24Offences relating to use of library material

24 Offences relating to use of library material

(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.