Libraries Regulations 2002

Libraries Regulations 2002

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Libraries Act 1984 .

G. S. M. GREEN

Governor

By His Excellency's Command,

PAULA WRIEDT

Minister for Education

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Libraries Regulations 2002 .

2.   Commencement

These regulations take effect on 1 January 2003.

3.   Interpretation

(1)  In these regulations –

Act means the Libraries Act 1984 ;

body means an organisation or institution established in Tasmania;

cardholder means the person to whom a Librarycard has been issued;

designated parking area means an area designated by the Secretary under subregulation (2) as an area in which motor vehicles, motor bikes and bicycles may be parked;

eating area means an area designated by the Secretary under subregulation (2) as an area in which food and drink may be consumed;

employee means –

(a) a person appointed or employed under section 5(3) of the Act; and

(b) a person made available under an arrangement made under section 5(4) of the Act;

lending book means a book of the State Library Service designated by the Secretary as suitable for lending to cardholders;

Librarycard means a card issued under regulation 4(2) ;

library property means land or premises under the control of the Secretary for the purposes of the Act;

State library means a library of the State Library Service.

(2)  The Secretary may –

(a) designate a book of the State Library Service as suitable for lending to cardholders; and

(b) designate an area of library property as an area in which food and drink may be consumed; and

(c) designate an area of library property as an area where motor vehicles, motor bikes and bicycles may be parked; and

(d) determine the amount representing the processing, accounting or other administrative costs incurred in replacing a lending book.

PART 2 - Librarycard

4.   Application for Librarycard

(1)  A person may apply to the Secretary for the issue of a Librarycard.

(2)  An application under subregulation (1) is to –

(a) be in a form approved by the Secretary; and

(b) be accompanied by evidence of the identity of the applicant; and

(c) state that the applicant accepts responsibility for any lending book borrowed by the applicant including any fees or charges imposed in relation to that book.

(3)  An application under subregulation (1) made by a person who is less than 18 years of age is to –

(a) be signed by a parent, guardian or other adult person having care or control of the applicant; and

(b) contain an undertaking by that parent, guardian or other adult person that they will pay any fees or charges incurred by the applicant.

5.   Grant of Librarycard

(1)  On receipt of an application, the Secretary may grant or refuse the application.

(2)  If the Secretary grants an application, he or she is to issue a Librarycard to the applicant.

6.   Librarycard

(1)  A Librarycard authorises the cardholder to borrow any lending book.

(2)  If a Librarycard is lost, destroyed or damaged, the Secretary may require the cardholder to pay an amount equivalent to 5 fee units, or a lesser amount determined by the Secretary, for the replacement of that card.

(3)  If a Librarycard is lost and that fact has been reported to the Secretary, the cardholder is not responsible for any book borrowed on that Librarycard on or after the day on which its loss was reported.

(4)  A cardholder who loses his or her Librarycard and has not reported that fact to the Secretary remains responsible for any book borrowed on that Librarycard until the day the loss is reported to the Secretary.

7.   Notification of change of address

A cardholder is to notify the Secretary of any change of address within 7 days of that change.

PART 3 - Use of library services

8.   Books on loan

The Secretary may determine the maximum number of lending books that a cardholder may have out on loan at any one time.

9.   Retention of books

(1)  The Secretary may determine the period of time that a cardholder may retain any book borrowed from the State Library Service.

(2)  A person who is 18 years old or older and who retains a book for a period exceeding that determined under subregulation (1) must pay a fine of $1 for every week, or part of a week, that the book is retained beyond that determined period.

(3)  Despite subregulation (2) , a fine imposed under that subregulation in respect of any one book must not exceed $5.

(4)  In addition to the fine under subregulation (2) the Secretary may require the cardholder to pay a further amount, determined by the Secretary, representing the processing, accounting or other administrative costs incurred in the recovery of the book.

(5)  The Secretary may require the cardholder to pay an amount equivalent to the replacement value of the book if the cardholder refuses or fails to return the book for which the fine was imposed.

(6)  For the purposes of subregulation (5) ,

replacement value, in relation to a book, means the total of the following amounts:

(a) the purchase price of a new book to replace the book that was not returned as at the day on which a fine under subregulation (2) was imposed;

(b) an amount determined by the Secretary as representing the processing, accounting or other administrative costs incurred, or likely to be incurred, in the replacement of the book.

(7)  The replacement value specified in subregulation (6) is inclusive of GST, within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.

10.   Librarycard for other services

The Secretary may determine that the provision of a service of the State Library Service, other than the lending of books, can be provided only on the presentation of a Librarycard.

PART 4 - Offences

11.   Offences

(1)  A person must not –

(a) wilfully disturb or interrupt any person using the State Library Service; or

(b) cause or allow an animal, other than a guide dog, as defined in the Guide Dogs and Hearing Dogs Act 1967 , under that person's care to enter or remain on library property; or

(c) enter or remain on any library property that is not set apart for public access unless –

(i) he or she is an employee; or

(ii) he or she is authorised to enter that property by an employee; or

(d) strike a flame or smoke a cigarette on library property; or

(e) affix or post a bill or notice to or on library property unless that person is an employee or is authorised to do so by an employee; or

(f) enter or use any State library if that person is –

(i) unclean in dress or person; or

(ii) appears intoxicated or under the influence of a drug; or

(g) eat or drink in any area of a State library that is not an eating area; or

(h) take from any State library a book that is not a lending book unless authorised to do so by an employee.

Penalty:  Fine not exceeding 2 penalty units.

(2)  A person must not –

(a) negligently or wilfully mark, deface, damage or destroy a book of which the Secretary has care and control; or

(b) misuse, mark, deface, damage or destroy –

(i) the walls or fittings of; or

(ii) any equipment in; or

(iii) any computer resource, operating system or internet site of –

a State library.

Penalty:  Fine not exceeding 5 penalty units.

(3)  An employee may direct a person to leave any State library or exclude a person from any State library if that person contravenes this regulation.

12.   Parking of vehicles on library property

(1)  A person must not park a motor vehicle, motor bike or bicycle on library property unless –

(a) authorised to do so by the Secretary; or

(b) that person is a visitor to the State Library Service and –

(i) the motor vehicle, motor cycle or bicycle is parked in a designated parking area; and

(ii) does not remain parked for a period exceeding the period specified on a sign erected in the parking area by the Secretary for that purpose.

Penalty:  Fine not exceeding 2 penalty units.

(2)  An employee may direct a person who has parked a motor vehicle, motor cycle or bicycle in contravention of subregulation (1) to remove the motor vehicle, motor cycle or bicycle from library property immediately or within a period specified by the employee.

(3)  A person who is given a direction under subregulation (2) must comply with that direction.

Penalty:  Fine not exceeding 2 penalty units.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 25 December 2002

These regulations are administered in the Department of Education.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) provide for the issue of library books; and

(b) provide for the use of the State library and State library services.