated; or (ii) under 18.
Penalty: 5 penalty units.
(6) A person may refuse to sell or supply liquor to another person on or in Library premises if the other person does not satisfy the first person of the other person’s age.
(1) A person commits an offence if the person: (a) is on or in Library premises; and (b) buys or obtains liquor; and (c) is under 18.
Penalty: 5 penalty units.
(2) A person commits an offence if: (a) the person sends another person to buy or obtain liquor; and (b) the place to which the other person is sent to buy or obtain liquor is Library premises; and (c) the other person is under 18.
Penalty for contravention of this subsection: 5 penalty units.
This Part is made for the purposes of section 27B of the Act.
Appointment of authorised officers (1) The Director‑General may, by instrument in writing, appoint any of the following persons to be an authorised officer if the Director‑General is reasonably satisfied that the person has received appropriate training: (a) a staff member; (b) a person employed under contract with the Library; (c) a person employed or engaged by a person mentioned in paragraph (b). Identity cards (2) The Director‑General must issue an identity card to an authorised officer appointed under subsection (1). (3) The identity card must: (a) be in the form (if any) approved by the Director‑General; and (b) contain a recent photograph of the person to whom it is issued. (4) An authorised officer must carry the identity card at all times when performing functions or exercising powers as an authorised officer. (5) A person commits an offence of strict liability if: (a) the person ceases to be an authorised officer; and (b) the person does not, within 14 days of so ceasing, return the person’s identity card to the Director‑General.
Penalty: 1 penalty unit.
(6) Subsection (5) does not apply if the identity card was lost or destroyed.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.
(1) An authorised officer may prohibit a person (the first person) or a group of persons from entering Library property if the authorised officer has reasonable grounds for believing that: (a) the first person or group has, under section 14, been directed to leave Library property on one or more occasions; or (b) the safety of another person will be, or is likely to be, endangered by the presence of the first person or the group on or in Library property; or (c) the conduct of the first person or group on or in Library property will cause, or is likely to cause, offence to another person; or (d) the first person or group is likely to commit an offence against this instrument. (2) An authorised officer may prohibit a person or a group of persons from entering Library property if the authorised officer has reasonable grounds for believing that the safety of the person or group on or in Library property will be, or is likely to be, endangered for any reason.
Note: Applications may be made to the Administrative Review Tribunal for review of an authorised officer’s decision (see section 34).
(1) An authorised officer may direct a person (the first person) or group of persons to leave Library property if the authorised officer has reasonable grounds for believing that: (a) another person is, or may be, endangered by the continued presence of the first person or group on or in Library property; or (b) the conduct of the first person or group on or in Library property is likely to cause offence to another person; or (c) the first person or group: (i) intends to commit, is committing, or has committed, an offence against this instrument; or (ii) has engaged in conduct that obstructs, disturbs or annoys another person on or in Library property; or (iii) has engaged in conduct that destroys, alters or erases a computer program on a computer, computer system or part of a computer system that is owned by or under the control of the Library. (2) An authorised officer may direct a person or group of persons to leave Library property if the authorised officer has reasonable grounds for believing that the safety of the person or group on or in Library property is endangered for any reason.
An authorised officer may direct a person who is apparently in charge of a vehicle that is on or in Library property: (a) to park the vehicle in a specified place on or in Library property; or (b) not to park the vehicle on or in Library property; or (c) not to park the vehicle in a specified place on or in Library property.
(1) An authorised officer may direct a person who is carrying an article on or in Library property to submit the article for inspection, if the article appears to the authorised officer to be a prohibited article. (2) An authorised officer may direct a person who is carrying an article on or in Library property to leave the article in an area designated for prohibited articles, if the article appears to the authorised officer to be a prohibited article.
An authorised officer may direct a person who is on or in Library property: (a) not to take any photographs while on or in Library property; or (b) not to take photographs of specified Library collection material.
(1) This section applies if an authorised officer has reasonable grounds to believe that a person has taken a photograph on or in any Library property in contravention of: (a) any direction by an authorised officer under this Division; or (b) a prohibition, condition or restriction in a Director‑General notice; in relation to the taking of photographs. (2) The authorised officer may direct the person to delete or destroy the photograph.
A person commits an offence if: (a) the person is on or in Library property; and (b) an authorised officer gives the person a direction under this Division; and (c) the person does not comply with the direction.
Penalty: 5 penalty units.
(1) The Director‑General may, by legislative instrument, issue a notice (a Director‑General notice) in accordance with subsection (2). (2) The notice must: (a) be set out in the legislative instrument; and (b) state that it is issued by the authority of the Director‑General; and (c) specify a prohibition, condition or restriction relating to Library property or library material that is owned by or under the control of the Library. (3) A person commits an offence if: (a) the person is on or in Library property; and (b) a copy of a Director‑General notice is displayed in accordance with subsection (4); and (c) a prohibition, condition or restriction specified in the notice applies to the person; and (d) the person does not comply with the prohibition, condition or restriction.
Penalty: 5 penalty units.
(4) For the purposes of paragraph (3)(b), the notice must be clearly displayed: (a) in a way that gives adequate notice to the public of the prohibition, condition or restriction; and (b) at either or both of the following: (i) the entrance to the area of the Library property to which the notice relates; (ii) the location to which the notice relates.
(1) The Director‑General may, in writing, direct that access to, or use of, an item of: (a) Library collection material; or (b) electronic Library material; is prohibited, or subject to conditions specified in the direction, if subsection (2), (3) or (5) applies in relation to the item.
Note: Applications may be made to the Administrative Review Tribunal for review of the Director‑General’s decision (see section 34).
Damage to item, or breach of agreement, from access or use of item (2) This subsection applies in relation to an item if the Director‑General has reasonable grounds to believe that access or use of the item: (a) in the case of an item of Library collection material—could result in damage to the item; or (b) would be in breach of an agreement that applies to use of the item. Item with high classification (3) This subsection applies in relation to an item if the item has: (a) been classified under the Classification Act by the Classification Board with a high classification; or (b) if the item has not been classified by the Classification Board—the Director‑General is reasonably satisfied the item would be classified by the Classification Board with a high classification if the item were to be classified by the Board. (4) For the purposes of paragraph (3)(b), the Director‑General must consider: (a) the National Classification Code (within the meaning of the Classification Act); and (b) any classification guidelines made under section 12 of the Classification Act, as in force from time to time, that apply in relation to the item. Other grounds (5) This subsection applies in relation to an item if the item is, or is likely to be, connected with legal proceedings (including the outcome of such proceedings).
An authorised officer may refuse to allow access to, or use of, an item of Library collection material or electronic Library material if the officer has reasonable grounds to believe that access or use: (a) in the case of an item of Library collection material—could result in damage to the item; or (b) would be in breach of an agreement that applies to use of the item; or (c) would contravene a direction issued under subsection 21(1) or 24.
Note: Applications may be made to the Administrative Review Tribunal for review of an authorised officer’s decision (see section 34).
(1) The Council or an authorised officer may, in writing, direct a person using a unique or rare item of Library collection material or electronic Library material: (a) not to produce a facsimile of the item or part of the item without the written permission of the Council or an authorised person; or (b) to give written notice to the Council or the authorised officer (as the case requires) of any intention to publish matter from the item in any form. (2) A person commits an offence if: (a) the Council or an authorised officer gives the person a direction under subsection (1); and (b) the person does not comply with the direction.
Penalty: 5 penalty units.
(3) The Council or an authorised person may, in writing, direct a person publishing matter from a unique or rare item of Library collection material or electronic Library material to acknowledge the source of the matter in a manner approved, in writing, by the Council or authorised person. (4) A person commits an offence if: (a) the Council or an authorised officer gives the person a direction under subsection (3); and (b) the person does not comply with the direction.
Penalty for contravention of this subsection: 5 penalty units.
(1) A person commits an offence if: (a) the person: (i) removes an item of library material from a storage area or a reading room; or (ii) places anything on an item of library material to copy or trace the library material; and (b) the library material is Library collection material.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply if the person has a written permission from an authorised officer for the relevant conduct.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
(3) A person commits an offence if: (a) the person removes an item of library material from property; and (b) the property is Library property; and (c) the library material is Library collection material.
Penalty: 5 penalty units.
(4) Subsection (3) does not apply if the person: (a) has a written permission from an authorised officer for the relevant conduct; or (b) has a loan record for the item approved by an authorised officer.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.
(5) A person commits an offence if: (a) the person handles an item of library material; and (b) the handling is likely to damage the library material; and (c) the library material is Library collection material.
Penalty: 5 penalty units.
(6) This section does not apply to a person approved, in writing, by the Director‑General to undertake work for the purposes of maintaining and developing Library collection material.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.
(1) A person commits an offence if the person: (a) is on or in Library property; and (b) interferes with library material; and (c) the library material is owned by or under the control of the Library.
Penalty: 5 penalty units.
(2) A person commits an offence if: (a) the person is on or in Library property; and (b) the person engages in conduct; and (c) the conduct damages library material; and (d) the library material is owned by or under the control of the Library.
Penalty: 5 penalty units.
(3) Recklessness or negligence is the fault element for the result mentioned in paragraph (2)(c). (4) A person commits an offence if: (a) the person: (i) attaches an article to a building, wall or fence; or (ii) writes on a building, fixture, fitting, wall or fence; and (b) the building is a Library building, or the wall, fence, fixture or fitting is on or in Library property.
Penalty: 5 penalty units.
(5) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct damages a building, fixture, fitting, wall, fence, plant or garden; and (c) the building is a Library building, or the wall, fence, fixture, fitting, plant or garden is on or in Library property.
Penalty: 5 penalty units.
(6) Recklessness or negligence is the fault element for the result mentioned in paragraph (5)(b). (7) This section does not limit section 132.8A of the Criminal Code (about damaging or destroying Commonwealth property).
(1) A person commits an offence if: (a) the person: (i) brings a projectile or an inflammable or explosive article or substance on to property; or (ii) has in the person’s possession a projectile or an inflammable or explosive article or substance on property; and (b) the property is Library property.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply if the person has a written permission from an authorised officer for the relevant conduct.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
A person commits an offence if the person: (a) is on or in Library property; and (b) engages in conduct that exposes or causes to be exposed for show, sale or hire any article for use or consumption by a member of the public.
Penalty: 5 penalty units.
(1) A person commits an offence if: (a) the person allows an animal belonging to the person, or in the person’s charge, to enter or remain in a building; and (b) the building is a Library building.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply if: (a) the person is a person with a disability (within the meaning of the Disability Discrimination Act 1992) and the animal is an assistance animal; or (b) the person is a member of a police force acting in accordance with the person’s duties.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
(3) A person commits an offence if: (a) the person allows an assistance animal belonging to the person, or in the person’s charge, to enter or remain in a building; and (b) the building is a Library building; and (c) the animal is not restrained on a lead or by other reasonable means.
Penalty for contravention of this subsection: 5 penalty units.
(1) A person commits an offence if: (a) the person: (i) brings food or liquid into a building; or (ii) consumes food or liquid in a building; and (b) the building is a Library building.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply: (a) if the food or liquid is medication; or (b) to bringing water into a Library building if the water is in a sealed and transparent container; or (c) to bringing food or liquid into, or consuming food or liquid in, an area designated for consuming food or liquid.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
A person commits an offence if the person: (a) is on or in Library property; and (b) smokes in an area that is not designated for smoking.
Penalty: 5 penalty units.
(1) A person commits an offence if: (a) the person: (i) brings a prohibited article into a building; or (ii) uses a prohibited article in a building; and (b) the building is a Library building.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply to: (a) bringing a prohibited article into a Library building if the person deposits the item, as soon as practicable, at the place in the Library building designated by the Director‑General for that purpose; or (b) bringing a camera or camera bag into a Library building, or using a camera, for non‑commercial purposes.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
(1) It is a defence to a prosecution under Part 3 or this Part that, when the relevant conduct was engaged in, the Director‑General had consented, in writing, to the conduct. (2) It is a defence to a prosecution under Part 3 or this Part that the person accused of the offence is: (a) a member of the Council; or (b) the Director‑General; or (c) a staff member; or (d) a person engaged as a consultant to the Library; or (e) a person employed under contract with the Library; or (f) a person employed or engaged by a person mentioned in paragraph (e); or (g) a volunteer engaged by the Library to assist the Library; acting in accordance with the person’s duties.
Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.
(1) The Director‑General may, in writing, delegate any or all of the Director‑General’s powers under this instrument to an SES employee, or acting SES employee, in the Library.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
(2) In exercising powers under a delegation under subsection (1), the delegate must comply with any directions of the Director‑General.
Applications may be made to the Administrative Review Tribunal for review of a decision of: (a) an authorised officer under section 13 to prohibit entry on to Library property; or (b) the Director‑General under subsection 21(1) to direct that the access to, or use of, an item of Library collection material or electronic Library material be prohibited or subject to conditions; or (c) an authorised officer under section 22 to refuse to allow access to, or use of, an item of Library collection material or electronic Library material.
In this Part:
old regulations means the National Library Regulations 1994, as in force immediately before the commencement of this section.
An authority: (a) given under subregulation 13(1) of the old regulations; and (b) in force immediately before the commencement of this section; has effect, from that commencement, as if it were an authorisation given under section 8 of this instrument.
A person who was an authorised person for the purposes of the old regulations immediately before the commencement of this section is, from that commencement, taken to be an authorised officer for the purposes of this instrument.
A notice: (a) issued by the authority of the Director‑General in accordance with subregulation 9(1) of the old regulations; and (b) in force immediately before the commencement of this section; has effect, from that commencement, as if it had been issued as a Director‑General notice under subsection 20(1) of this instrument.
A direction: (a) issued under subregulation 19(1) of the old regulations; and (b) in force immediately before the commencement of this section; has effect, from that commencement, as if it had been issued as a direction under subsection 21(1) of this instrument.
A direction: (a) issued under regulation 20 of the old regulations; and (b) in force immediately before the commencement of this section; has effect, from that commencement, as if it had been issued as a direction under section 23 of this instrument.
For the purposes of subsection 32(1), it does not matter whether consent was given before, on or after the commencement of this section.
This Part is made for the purposes of section 27B of the Act.
This instrument is the National Library Regulations 2018.
This instrument is made under the National Library Act 1960.
(1) In this instrument:
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Council;
(b) Director‑General;
(c) Library;
(d) library material.
Act means the National Library Act 1960.
assistance animal has the same meaning as in the Disability Discrimination Act 1992.
authorised liquor supplier means a person authorised under subsection 8(1) to sell liquor.
authorised officer means:
(a) the Director‑General; or
(b) a person appointed under subsection 12(1) to be an authorised officer.
Classification Act means the Classification (Publications, Films and Computer Games) Act 1995.
Director‑General notice has the meaning given by subsection 20(1).
electronic Library material means library material that forms part of the Library collection and is in electronic form.
high classification means:
(a) for a publication (within the meaning of the Classification Act)—a classification of Category 1 restricted, Category 2 restricted or RC; or
(b) for a film (within the meaning of that Act)—a classification of MA 15+, R 18+, X 18+ or RC; or
(c) for a computer game (within the meaning of that Act)—a classification of MA 15+, R 18+ or RC.
Library building means a building owned by or under the control of the Library.
Library collection material means library material that forms part of the Library collection and that is on or in Library property.
Library premises means premises in the Australian Capital Territory owned by or under the control of the Library.
Library property means land and buildings owned by or under the control of the Library.
liquor has the same meaning as in subsection 27A(3) of the Act.
loan record, in relation to an item of library material, means a record, held by the Library, of:
(a) the identity of the item; and
(b) the full name and address of the person to whom the item has been lent; and
(c) the date on which the item was lent; and
(d) the date on which the item is to be returned to the Library.
prohibited article means:
(a) an implement, other than a pen or pencil, that could be used to damage or conceal library material; or
(b) a camera or associated equipment; or
Example: Associated equipment includes a tripod or selfie stick.
(c) a bag, case, parcel or other container that cannot be wholly enclosed in either:
(i) a cube each edge of which is 300 millimetres long; or
(ii) a cube of a size determined by the Director‑General under subsection (3).
reading room means an area in a Library building supervised by any or all of the following persons where library material forming part of the Library’s collection is lent to, and used by, visitors to the Library:
(a) staff members;
(b) persons employed under contract with the Library; or
(c) persons employed or engaged by persons mentioned in paragraph (b); or
(d) volunteers engaged by the Library to assist the Library.
staff member means a member of the staff of the Library.
vehicle includes a motor vehicle, motorcycle, bicycle or a similar device for transportation.
(2) A reference in this instrument to Library property includes a reference to a part of any such Library property. (3) The Director‑General may, by legislative instrument, determine the size of a cube for the purposes of subparagraph (c)(ii) of the definition of prohibited article.
For the purposes of paragraphs 24(1)(a) to (e) of the Act, $2,000,000 is prescribed.
This Part is made for the purposes of subsection 27A(1) of the Act.
(1) The Director‑General may, in writing, authorise a person, or a class of persons, to sell or supply liquor on or in Library premises. (2) The Director‑General must specify in the authorisation: (a) the parts of Library premises where liquor may be sold or supplied; and (b) the hours during which liquor may be sold or supplied. (3) The Director‑General may specify in the authorisation conditions to which it is subject.
Authorisations (1) A person commits an offence if the person: (a) is on or in Library premises; and (b) sells or supplies liquor.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply to a person: (a) selling or supplying liquor if the person is authorised to do so under subsection 8(1); or (b) supplying liquor (other than by selling it) if the liquor was sold or supplied to that person on or in Library premises by an authorised liquor supplier.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
(3) A person commits an offence if the person: (a) is on or in Library premises; and (b) is an authorised liquor supplier; and (c) sells or supplies liquor; and (d) does not comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 8(2) or (3).
Penalty: 5 penalty units.
Adulterated liquor (4) A person commits an offence if: (a) the person is on or in Library premises; and (b) the person sells or supplies liquor; and (c) the liquor is adulterated.
Penalty: 5 penalty units.
Intoxicated persons and minors (5) A person commits an offence if: (a) the person is on or in Library premises; and (b) the person sells or supplies liquor to another person; and (c) the other person is: (i) intoxicated; or (ii) under 18.
Penalty: 5 penalty units.
(6) A person may refuse to sell or supply liquor to another person on or in Library premises if the other person does not satisfy the first person of the other person’s age.
(1) A person commits an offence if the person: (a) is on or in Library premises; and (b) buys or obtains liquor; and (c) is under 18.
Penalty: 5 penalty units.
(2) A person commits an offence if: (a) the person sends another person to buy or obtain liquor; and (b) the place to which the other person is sent to buy or obtain liquor is Library premises; and (c) the other person is under 18.
Penalty for contravention of this subsection: 5 penalty units.
This Part is made for the purposes of section 27B of the Act.
Appointment of authorised officers (1) The Director‑General may, by instrument in writing, appoint any of the following persons to be an authorised officer if the Director‑General is reasonably satisfied that the person has received appropriate training: (a) a staff member; (b) a person employed under contract with the Library; (c) a person employed or engaged by a person mentioned in paragraph (b). Identity cards (2) The Director‑General must issue an identity card to an authorised officer appointed under subsection (1). (3) The identity card must: (a) be in the form (if any) approved by the Director‑General; and (b) contain a recent photograph of the person to whom it is issued. (4) An authorised officer must carry the identity card at all times when performing functions or exercising powers as an authorised officer. (5) A person commits an offence of strict liability if: (a) the person ceases to be an authorised officer; and (b) the person does not, within 14 days of so ceasing, return the person’s identity card to the Director‑General.
Penalty: 1 penalty unit.
(6) Subsection (5) does not apply if the identity card was lost or destroyed.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.
(1) An authorised officer may prohibit a person (the first person) or a group of persons from entering Library property if the authorised officer has reasonable grounds for believing that: (a) the first person or group has, under section 14, been directed to leave Library property on one or more occasions; or (b) the safety of another person will be, or is likely to be, endangered by the presence of the first person or the group on or in Library property; or (c) the conduct of the first person or group on or in Library property will cause, or is likely to cause, offence to another person; or (d) the first person or group is likely to commit an offence against this instrument. (2) An authorised officer may prohibit a person or a group of persons from entering Library property if the authorised officer has reasonable grounds for believing that the safety of the person or group on or in Library property will be, or is likely to be, endangered for any reason.
Note: Applications may be made to the Administrative Review Tribunal for review of an authorised officer’s decision (see section 34).
(1) An authorised officer may direct a person (the first person) or group of persons to leave Library property if the authorised officer has reasonable grounds for believing that: (a) another person is, or may be, endangered by the continued presence of the first person or group on or in Library property; or (b) the conduct of the first person or group on or in Library property is likely to cause offence to another person; or (c) the first person or group: (i) intends to commit, is committing, or has committed, an offence against this instrument; or (ii) has engaged in conduct that obstructs, disturbs or annoys another person on or in Library property; or (iii) has engaged in conduct that destroys, alters or erases a computer program on a computer, computer system or part of a computer system that is owned by or under the control of the Library. (2) An authorised officer may direct a person or group of persons to leave Library property if the authorised officer has reasonable grounds for believing that the safety of the person or group on or in Library property is endangered for any reason.
An authorised officer may direct a person who is apparently in charge of a vehicle that is on or in Library property: (a) to park the vehicle in a specified place on or in Library property; or (b) not to park the vehicle on or in Library property; or (c) not to park the vehicle in a specified place on or in Library property.
(1) An authorised officer may direct a person who is carrying an article on or in Library property to submit the article for inspection, if the article appears to the authorised officer to be a prohibited article. (2) An authorised officer may direct a person who is carrying an article on or in Library property to leave the article in an area designated for prohibited articles, if the article appears to the authorised officer to be a prohibited article.
An authorised officer may direct a person who is on or in Library property: (a) not to take any photographs while on or in Library property; or (b) not to take photographs of specified Library collection material.
(1) This section applies if an authorised officer has reasonable grounds to believe that a person has taken a photograph on or in any Library property in contravention of: (a) any direction by an authorised officer under this Division; or (b) a prohibition, condition or restriction in a Director‑General notice; in relation to the taking of photographs. (2) The authorised officer may direct the person to delete or destroy the photograph.
A person commits an offence if: (a) the person is on or in Library property; and (b) an authorised officer gives the person a direction under this Division; and (c) the person does not comply with the direction.
Penalty: 5 penalty units.
(1) The Director‑General may, by legislative instrument, issue a notice (a Director‑General notice) in accordance with subsection (2). (2) The notice must: (a) be set out in the legislative instrument; and (b) state that it is issued by the authority of the Director‑General; and (c) specify a prohibition, condition or restriction relating to Library property or library material that is owned by or under the control of the Library. (3) A person commits an offence if: (a) the person is on or in Library property; and (b) a copy of a Director‑General notice is displayed in accordance with subsection (4); and (c) a prohibition, condition or restriction specified in the notice applies to the person; and (d) the person does not comply with the prohibition, condition or restriction.
Penalty: 5 penalty units.
(4) For the purposes of paragraph (3)(b), the notice must be clearly displayed: (a) in a way that gives adequate notice to the public of the prohibition, condition or restriction; and (b) at either or both of the following: (i) the entrance to the area of the Library property to which the notice relates; (ii) the location to which the notice relates.
(1) The Director‑General may, in writing, direct that access to, or use of, an item of: (a) Library collection material; or (b) electronic Library material; is prohibited, or subject to conditions specified in the direction, if subsection (2), (3) or (5) applies in relation to the item.
Note: Applications may be made to the Administrative Review Tribunal for review of the Director‑General’s decision (see section 34).
Damage to item, or breach of agreement, from access or use of item (2) This subsection applies in relation to an item if the Director‑General has reasonable grounds to believe that access or use of the item: (a) in the case of an item of Library collection material—could result in damage to the item; or (b) would be in breach of an agreement that applies to use of the item. Item with high classification (3) This subsection applies in relation to an item if the item has: (a) been classified under the Classification Act by the Classification Board with a high classification; or (b) if the item has not been classified by the Classification Board—the Director‑General is reasonably satisfied the item would be classified by the Classification Board with a high classification if the item were to be classified by the Board. (4) For the purposes of paragraph (3)(b), the Director‑General must consider: (a) the National Classification Code (within the meaning of the Classification Act); and (b) any classification guidelines made under section 12 of the Classification Act, as in force from time to time, that apply in relation to the item. Other grounds (5) This subsection applies in relation to an item if the item is, or is likely to be, connected with legal proceedings (including the outcome of such proceedings).
An authorised officer may refuse to allow access to, or use of, an item of Library collection material or electronic Library material if the officer has reasonable grounds to believe that access or use: (a) in the case of an item of Library collection material—could result in damage to the item; or (b) would be in breach of an agreement that applies to use of the item; or (c) would contravene a direction issued under subsection 21(1) or 24.
Note: Applications may be made to the Administrative Review Tribunal for review of an authorised officer’s decision (see section 34).
(1) The Council or an authorised officer may, in writing, direct a person using a unique or rare item of Library collection material or electronic Library material: (a) not to produce a facsimile of the item or part of the item without the written permission of the Council or an authorised person; or (b) to give written notice to the Council or the authorised officer (as the case requires) of any intention to publish matter from the item in any form. (2) A person commits an offence if: (a) the Council or an authorised officer gives the person a direction under subsection (1); and (b) the person does not comply with the direction.
Penalty: 5 penalty units.
(3) The Council or an authorised person may, in writing, direct a person publishing matter from a unique or rare item of Library collection material or electronic Library material to acknowledge the source of the matter in a manner approved, in writing, by the Council or authorised person. (4) A person commits an offence if: (a) the Council or an authorised officer gives the person a direction under subsection (3); and (b) the person does not comply with the direction.
Penalty for contravention of this subsection: 5 penalty units.
(1) A person commits an offence if: (a) the person: (i) removes an item of library material from a storage area or a reading room; or (ii) places anything on an item of library material to copy or trace the library material; and (b) the library material is Library collection material.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply if the person has a written permission from an authorised officer for the relevant conduct.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
(3) A person commits an offence if: (a) the person removes an item of library material from property; and (b) the property is Library property; and (c) the library material is Library collection material.
Penalty: 5 penalty units.
(4) Subsection (3) does not apply if the person: (a) has a written permission from an authorised officer for the relevant conduct; or (b) has a loan record for the item approved by an authorised officer.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.
(5) A person commits an offence if: (a) the person handles an item of library material; and (b) the handling is likely to damage the library material; and (c) the library material is Library collection material.
Penalty: 5 penalty units.
(6) This section does not apply to a person approved, in writing, by the Director‑General to undertake work for the purposes of maintaining and developing Library collection material.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.
(1) A person commits an offence if the person: (a) is on or in Library property; and (b) interferes with library material; and (c) the library material is owned by or under the control of the Library.
Penalty: 5 penalty units.
(2) A person commits an offence if: (a) the person is on or in Library property; and (b) the person engages in conduct; and (c) the conduct damages library material; and (d) the library material is owned by or under the control of the Library.
Penalty: 5 penalty units.
(3) Recklessness or negligence is the fault element for the result mentioned in paragraph (2)(c). (4) A person commits an offence if: (a) the person: (i) attaches an article to a building, wall or fence; or (ii) writes on a building, fixture, fitting, wall or fence; and (b) the building is a Library building, or the wall, fence, fixture or fitting is on or in Library property.
Penalty: 5 penalty units.
(5) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct damages a building, fixture, fitting, wall, fence, plant or garden; and (c) the building is a Library building, or the wall, fence, fixture, fitting, plant or garden is on or in Library property.
Penalty: 5 penalty units.
(6) Recklessness or negligence is the fault element for the result mentioned in paragraph (5)(b). (7) This section does not limit section 132.8A of the Criminal Code (about damaging or destroying Commonwealth property).
(1) A person commits an offence if: (a) the person: (i) brings a projectile or an inflammable or explosive article or substance on to property; or (ii) has in the person’s possession a projectile or an inflammable or explosive article or substance on property; and (b) the property is Library property.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply if the person has a written permission from an authorised officer for the relevant conduct.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
A person commits an offence if the person: (a) is on or in Library property; and (b) engages in conduct that exposes or causes to be exposed for show, sale or hire any article for use or consumption by a member of the public.
Penalty: 5 penalty units.
(1) A person commits an offence if: (a) the person allows an animal belonging to the person, or in the person’s charge, to enter or remain in a building; and (b) the building is a Library building.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply if: (a) the person is a person with a disability (within the meaning of the Disability Discrimination Act 1992) and the animal is an assistance animal; or (b) the person is a member of a police force acting in accordance with the person’s duties.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
(3) A person commits an offence if: (a) the person allows an assistance animal belonging to the person, or in the person’s charge, to enter or remain in a building; and (b) the building is a Library building; and (c) the animal is not restrained on a lead or by other reasonable means.
Penalty for contravention of this subsection: 5 penalty units.
(1) A person commits an offence if: (a) the person: (i) brings food or liquid into a building; or (ii) consumes food or liquid in a building; and (b) the building is a Library building.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply: (a) if the food or liquid is medication; or (b) to bringing water into a Library building if the water is in a sealed and transparent container; or (c) to bringing food or liquid into, or consuming food or liquid in, an area designated for consuming food or liquid.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
A person commits an offence if the person: (a) is on or in Library property; and (b) smokes in an area that is not designated for smoking.
Penalty: 5 penalty units.
(1) A person commits an offence if: (a) the person: (i) brings a prohibited article into a building; or (ii) uses a prohibited article in a building; and (b) the building is a Library building.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply to: (a) bringing a prohibited article into a Library building if the person deposits the item, as soon as practicable, at the place in the Library building designated by the Director‑General for that purpose; or (b) bringing a camera or camera bag into a Library building, or using a camera, for non‑commercial purposes.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
(1) It is a defence to a prosecution under Part 3 or this Part that, when the relevant conduct was engaged in, the Director‑General had consented, in writing, to the conduct. (2) It is a defence to a prosecution under Part 3 or this Part that the person accused of the offence is: (a) a member of the Council; or (b) the Director‑General; or (c) a staff member; or (d) a person engaged as a consultant to the Library; or (e) a person employed under contract with the Library; or (f) a person employed or engaged by a person mentioned in paragraph (e); or (g) a volunteer engaged by the Library to assist the Library; acting in accordance with the person’s duties.
Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.
(1) The Director‑General may, in writing, delegate any or all of the Director‑General’s powers under this instrument to an SES employee, or acting SES employee, in the Library.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
(2) In exercising powers under a delegation under subsection (1), the delegate must comply with any directions of the Director‑General.
Applications may be made to the Administrative Review Tribunal for review of a decision of: (a) an authorised officer under section 13 to prohibit entry on to Library property; or (b) the Director‑General under subsection 21(1) to direct that the access to, or use of, an item of Library collection material or electronic Library material be prohibited or subject to conditions; or (c) an authorised officer under section 22 to refuse to allow access to, or use of, an item of Library collection material or electronic Library material.
In this Part:
old regulations means the National Library Regulations 1994, as in force immediately before the commencement of this section.
An authority: (a) given under subregulation 13(1) of the old regulations; and (b) in force immediately before the commencement of this section; has effect, from that commencement, as if it were an authorisation given under section 8 of this instrument.
A person who was an authorised person for the purposes of the old regulations immediately before the commencement of this section is, from that commencement, taken to be an authorised officer for the purposes of this instrument.
A notice: (a) issued by the authority of the Director‑General in accordance with subregulation 9(1) of the old regulations; and (b) in force immediately before the commencement of this section; has effect, from that commencement, as if it had been issued as a Director‑General notice under subsection 20(1) of this instrument.
A direction: (a) issued under subregulation 19(1) of the old regulations; and (b) in force immediately before the commencement of this section; has effect, from that commencement, as if it had been issued as a direction under subsection 21(1) of this instrument.
A direction: (a) issued under regulation 20 of the old regulations; and (b) in force immediately before the commencement of this section; has effect, from that commencement, as if it had been issued as a direction under section 23 of this instrument.
For the purposes of subsection 32(1), it does not matter whether consent was given before, on or after the commencement of this section.
Appointment of authorised officers (1) The Director‑General may, by instrument in writing, appoint any of the following persons to be an authorised officer if the Director‑General is reasonably satisfied that the person has received appropriate training: (a) a staff member; (b) a person employed under contract with the Library; (c) a person employed or engaged by a person mentioned in paragraph (b). Identity cards (2) The Director‑General must issue an identity card to an authorised officer appointed under subsection (1). (3) The identity card must: (a) be in the form (if any) approved by the Director‑General; and (b) contain a recent photograph of the person to whom it is issued. (4) An authorised officer must carry the identity card at all times when performing functions or exercising powers as an authorised officer. (5) A person commits an offence of strict liability if: (a) the person ceases to be an authorised officer; and (b) the person does not, within 14 days of so ceasing, return the person’s identity card to the Director‑General.
Penalty: 1 penalty unit.
(6) Subsection (5) does not apply if the identity card was lost or destroyed.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.
(1) An authorised officer may prohibit a person (the first person) or a group of persons from entering Library property if the authorised officer has reasonable grounds for believing that: (a) the first person or group has, under section 14, been directed to leave Library property on one or more occasions; or (b) the safety of another person will be, or is likely to be, endangered by the presence of the first person or the group on or in Library property; or (c) the conduct of the first person or group on or in Library property will cause, or is likely to cause, offence to another person; or (d) the first person or group is likely to commit an offence against this instrument. (2) An authorised officer may prohibit a person or a group of persons from entering Library property if the authorised officer has reasonable grounds for believing that the safety of the person or group on or in Library property will be, or is likely to be, endangered for any reason.
Note: Applications may be made to the Administrative Review Tribunal for review of an authorised officer’s decision (see section 34).
(1) An authorised officer may direct a person (the first person) or group of persons to leave Library property if the authorised officer has reasonable grounds for believing that: (a) another person is, or may be, endangered by the continued presence of the first person or group on or in Library property; or (b) the conduct of the first person or group on or in Library property is likely to cause offence to another person; or (c) the first person or group: (i) intends to commit, is committing, or has committed, an offence against this instrument; or (ii) has engaged in conduct that obstructs, disturbs or annoys another person on or in Library property; or (iii) has engaged in conduct that destroys, alters or erases a computer program on a computer, computer system or part of a computer system that is owned by or under the control of the Library. (2) An authorised officer may direct a person or group of persons to leave Library property if the authorised officer has reasonable grounds for believing that the safety of the person or group on or in Library property is endangered for any reason.
An authorised officer may direct a person who is apparently in charge of a vehicle that is on or in Library property: (a) to park the vehicle in a specified place on or in Library property; or (b) not to park the vehicle on or in Library property; or (c) not to park the vehicle in a specified place on or in Library property.
(1) An authorised officer may direct a person who is carrying an article on or in Library property to submit the article for inspection, if the article appears to the authorised officer to be a prohibited article. (2) An authorised officer may direct a person who is carrying an article on or in Library property to leave the article in an area designated for prohibited articles, if the article appears to the authorised officer to be a prohibited article.
An authorised officer may direct a person who is on or in Library property: (a) not to take any photographs while on or in Library property; or (b) not to take photographs of specified Library collection material.
(1) This section applies if an authorised officer has reasonable grounds to believe that a person has taken a photograph on or in any Library property in contravention of: (a) any direction by an authorised officer under this Division; or (b) a prohibition, condition or restriction in a Director‑General notice; in relation to the taking of photographs. (2) The authorised officer may direct the person to delete or destroy the photograph.
A person commits an offence if: (a) the person is on or in Library property; and (b) an authorised officer gives the person a direction under this Division; and (c) the person does not comply with the direction.
Penalty: 5 penalty units.
This instrument is the National Library Regulations 2018.
This instrument is made under the National Library Act 1960.
(1) In this instrument:
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Council;
(b) Director‑General;
(c) Library;
(d) library material.
Act means the National Library Act 1960.
assistance animal has the same meaning as in the Disability Discrimination Act 1992.
authorised liquor supplier means a person authorised under subsection 8(1) to sell liquor.
authorised officer means:
(a) the Director‑General; or
(b) a person appointed under subsection 12(1) to be an authorised officer.
Classification Act means the Classification (Publications, Films and Computer Games) Act 1995.
Director‑General notice has the meaning given by subsection 20(1).
electronic Library material means library material that forms part of the Library collection and is in electronic form.
high classification means:
(a) for a publication (within the meaning of the Classification Act)—a classification of Category 1 restricted, Category 2 restricted or RC; or
(b) for a film (within the meaning of that Act)—a classification of MA 15+, R 18+, X 18+ or RC; or
(c) for a computer game (within the meaning of that Act)—a classification of MA 15+, R 18+ or RC.
Library building means a building owned by or under the control of the Library.
Library collection material means library material that forms part of the Library collection and that is on or in Library property.
Library premises means premises in the Australian Capital Territory owned by or under the control of the Library.
Library property means land and buildings owned by or under the control of the Library.
liquor has the same meaning as in subsection 27A(3) of the Act.
loan record, in relation to an item of library material, means a record, held by the Library, of:
(a) the identity of the item; and
(b) the full name and address of the person to whom the item has been lent; and
(c) the date on which the item was lent; and
(d) the date on which the item is to be returned to the Library.
prohibited article means:
(a) an implement, other than a pen or pencil, that could be used to damage or conceal library material; or
(b) a camera or associated equipment; or
Example: Associated equipment includes a tripod or selfie stick.
(c) a bag, case, parcel or other container that cannot be wholly enclosed in either:
(i) a cube each edge of which is 300 millimetres long; or
(ii) a cube of a size determined by the Director‑General under subsection (3).
reading room means an area in a Library building supervised by any or all of the following persons where library material forming part of the Library’s collection is lent to, and used by, visitors to the Library:
(a) staff members;
(b) persons employed under contract with the Library; or
(c) persons employed or engaged by persons mentioned in paragraph (b); or
(d) volunteers engaged by the Library to assist the Library.
staff member means a member of the staff of the Library.
vehicle includes a motor vehicle, motorcycle, bicycle or a similar device for transportation.
(2) A reference in this instrument to Library property includes a reference to a part of any such Library property. (3) The Director‑General may, by legislative instrument, determine the size of a cube for the purposes of subparagraph (c)(ii) of the definition of prohibited article.
For the purposes of paragraphs 24(1)(a) to (e) of the Act, $2,000,000 is prescribed.
This Part is made for the purposes of subsection 27A(1) of the Act.
(1) The Director‑General may, in writing, authorise a person, or a class of persons, to sell or supply liquor on or in Library premises. (2) The Director‑General must specify in the authorisation: (a) the parts of Library premises where liquor may be sold or supplied; and (b) the hours during which liquor may be sold or supplied. (3) The Director‑General may specify in the authorisation conditions to which it is subject.
Authorisations (1) A person commits an offence if the person: (a) is on or in Library premises; and (b) sells or supplies liquor.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply to a person: (a) selling or supplying liquor if the person is authorised to do so under subsection 8(1); or (b) supplying liquor (other than by selling it) if the liquor was sold or supplied to that person on or in Library premises by an authorised liquor supplier.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
(3) A person commits an offence if the person: (a) is on or in Library premises; and (b) is an authorised liquor supplier; and (c) sells or supplies liquor; and (d) does not comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 8(2) or (3).
Penalty: 5 penalty units.
Adulterated liquor (4) A person commits an offence if: (a) the person is on or in Library premises; and (b) the person sells or supplies liquor; and (c) the liquor is adulterated.
Penalty: 5 penalty units.
Intoxicated persons and minors (5) A person commits an offence if: (a) the person is on or in Library premises; and (b) the person sells or supplies liquor to another person; and (c) the other person is: (i) intoxicated; or (ii) under 18.
Penalty: 5 penalty units.
(6) A person may refuse to sell or supply liquor to another person on or in Library premises if the other person does not satisfy the first person of the other person’s age.
(1) A person commits an offence if the person: (a) is on or in Library premises; and (b) buys or obtains liquor; and (c) is under 18.
Penalty: 5 penalty units.
(2) A person commits an offence if: (a) the person sends another person to buy or obtain liquor; and (b) the place to which the other person is sent to buy or obtain liquor is Library premises; and (c) the other person is under 18.
Penalty for contravention of this subsection: 5 penalty units.
This Part is made for the purposes of section 27B of the Act.
Appointment of authorised officers (1) The Director‑General may, by instrument in writing, appoint any of the following persons to be an authorised officer if the Director‑General is reasonably satisfied that the person has received appropriate training: (a) a staff member; (b) a person employed under contract with the Library; (c) a person employed or engaged by a person mentioned in paragraph (b). Identity cards (2) The Director‑General must issue an identity card to an authorised officer appointed under subsection (1). (3) The identity card must: (a) be in the form (if any) approved by the Director‑General; and (b) contain a recent photograph of the person to whom it is issued. (4) An authorised officer must carry the identity card at all times when performing functions or exercising powers as an authorised officer. (5) A person commits an offence of strict liability if: (a) the person ceases to be an authorised officer; and (b) the person does not, within 14 days of so ceasing, return the person’s identity card to the Director‑General.
Penalty: 1 penalty unit.
(6) Subsection (5) does not apply if the identity card was lost or destroyed.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.
(1) An authorised officer may prohibit a person (the first person) or a group of persons from entering Library property if the authorised officer has reasonable grounds for believing that: (a) the first person or group has, under section 14, been directed to leave Library property on one or more occasions; or (b) the safety of another person will be, or is likely to be, endangered by the presence of the first person or the group on or in Library property; or (c) the conduct of the first person or group on or in Library property will cause, or is likely to cause, offence to another person; or (d) the first person or group is likely to commit an offence against this instrument. (2) An authorised officer may prohibit a person or a group of persons from entering Library property if the authorised officer has reasonable grounds for believing that the safety of the person or group on or in Library property will be, or is likely to be, endangered for any reason.
Note: Applications may be made to the Administrative Review Tribunal for review of an authorised officer’s decision (see section 34).
(1) An authorised officer may direct a person (the first person) or group of persons to leave Library property if the authorised officer has reasonable grounds for believing that: (a) another person is, or may be, endangered by the continued presence of the first person or group on or in Library property; or (b) the conduct of the first person or group on or in Library property is likely to cause offence to another person; or (c) the first person or group: (i) intends to commit, is committing, or has committed, an offence against this instrument; or (ii) has engaged in conduct that obstructs, disturbs or annoys another person on or in Library property; or (iii) has engaged in conduct that destroys, alters or erases a computer program on a computer, computer system or part of a computer system that is owned by or under the control of the Library. (2) An authorised officer may direct a person or group of persons to leave Library property if the authorised officer has reasonable grounds for believing that the safety of the person or group on or in Library property is endangered for any reason.
An authorised officer may direct a person who is apparently in charge of a vehicle that is on or in Library property: (a) to park the vehicle in a specified place on or in Library property; or (b) not to park the vehicle on or in Library property; or (c) not to park the vehicle in a specified place on or in Library property.
(1) An authorised officer may direct a person who is carrying an article on or in Library property to submit the article for inspection, if the article appears to the authorised officer to be a prohibited article. (2) An authorised officer may direct a person who is carrying an article on or in Library property to leave the article in an area designated for prohibited articles, if the article appears to the authorised officer to be a prohibited article.
An authorised officer may direct a person who is on or in Library property: (a) not to take any photographs while on or in Library property; or (b) not to take photographs of specified Library collection material.
(1) This section applies if an authorised officer has reasonable grounds to believe that a person has taken a photograph on or in any Library property in contravention of: (a) any direction by an authorised officer under this Division; or (b) a prohibition, condition or restriction in a Director‑General notice; in relation to the taking of photographs. (2) The authorised officer may direct the person to delete or destroy the photograph.
A person commits an offence if: (a) the person is on or in Library property; and (b) an authorised officer gives the person a direction under this Division; and (c) the person does not comply with the direction.
Penalty: 5 penalty units.
(1) The Director‑General may, by legislative instrument, issue a notice (a Director‑General notice) in accordance with subsection (2). (2) The notice must: (a) be set out in the legislative instrument; and (b) state that it is issued by the authority of the Director‑General; and (c) specify a prohibition, condition or restriction relating to Library property or library material that is owned by or under the control of the Library. (3) A person commits an offence if: (a) the person is on or in Library property; and (b) a copy of a Director‑General notice is displayed in accordance with subsection (4); and (c) a prohibition, condition or restriction specified in the notice applies to the person; and (d) the person does not comply with the prohibition, condition or restriction.
Penalty: 5 penalty units.
(4) For the purposes of paragraph (3)(b), the notice must be clearly displayed: (a) in a way that gives adequate notice to the public of the prohibition, condition or restriction; and (b) at either or both of the following: (i) the entrance to the area of the Library property to which the notice relates; (ii) the location to which the notice relates.
(1) The Director‑General may, in writing, direct that access to, or use of, an item of: (a) Library collection material; or (b) electronic Library material; is prohibited, or subject to conditions specified in the direction, if subsection (2), (3) or (5) applies in relation to the item.
Note: Applications may be made to the Administrative Review Tribunal for review of the Director‑General’s decision (see section 34).
Damage to item, or breach of agreement, from access or use of item (2) This subsection applies in relation to an item if the Director‑General has reasonable grounds to believe that access or use of the item: (a) in the case of an item of Library collection material—could result in damage to the item; or (b) would be in breach of an agreement that applies to use of the item. Item with high classification (3) This subsection applies in relation to an item if the item has: (a) been classified under the Classification Act by the Classification Board with a high classification; or (b) if the item has not been classified by the Classification Board—the Director‑General is reasonably satisfied the item would be classified by the Classification Board with a high classification if the item were to be classified by the Board. (4) For the purposes of paragraph (3)(b), the Director‑General must consider: (a) the National Classification Code (within the meaning of the Classification Act); and (b) any classification guidelines made under section 12 of the Classification Act, as in force from time to time, that apply in relation to the item. Other grounds (5) This subsection applies in relation to an item if the item is, or is likely to be, connected with legal proceedings (including the outcome of such proceedings).
An authorised officer may refuse to allow access to, or use of, an item of Library collection material or electronic Library material if the officer has reasonable grounds to believe that access or use: (a) in the case of an item of Library collection material—could result in damage to the item; or (b) would be in breach of an agreement that applies to use of the item; or (c) would contravene a direction issued under subsection 21(1) or 24.
Note: Applications may be made to the Administrative Review Tribunal for review of an authorised officer’s decision (see section 34).
(1) The Council or an authorised officer may, in writing, direct a person using a unique or rare item of Library collection material or electronic Library material: (a) not to produce a facsimile of the item or part of the item without the written permission of the Council or an authorised person; or (b) to give written notice to the Council or the authorised officer (as the case requires) of any intention to publish matter from the item in any form. (2) A person commits an offence if: (a) the Council or an authorised officer gives the person a direction under subsection (1); and (b) the person does not comply with the direction.
Penalty: 5 penalty units.
(3) The Council or an authorised person may, in writing, direct a person publishing matter from a unique or rare item of Library collection material or electronic Library material to acknowledge the source of the matter in a manner approved, in writing, by the Council or authorised person. (4) A person commits an offence if: (a) the Council or an authorised officer gives the person a direction under subsection (3); and (b) the person does not comply with the direction.
Penalty for contravention of this subsection: 5 penalty units.
(1) A person commits an offence if: (a) the person: (i) removes an item of library material from a storage area or a reading room; or (ii) places anything on an item of library material to copy or trace the library material; and (b) the library material is Library collection material.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply if the person has a written permission from an authorised officer for the relevant conduct.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
(3) A person commits an offence if: (a) the person removes an item of library material from property; and (b) the property is Library property; and (c) the library material is Library collection material.
Penalty: 5 penalty units.
(4) Subsection (3) does not apply if the person: (a) has a written permission from an authorised officer for the relevant conduct; or (b) has a loan record for the item approved by an authorised officer.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.
(5) A person commits an offence if: (a) the person handles an item of library material; and (b) the handling is likely to damage the library material; and (c) the library material is Library collection material.
Penalty: 5 penalty units.
(6) This section does not apply to a person approved, in writing, by the Director‑General to undertake work for the purposes of maintaining and developing Library collection material.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.
(1) A person commits an offence if the person: (a) is on or in Library property; and (b) interferes with library material; and (c) the library material is owned by or under the control of the Library.
Penalty: 5 penalty units.
(2) A person commits an offence if: (a) the person is on or in Library property; and (b) the person engages in conduct; and (c) the conduct damages library material; and (d) the library material is owned by or under the control of the Library.
Penalty: 5 penalty units.
(3) Recklessness or negligence is the fault element for the result mentioned in paragraph (2)(c). (4) A person commits an offence if: (a) the person: (i) attaches an article to a building, wall or fence; or (ii) writes on a building, fixture, fitting, wall or fence; and (b) the building is a Library building, or the wall, fence, fixture or fitting is on or in Library property.
Penalty: 5 penalty units.
(5) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct damages a building, fixture, fitting, wall, fence, plant or garden; and (c) the building is a Library building, or the wall, fence, fixture, fitting, plant or garden is on or in Library property.
Penalty: 5 penalty units.
(6) Recklessness or negligence is the fault element for the result mentioned in paragraph (5)(b). (7) This section does not limit section 132.8A of the Criminal Code (about damaging or destroying Commonwealth property).
(1) A person commits an offence if: (a) the person: (i) brings a projectile or an inflammable or explosive article or substance on to property; or (ii) has in the person’s possession a projectile or an inflammable or explosive article or substance on property; and (b) the property is Library property.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply if the person has a written permission from an authorised officer for the relevant conduct.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
A person commits an offence if the person: (a) is on or in Library property; and (b) engages in conduct that exposes or causes to be exposed for show, sale or hire any article for use or consumption by a member of the public.
Penalty: 5 penalty units.
(1) A person commits an offence if: (a) the person allows an animal belonging to the person, or in the person’s charge, to enter or remain in a building; and (b) the building is a Library building.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply if: (a) the person is a person with a disability (within the meaning of the Disability Discrimination Act 1992) and the animal is an assistance animal; or (b) the person is a member of a police force acting in accordance with the person’s duties.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
(3) A person commits an offence if: (a) the person allows an assistance animal belonging to the person, or in the person’s charge, to enter or remain in a building; and (b) the building is a Library building; and (c) the animal is not restrained on a lead or by other reasonable means.
Penalty for contravention of this subsection: 5 penalty units.
(1) A person commits an offence if: (a) the person: (i) brings food or liquid into a building; or (ii) consumes food or liquid in a building; and (b) the building is a Library building.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply: (a) if the food or liquid is medication; or (b) to bringing water into a Library building if the water is in a sealed and transparent container; or (c) to bringing food or liquid into, or consuming food or liquid in, an area designated for consuming food or liquid.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
A person commits an offence if the person: (a) is on or in Library property; and (b) smokes in an area that is not designated for smoking.
Penalty: 5 penalty units.
(1) A person commits an offence if: (a) the person: (i) brings a prohibited article into a building; or (ii) uses a prohibited article in a building; and (b) the building is a Library building.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply to: (a) bringing a prohibited article into a Library building if the person deposits the item, as soon as practicable, at the place in the Library building designated by the Director‑General for that purpose; or (b) bringing a camera or camera bag into a Library building, or using a camera, for non‑commercial purposes.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
(1) It is a defence to a prosecution under Part 3 or this Part that, when the relevant conduct was engaged in, the Director‑General had consented, in writing, to the conduct. (2) It is a defence to a prosecution under Part 3 or this Part that the person accused of the offence is: (a) a member of the Council; or (b) the Director‑General; or (c) a staff member; or (d) a person engaged as a consultant to the Library; or (e) a person employed under contract with the Library; or (f) a person employed or engaged by a person mentioned in paragraph (e); or (g) a volunteer engaged by the Library to assist the Library; acting in accordance with the person’s duties.
Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.
(1) The Director‑General may, in writing, delegate any or all of the Director‑General’s powers under this instrument to an SES employee, or acting SES employee, in the Library.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
(2) In exercising powers under a delegation under subsection (1), the delegate must comply with any directions of the Director‑General.
Applications may be made to the Administrative Review Tribunal for review of a decision of: (a) an authorised officer under section 13 to prohibit entry on to Library property; or (b) the Director‑General under subsection 21(1) to direct that the access to, or use of, an item of Library collection material or electronic Library material be prohibited or subject to conditions; or (c) an authorised officer under section 22 to refuse to allow access to, or use of, an item of Library collection material or electronic Library material.
In this Part:
old regulations means the National Library Regulations 1994, as in force immediately before the commencement of this section.
An authority: (a) given under subregulation 13(1) of the old regulations; and (b) in force immediately before the commencement of this section; has effect, from that commencement, as if it were an authorisation given under section 8 of this instrument.
A person who was an authorised person for the purposes of the old regulations immediately before the commencement of this section is, from that commencement, taken to be an authorised officer for the purposes of this instrument.
A notice: (a) issued by the authority of the Director‑General in accordance with subregulation 9(1) of the old regulations; and (b) in force immediately before the commencement of this section; has effect, from that commencement, as if it had been issued as a Director‑General notice under subsection 20(1) of this instrument.
A direction: (a) issued under subregulation 19(1) of the old regulations; and (b) in force immediately before the commencement of this section; has effect, from that commencement, as if it had been issued as a direction under subsection 21(1) of this instrument.
A direction: (a) issued under regulation 20 of the old regulations; and (b) in force immediately before the commencement of this section; has effect, from that commencement, as if it had been issued as a direction under section 23 of this instrument.
For the purposes of subsection 32(1), it does not matter whether consent was given before, on or after the commencement of this section.
(1) The Director‑General may, by legislative instrument, issue a notice (a Director‑General notice) in accordance with subsection (2). (2) The notice must: (a) be set out in the legislative instrument; and (b) state that it is issued by the authority of the Director‑General; and (c) specify a prohibition, condition or restriction relating to Library property or library material that is owned by or under the control of the Library. (3) A person commits an offence if: (a) the person is on or in Library property; and (b) a copy of a Director‑General notice is displayed in accordance with subsection (4); and (c) a prohibition, condition or restriction specified in the notice applies to the person; and (d) the person does not comply with the prohibition, condition or restriction.
Penalty: 5 penalty units.
(4) For the purposes of paragraph (3)(b), the notice must be clearly displayed: (a) in a way that gives adequate notice to the public of the prohibition, condition or restriction; and (b) at either or both of the following: (i) the entrance to the area of the Library property to which the notice relates; (ii) the location to which the notice relates.
(1) The Director‑General may, in writing, direct that access to, or use of, an item of: (a) Library collection material; or (b) electronic Library material; is prohibited, or subject to conditions specified in the direction, if subsection (2), (3) or (5) applies in relation to the item.
Note: Applications may be made to the Administrative Review Tribunal for review of the Director‑General’s decision (see section 34).
Damage to item, or breach of agreement, from access or use of item (2) This subsection applies in relation to an item if the Director‑General has reasonable grounds to believe that access or use of the item: (a) in the case of an item of Library collection material—could result in damage to the item; or (b) would be in breach of an agreement that applies to use of the item. Item with high classification (3) This subsection applies in relation to an item if the item has: (a) been classified under the Classification Act by the Classification Board with a high classification; or (b) if the item has not been classified by the Classification Board—the Director‑General is reasonably satisfied the item would be classified by the Classification Board with a high classification if the item were to be classified by the Board. (4) For the purposes of paragraph (3)(b), the Director‑General must consider: (a) the National Classification Code (within the meaning of the Classification Act); and (b) any classification guidelines made under section 12 of the Classification Act, as in force from time to time, that apply in relation to the item. Other grounds (5) This subsection applies in relation to an item if the item is, or is likely to be, connected with legal proceedings (including the outcome of such proceedings).
An authorised officer may refuse to allow access to, or use of, an item of Library collection material or electronic Library material if the officer has reasonable grounds to believe that access or use: (a) in the case of an item of Library collection material—could result in damage to the item; or (b) would be in breach of an agreement that applies to use of the item; or (c) would contravene a direction issued under subsection 21(1) or 24.
Note: Applications may be made to the Administrative Review Tribunal for review of an authorised officer’s decision (see section 34).
(1) The Council or an authorised officer may, in writing, direct a person using a unique or rare item of Library collection material or electronic Library material: (a) not to produce a facsimile of the item or part of the item without the written permission of the Council or an authorised person; or (b) to give written notice to the Council or the authorised officer (as the case requires) of any intention to publish matter from the item in any form. (2) A person commits an offence if: (a) the Council or an authorised officer gives the person a direction under subsection (1); and (b) the person does not comply with the direction.
Penalty: 5 penalty units.
(3) The Council or an authorised person may, in writing, direct a person publishing matter from a unique or rare item of Library collection material or electronic Library material to acknowledge the source of the matter in a manner approved, in writing, by the Council or authorised person. (4) A person commits an offence if: (a) the Council or an authorised officer gives the person a direction under subsection (3); and (b) the person does not comply with the direction.
Penalty for contravention of this subsection: 5 penalty units.
(1) A person commits an offence if: (a) the person: (i) removes an item of library material from a storage area or a reading room; or (ii) places anything on an item of library material to copy or trace the library material; and (b) the library material is Library collection material.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply if the person has a written permission from an authorised officer for the relevant conduct.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
(3) A person commits an offence if: (a) the person removes an item of library material from property; and (b) the property is Library property; and (c) the library material is Library collection material.
Penalty: 5 penalty units.
(4) Subsection (3) does not apply if the person: (a) has a written permission from an authorised officer for the relevant conduct; or (b) has a loan record for the item approved by an authorised officer.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.
(5) A person commits an offence if: (a) the person handles an item of library material; and (b) the handling is likely to damage the library material; and (c) the library material is Library collection material.
Penalty: 5 penalty units.
(6) This section does not apply to a person approved, in writing, by the Director‑General to undertake work for the purposes of maintaining and developing Library collection material.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the National Library Regulations 2018.
This instrument is made under the National Library Act 1960.
(1) In this instrument:
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Council;
(b) Director‑General;
(c) Library;
(d) library material.
Act means the National Library Act 1960.
assistance animal has the same meaning as in the Disability Discrimination Act 1992.
authorised liquor supplier means a person authorised under subsection 8(1) to sell liquor.
authorised officer means:
(a) the Director‑General; or
(b) a person appointed under subsection 12(1) to be an authorised officer.
Classification Act means the Classification (Publications, Films and Computer Games) Act 1995.
Director‑General notice has the meaning given by subsection 20(1).
electronic Library material means library material that forms part of the Library collection and is in electronic form.
high classification means:
(a) for a publication (within the meaning of the Classification Act)—a classification of Category 1 restricted, Category 2 restricted or RC; or
(b) for a film (within the meaning of that Act)—a classification of MA 15+, R 18+, X 18+ or RC; or
(c) for a computer game (within the meaning of that Act)—a classification of MA 15+, R 18+ or RC.
Library building means a building owned by or under the control of the Library.
Library collection material means library material that forms part of the Library collection and that is on or in Library property.
Library premises means premises in the Australian Capital Territory owned by or under the control of the Library.
Gives the Director‑General discretion to restrict access to particular items (including electronic material) where there is a risk of damage, contractual restriction, a "high" classification under the national classification regime, or legal proceedings (reg 21). Authorised officers can enforce those directions (reg 22).
Places limits on reproducing unique/rare items: the Council (or authorised officer) can require written permission or notification before creating facsimiles or publishing material from certain unique/rare items; they can also require source acknowledgement (reg 23).
Provides administrative review: affected persons may apply to the Administrative Review Tribunal to review particular decisions (prohibiting entry, restricting access/use of items) (reg 34).
Transitional continuity: existing authorisations, authorised persons and Director‑General notices under the old 1994 Regulations continue to operate under the new instrument (Part 5, regs 36–41).
Why it matters (stated purpose and immediate effects)
The regulations operationalise sections of the National Library Act by specifying:
They create criminal offences with fixed penalties for non‑compliance, so ordinary visitors, contractors, event vendors and researchers must follow rules set by the Library or authorised officers.
Who is affected (practical, plain terms)
Visitors and researchers to National Library buildings: behaviour while on Library property is constrained (no eating/drinking in non‑designated areas, camera rules, prohibited articles, obey directions to leave, etc.) (regs 16,17,29–31,13–14).
Vendors or event operators on Library premises: must hold written authorisation from the Director‑General to sell or supply liquor and must comply with conditions (regs 8–10).
Staff, contractors and volunteers: can be appointed as authorised officers and may exercise the powers described (reg 12).
Publishers, researchers or members of the public handling unique/rare items: may be required to obtain permission before reproducing or publishing material, and may be required to acknowledge the source (reg 23).
Persons who previously held authorisations or were authorised officers under the 1994 Regulations: those arrangements continue without interruption (Part 5, regs 36–37).
Incentives, costs and trade‑offs (testing official purpose claims against practical effects)
Who decides and where discretion sits: the Director‑General holds significant discretion—authorising liquor sales (reg 8), appointing authorised officers (reg 12), issuing binding Director‑General notices by legislative instrument (reg 20), prescribing the size of the "prohibited article" cube by legislative instrument (reg 5(3)), and directing restriction or prohibition of access to items (reg 21). That concentrates decision‑making in Library management and creates a reliance on internal administrative practice.
Compliance burden on visitors and small vendors: the instrument creates multiple rules visitors must observe (photography, bags, food/drink, animals, smoking) and criminal penalties for breaches (commonly 5 penalty units). Vendors wanting to supply liquor face an administrative authorisation process and operational conditions (reg 8). These are direct, measurable burdens on behaviour while on Library property.
Protection of collection vs access costs: the regulations enable the Library to prevent damage and to enforce contractual/ classification obligations (regs 21–24). That protects assets (benefit concentrated to the Library and to owners of restricted material) but imposes access limits and procedural steps (permission, approvals, possible refusal to supply facsimiles).
Delegation and implementation risk: the Director‑General may delegate powers to senior Library executives (SES employees) but delegates must follow directions (reg 33). Operational consistency depends on training, published conditions (Director‑General notices), and the exercise of "reasonable grounds" standards used throughout (e.g. regs 13–14, 16–18). The frequent use of the standard "reasonable grounds" gives authorised officers discretionary scope and therefore operational variability unless guidance is published.
Legal and evidential consequences for accused persons: the instrument repeatedly notes that defendants bear an evidential burden on some matters because of cross‑reference to the Criminal Code (e.g. evidential burden on exceptions such as having permission, or lost identity cards). That affects how prosecutions will be run and the practical evidentiary steps for defendants (see notes to regs 9, 12(6), 24(2),(4),(6) etc.).
Effects on private enterprise and market activity: the instrument does not create broad commercial markets but does regulate on‑site commercial activity (selling articles or liquor, regs 27, 8–10). The Library can permit or prohibit sales and set conditions, so small businesses or caterers seeking to operate on Library premises must engage with the Library’s administrative process.
Practical takeaways (who pays, who decides, behaviour change)
Who pays: visitors pay the compliance cost of following on‑site rules (no food in many areas, obey directions, limits on bags/cameras); vendors pay to obtain authorisations and to meet conditions; the Library bears administrative costs of appointments, issuing notices and enforcement.
Who decides: the Director‑General is the primary decision‑maker (authorisations, notices, appointments, delegations) and authorised officers execute and enforce those decisions on the ground (regs 8, 12, 20, 33).
Behaviour changes required: visitors must obey directions from authorised officers (leave when directed, submit items for inspection, not photograph where prohibited); vendors must secure written authorisation and comply with conditions to sell liquor; users of unique/rare items must seek permission before reproducing or publishing (regs 12–19, 8–10, 23).
Key sections referenced: reg 6 (financial limit), regs 7–10 (liquor), regs 12–19 (authorised officers & powers), reg 20 (Director‑General notices), regs 21–24 (access/use restrictions and reproduction conditions), regs 24–31 (various offences and conduct restrictions), reg 33 (delegations), reg 34 (Tribunal review), Part 5 regs 36–41 (transitional continuity).
Library property means land and buildings owned by or under the control of the Library.
liquor has the same meaning as in subsection 27A(3) of the Act.
loan record, in relation to an item of library material, means a record, held by the Library, of:
(a) the identity of the item; and
(b) the full name and address of the person to whom the item has been lent; and
(c) the date on which the item was lent; and
(d) the date on which the item is to be returned to the Library.
prohibited article means:
(a) an implement, other than a pen or pencil, that could be used to damage or conceal library material; or
(b) a camera or associated equipment; or
Example: Associated equipment includes a tripod or selfie stick.
(c) a bag, case, parcel or other container that cannot be wholly enclosed in either:
(i) a cube each edge of which is 300 millimetres long; or
(ii) a cube of a size determined by the Director‑General under subsection (3).
reading room means an area in a Library building supervised by any or all of the following persons where library material forming part of the Library’s collection is lent to, and used by, visitors to the Library:
(a) staff members;
(b) persons employed under contract with the Library; or
(c) persons employed or engaged by persons mentioned in paragraph (b); or
(d) volunteers engaged by the Library to assist the Library.
staff member means a member of the staff of the Library.
vehicle includes a motor vehicle, motorcycle, bicycle or a similar device for transportation.
(2) A reference in this instrument to Library property includes a reference to a part of any such Library property. (3) The Director‑General may, by legislative instrument, determine the size of a cube for the purposes of subparagraph (c)(ii) of the definition of prohibited article.
For the purposes of paragraphs 24(1)(a) to (e) of the Act, $2,000,000 is prescribed.
This Part is made for the purposes of subsection 27A(1) of the Act.
(1) The Director‑General may, in writing, authorise a person, or a class of persons, to sell or supply liquor on or in Library premises. (2) The Director‑General must specify in the authorisation: (a) the parts of Library premises where liquor may be sold or supplied; and (b) the hours during which liquor may be sold or supplied. (3) The Director‑General may specify in the authorisation conditions to which it is subject.
Authorisations (1) A person commits an offence if the person: (a) is on or in Library premises; and (b) sells or supplies liquor.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply to a person: (a) selling or supplying liquor if the person is authorised to do so under subsection 8(1); or (b) supplying liquor (other than by selling it) if the liquor was sold or supplied to that person on or in Library premises by an authorised liquor supplier.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
(3) A person commits an offence if the person: (a) is on or in Library premises; and (b) is an authorised liquor supplier; and (c) sells or supplies liquor; and (d) does not comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 8(2) or (3).
Penalty: 5 penalty units.
Adulterated liquor (4) A person commits an offence if: (a) the person is on or in Library premises; and (b) the person sells or supplies liquor; and (c) the liquor is adulterated.
Penalty: 5 penalty units.
Intoxicated persons and minors (5) A person commits an offence if: (a) the person is on or in Library premises; and (b) the person sells or supplies liquor to another person; and (c) the other person is: (i) intoxicated; or (ii) under 18.
Penalty: 5 penalty units.
(6) A person may refuse to sell or supply liquor to another person on or in Library premises if the other person does not satisfy the first person of the other person’s age.
(1) A person commits an offence if the person: (a) is on or in Library premises; and (b) buys or obtains liquor; and (c) is under 18.
Penalty: 5 penalty units.
(2) A person commits an offence if: (a) the person sends another person to buy or obtain liquor; and (b) the place to which the other person is sent to buy or obtain liquor is Library premises; and (c) the other person is under 18.
Penalty for contravention of this subsection: 5 penalty units.
This instrument is the National Library Regulations 2018.
This instrument is made under the National Library Act 1960.
(1) In this instrument:
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Council;
(b) Director‑General;
(c) Library;
(d) library material.
Act means the National Library Act 1960.
assistance animal has the same meaning as in the Disability Discrimination Act 1992.
authorised liquor supplier means a person authorised under subsection 8(1) to sell liquor.
authorised officer means:
(a) the Director‑General; or
(b) a person appointed under subsection 12(1) to be an authorised officer.
Classification Act means the Classification (Publications, Films and Computer Games) Act 1995.
Director‑General notice has the meaning given by subsection 20(1).
electronic Library material means library material that forms part of the Library collection and is in electronic form.
high classification means:
(a) for a publication (within the meaning of the Classification Act)—a classification of Category 1 restricted, Category 2 restricted or RC; or
(b) for a film (within the meaning of that Act)—a classification of MA 15+, R 18+, X 18+ or RC; or
(c) for a computer game (within the meaning of that Act)—a classification of MA 15+, R 18+ or RC.
Library building means a building owned by or under the control of the Library.
Library collection material means library material that forms part of the Library collection and that is on or in Library property.
Library premises means premises in the Australian Capital Territory owned by or under the control of the Library.
Library property means land and buildings owned by or under the control of the Library.
liquor has the same meaning as in subsection 27A(3) of the Act.
loan record, in relation to an item of library material, means a record, held by the Library, of:
(a) the identity of the item; and
(b) the full name and address of the person to whom the item has been lent; and
(c) the date on which the item was lent; and
(d) the date on which the item is to be returned to the Library.
prohibited article means:
(a) an implement, other than a pen or pencil, that could be used to damage or conceal library material; or
(b) a camera or associated equipment; or
Example: Associated equipment includes a tripod or selfie stick.
(c) a bag, case, parcel or other container that cannot be wholly enclosed in either:
(i) a cube each edge of which is 300 millimetres long; or
(ii) a cube of a size determined by the Director‑General under subsection (3).
reading room means an area in a Library building supervised by any or all of the following persons where library material forming part of the Library’s collection is lent to, and used by, visitors to the Library:
(a) staff members;
(b) persons employed under contract with the Library; or
(c) persons employed or engaged by persons mentioned in paragraph (b); or
(d) volunteers engaged by the Library to assist the Library.
staff member means a member of the staff of the Library.
vehicle includes a motor vehicle, motorcycle, bicycle or a similar device for transportation.
(2) A reference in this instrument to Library property includes a reference to a part of any such Library property. (3) The Director‑General may, by legislative instrument, determine the size of a cube for the purposes of subparagraph (c)(ii) of the definition of prohibited article.
For the purposes of paragraphs 24(1)(a) to (e) of the Act, $2,000,000 is prescribed.
This Part is made for the purposes of subsection 27A(1) of the Act.
(1) The Director‑General may, in writing, authorise a person, or a class of persons, to sell or supply liquor on or in Library premises. (2) The Director‑General must specify in the authorisation: (a) the parts of Library premises where liquor may be sold or supplied; and (b) the hours during which liquor may be sold or supplied. (3) The Director‑General may specify in the authorisation conditions to which it is subject.
Authorisations (1) A person commits an offence if the person: (a) is on or in Library premises; and (b) sells or supplies liquor.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply to a person: (a) selling or supplying liquor if the person is authorised to do so under subsection 8(1); or (b) supplying liquor (other than by selling it) if the liquor was sold or supplied to that person on or in Library premises by an authorised liquor supplier.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
(3) A person commits an offence if the person: (a) is on or in Library premises; and (b) is an authorised liquor supplier; and (c) sells or supplies liquor; and (d) does not comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsection 8(2) or (3).
Penalty: 5 penalty units.
Adulterated liquor (4) A person commits an offence if: (a) the person is on or in Library premises; and (b) the person sells or supplies liquor; and (c) the liquor is adulterated.
Penalty: 5 penalty units.
Intoxicated persons and minors (5) A person commits an offence if: (a) the person is on or in Library premises; and (b) the person sells or supplies liquor to another person; and (c) the other person is: (i) intoxicated; or (ii) under 18.
Penalty: 5 penalty units.
(6) A person may refuse to sell or supply liquor to another person on or in Library premises if the other person does not satisfy the first person of the other person’s age.
(1) A person commits an offence if the person: (a) is on or in Library premises; and (b) buys or obtains liquor; and (c) is under 18.
Penalty: 5 penalty units.
(2) A person commits an offence if: (a) the person sends another person to buy or obtain liquor; and (b) the place to which the other person is sent to buy or obtain liquor is Library premises; and (c) the other person is under 18.
Penalty for contravention of this subsection: 5 penalty units.
This Part is made for the purposes of section 27B of the Act.
Appointment of authorised officers (1) The Director‑General may, by instrument in writing, appoint any of the following persons to be an authorised officer if the Director‑General is reasonably satisfied that the person has received appropriate training: (a) a staff member; (b) a person employed under contract with the Library; (c) a person employed or engaged by a person mentioned in paragraph (b). Identity cards (2) The Director‑General must issue an identity card to an authorised officer appointed under subsection (1). (3) The identity card must: (a) be in the form (if any) approved by the Director‑General; and (b) contain a recent photograph of the person to whom it is issued. (4) An authorised officer must carry the identity card at all times when performing functions or exercising powers as an authorised officer. (5) A person commits an offence of strict liability if: (a) the person ceases to be an authorised officer; and (b) the person does not, within 14 days of so ceasing, return the person’s identity card to the Director‑General.
Penalty: 1 penalty unit.
(6) Subsection (5) does not apply if the identity card was lost or destroyed.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.
(1) An authorised officer may prohibit a person (the first person) or a group of persons from entering Library property if the authorised officer has reasonable grounds for believing that: (a) the first person or group has, under section 14, been directed to leave Library property on one or more occasions; or (b) the safety of another person will be, or is likely to be, endangered by the presence of the first person or the group on or in Library property; or (c) the conduct of the first person or group on or in Library property will cause, or is likely to cause, offence to another person; or (d) the first person or group is likely to
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