Libraries Regulations 2022

Libraries Regulations 2022

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 .

B. BAKER

Governor

By Her Excellency's Command,

R. C. JAENSCH

Minister for Education, Children and Youth

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Libraries Regulations 2022 .

2.   Commencement

These regulations take effect on 11 December 2022.

3.   Interpretation

(1)  In these regulations –

Act means the Libraries Act 1984 ;

application means an application made under regulation 4(1) ;

body means an organisation or institution established in Tasmania;

cardholder means a person to whom a library card 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;

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, under subregulation (2) , as suitable for lending to cardholders;

library card means a card issued under regulation 5 ;

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 where motor vehicles, motor bikes and bicycles may be parked.

PART 2 - Library Cards

4.   Application for library card

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

(2)  An application is to –

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

(b) state that the applicant accepts responsibility for any lending book borrowed by the applicant, including responsibility for any charge payable for the cost of replacing a lending book that is lost, or damaged, while borrowed by the applicant.

(3)  Subject to subregulation (4) , if an application is made in relation to a person who has not attained the age of 18 years, the application 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 charges incurred by the applicant.

(4)  Subregulation (3) does not apply if the applicant referred to in that subregulation –

(a) has attained the age of 16 years; and

(b) is not under the care or control of any adult person.

5.   Grant of library card

(1)  The Secretary may grant or refuse an application.

(2)  Without limiting the generality of subregulation (1) , the Secretary may refuse to grant an application if the applicant does not provide evidence of the identity of the applicant, if requested to do so by the Secretary.

(3)  If the Secretary grants an application, the Secretary is to issue a library card to the applicant.

6.   Library card

(1)  A library card authorises the cardholder –

(a) to borrow any lending book; and

(b) to access digital information provided by the library and to use computers, provided by the library for the use of cardholders, so as to access digital information; and

(c) to be provided with such library services, as determined by the Secretary, that may only be provided to a person on the presentation of a library card.

(2)  If a library card is lost, the cardholder –

(a) is to notify the Secretary as soon as practicable of the loss of the library card; and

(b) is responsible for any book borrowed, using that library card, on or before the day on which the loss is reported to the Secretary; and

(c) is not responsible for any book borrowed, using that library card, on or after the day on which the loss was reported.

7.   Notification of change of contact information

(1)  In this regulation –

contact information, in relation to a cardholder, means each of the following:

(a) a postal address for the cardholder;

(b) a contact telephone number for the cardholder;

(c) an email address for the cardholder.

(2)  A cardholder is to notify the Secretary of a change in the cardholder's contact information within 7 days of the change occurring, if the contact information was provided by the cardholder as part of an application.

PART 3 - Use of Library Services

8.   Maximum number of books that may be borrowed

The Secretary may determine the maximum number of lending books that a cardholder may borrow at any one time.

9.   Retention of books

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

(2)  The library card of a cardholder is suspended if the cardholder –

(a) borrows a book from the State Library Services; and

(b) does not return the book, to the State Library Services, within the maximum period determined under subregulation (1) .

(3)  The Secretary may, by notice to the cardholder, require the cardholder to pay to the Secretary, within a period specified in the notice, the replacement value of a book if –

(a) the cardholder borrowed the book from the State Library Services and has not returned the book to those Services; and

(b) at least 4 weeks have passed since the expiry of the maximum period, determined under subregulation (1) , that applies in respect of the book.

(4)  For the purposes of a notice under subregulation (3) in respect of a book, the replacement value of the book –

(a) is the price of purchase of a new copy of the book, or the price that would be payable if a new copy of the book were able to be purchased, on the day on which the notice is issued; and

(b) is to be specified inclusive of GST, within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.

PART 4 - Offences

10.   Offences

(1)  A person must not –

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

(b) cause or allow an animal, other than a guide dog within the meaning of the Guide Dogs and Hearing Dogs Act 1967 , to enter or remain on library property; or

(c) enter or remain on any library property that is not open to the public unless the person is authorised to do so –

(i) in the person's own capacity as an employee; or

(ii) by an employee; or

(d) while on library property –

(i) create, or strike, a flame; or

(ii) smoke a tobacco product, or a non-tobacco cigarette or a personal vaporiser product, within the meaning of the Public Health Act 1997 ; or

(e) affix or post a sign or notice to, or on, library property unless the person is authorised to do so –

(i) in the person's own capacity as an employee; or

(ii) by an employee; or

(f) enter or use a State library if the person, in the opinion of an employee, appears to be intoxicated or under the influence of a drug or other substance; or

(g) take, from a State library, a book that is not a lending book, unless authorised to do so under the Act.

Penalty:  Fine not exceeding 2 penalty units.

(2)  A person must not –

(a) negligently or wilfully mark, deface, damage or destroy a book that is in the care and control of the State Library Service; or

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

(i) the walls or fittings of a State library; or

(ii) the equipment within a State library; or

(iii) the computer resources, operating systems or internet sites of a State library.

Penalty:  Fine not exceeding 5 penalty units.

(3)  If an employee believes, on reasonable grounds, that a person has contravened this regulation, the employee may –

(a) direct the person to leave a State library or library property; or

(b) exclude the person from a State library or library property.

(4)  A person must comply with a direction given to the person, or with the exclusion of the person, by an employee under subregulation (3) .

Penalty:  Fine not exceeding 2 penalty units.

11.   Parking of vehicles

(1)  A person must not park a motor vehicle, motor bike, bicycle or other wheeled recreational device on library property except where –

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

(b) the person is a visitor to the State Library Service and the person's motor vehicle, motor bike, bicycle or other wheeled recreational device –

(i) is parked in a designated parking area; and

(ii) if a maximum parking period is specified on a sign erected in the parking area by the Secretary, does not remain so parked for a period that exceeds that specified maximum period.

Penalty:  Fine not exceeding 2 penalty units.

(2)  An employee may direct a person who has parked a motor vehicle, motor bike, bicycle or other wheeled vehicle on library property in contravention of subregulation (1) to remove the vehicle from library property immediately or within such period as is specified by the employee in the direction.

(3)  A person to whom a direction under subregulation (2) applies must comply with the direction.

Penalty:  Fine not exceeding 2 penalty units.

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

Notified in the Gazette on 30 November 2022

These regulations are administered in the Department for Education, Children and Young People.