Federal Register of Legislation - Australian Government

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Library Order 2005

Authoritative Version
200500001 Orders/Other as made
The Order contains information about access to and use of the University Library, and about penalties that may be imposed on users.
Administered by: DEST
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 6
Registered 21 Feb 2005
Date of repeal 15 Dec 2006
Repealed by Information Infrastructure and Services Rules 2006

THE AUSTRALIAN NATIONAL UNIVERSITY

 

LIBRARY ORDER 2005

The Council of the Australian National University makes this Order under section 3 of the Library Statute.

 

Dated: 10 December 2004.

 

 

 

 

Peter Baume AO

Chancellor

________________________________________________________________________

Name of Order and commencement

1 (1)    This Order is the Library Order 2005.

(2)       This Order commences on 31 December 2004, immediately after the commencement of the Orders (Repeal) Order 2004.

Interpretation

2 In this Order, unless the contrary intention appears:

"automated borrowing" means a borrowing of an item from a Library collection, being a borrowing that is recorded by the Library by a means:

              (a)   that involves use of a computer or other electronic device; and

              (b)   that the Librarian has determined in writing to be a system of automated borrowing;

"collection" means a collection of items in the Library;

"item" includes a book, periodical, newspaper, thesis, pamphlet, musical score, map, plan, chart or table, sound recording, cinematograph film, audio-visual material and microform material;

"Loans desk" means any desk, table or counter in a library including any associated book chute used for the purpose of borrowing and returning items.

Return of borrowed items

3 (1) Where a person borrows an item from a Library collection for other than a 2-hour, overnight or 2-day loan, the person shall return the item to a Loans Desk on or before the date specified on the borrowing slip relating to the item.

(2) Where a person borrows an item from a Library collection for other than a 2-hour, overnight or 2-day loan and no date is specified on the borrowing slip relating to the item, the person shall return the item to a Loans Desk within 28 days in the case of books and 7 days in the case of periodicals from the day on which the item was borrowed.

(2A) Despite subclauses (1) and (2), where a person borrows an item from a Library collection for other than a 2-hour, overnight or 2-day loan, the Librarian may, either orally or by notice in writing sent to the person, require the person to return the item to a Loans Desk on or before a specified date, being a date earlier than the date mentioned in subclause (1) or (2).

(2B) A person who, without reasonable excuse, fails to comply with subclause (1), (2) or (2A) shall, subject to this clause, be liable to pay to the University a fine of $2 for each day that the failure continues.

(3) Where, on or after the commencement of this Order, a person borrows an item from a Library collection for a 2-hour or overnight loan, the person shall return the item to a Loans desk on or before the date and time specified on the borrowing slip relating to the item.

(4) A person who, without reasonable excuse, fails to return an item referred to in sub-clause (3) on or before the date and time specified on the borrowing slip relating to the item, shall, subject to this clause, be liable to pay to the University a fine of $1 for each hour, or part of an hour, that the person fails to return the item after the expiration of the time specified in that borrowing slip.

(4A) Where a person borrows an item from a collection for a 2-day loan, the person shall return the item to a Loans Desk on or before the date specified on the borrowing slip relating to the item.

(4B) A person who, without reasonable excuse, fails to comply with subclause (4A) shall, subject to this clause, be liable to pay to the University a fine of $2 for each day that the failure continues.

(4C) Subclauses (2B), (4) and (4B) do not apply in respect of automated borrowings.

(5) A person shall not be liable to pay a fine under this clause exceeding $30 in respect of any one item.

Demerit points system for automated borrowings

3A (1) A person who fails to comply with subclause 3 (1),(2), (2A), (3) or (4A) in respect of an automated borrowing is liable to incur demerit points in respect of the non-compliance.

(2) The Librarian may, in writing, determine the method of calculating the number of demerit points a person is liable to incur in respect of such a non-compliance, and may determine different methods of calculation in respect of different kinds of non-compliance.

(3) If, during a year, a person incurs more than the number of demerit points determined, in writing, by the Librarian, the Librarian may cause a written notice to be given to the person;

              (a)   specifying the number of demerit points incurred; and

              (b)   requiring the person to pay to the University a fine of an amount calculated in accordance with subclause (4); and

              (c)   describing the effect of subclause 4 (2).

(4) The amount of the fine is:

              (a)   if the number of demerit points is greater than 10,000 - $100; or

              (b)   in any other case - an amount equivalent to one cent for each demerit point.

(5) The person is liable to pay to the University the fine specified in the notice.

(6) If a person is given a notice under subclause (3), the demerit points in respect of which the notice is issued are to be disregarded for the purposes of the issuing of subsequent notices under that subclause.

Failure to pay fine

4 (1) A person who is liable under clause 3 to pay to the University a fine and who refuses or fails to pay the fine before the expiration of 1 month after the day on which the person became liable to pay the fine, shall not be entitled to borrow any item from any collection of the Library until the fine has been paid.

(2) A person who is liable under clause 3A to pay to the University a fine is not entitled to borrow any item from any collection of the Library until the fine has been paid and period of 7 days has elapsed after the payment of the fine.

Loss or destruction of borrowed items

5 (1) Where, on or after the commencement of this Order, an item that is borrowed from a library collection is lost or destroyed, the person who borrowed the item:

              (a)   shall notify the Librarian in writing of the loss or destruction of the item as soon as practicable; and

              (b)   shall be liable, unless the Librarian otherwise directs, to pay to the University such amount as is necessary to pay the costs (including any reasonable administrative costs) to the Library of replacing the item.

(2) Where a person:

              (a)   borrows an item from a Library collection; and

              (b)   fails to return the item, or to notify the Librarian in writing of the loss or destruction of the item, before the end of 2 weeks after the day on which the person breached clause 3 in relation to return of the item;

the item is to be taken to have been lost and the person is, unless the Librarian otherwise directs, liable to pay to the University such amount as is necessary to pay the costs (including any reasonable administrative costs) to the Library of replacing the item.

 (3) Where a person is liable to pay an amount to the University under this clause, the Librarian shall cause a notice in writing to be given to the person specifying the amount to be paid by the person and the person shall pay to the University the amount so specified within 1 month of the date of the notice.

 (4) A person who, without reasonable excuse, refuses or fails to comply with sub-clause (3) shall not be entitled to use the Library or any facilities of the Library until the amount that person is liable to pay to the University under this clause has been paid.

Damage of items

6 (1) A person who, on or after the commencement of this Order, knowingly damages any item in a Library collection or any article, other than an item, in the Library, shall pay to the University a fine of $5, together with such amount as is necessary to repair the damage or, in a case where the damage is irreparable, such amount as is necessary to pay the costs (including any reasonable administrative costs) to the Library of replacing the item or article.

(2) Where a person becomes liable to pay to the University a fine or other amount under this clause, the Librarian shall cause a notice in writing to be given to the person specifying the total amount payable by the person and the person shall pay to the University the amount so specified within 1 month of the date of the notice.

(3) A person who, without reasonable excuse refuses or fails to comply with sub-clause (2) shall not be entitled to use the Library or any facilities of the Library until the amount that the person is liable to pay to the University has been paid.

Conduct of users of Library

7 (1) A person who uses the Library shall at any time if so required by the Librarian or a member of the staff of the Library, produce proof of identity.

(2) A person who uses the Library shall permit the Librarian, or a member of the staff of the Library, if so required by the Librarian or that member of the staff, to inspect at any time any bag, folder, container or article in the possession of the person.

(3) A person who uses the Library shall not, while using the Library, make any unnecessary noise or otherwise behave in a manner that unreasonably disturbs, or is likely to unreasonably disturb, other persons using the Library.

(4) The Librarian, or a member of the staff of the Library, may require a person to leave the Library if the person refuses or fails to comply with a requirement of this clause.

Application of sub-rule 5 (2)

8 An offence against clause 3, 3A, 5, 6 or 7 is an offence to which sub-rule 5 (2) of the Library Rules applies.