Commonwealth Numbered Regulations

COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2001 (NO. 1) 2001 NO. 337 - SCHEDULE 3

(regulation 5)

[1] Regulation 1

substitute

1 Name of Regulations

These Regulations are the National Library Regulations 1994 .

[2] Subregulation 3 (2)

substitute

(2)

A person must comply with a direction under subregulation (1).

Penalty:
5 penalty units.

(3)

Strict liability applies to subregulation (2).

(4)

It is a defence to a prosecution for an offence against subregulation (2) if the person had a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code ).

[3] Subregulation 4 (2)

omit

purpose, unless he or she has a reasonable excuse.

insert

purpose.

[4] Subregulation 4 (4)

omit

direction, unless he or she has a reasonable excuse.

insert

direction.

[5] After subregulation 4 (4), including the penalty

insert

(4A)

Strict liability applies to subregulations (2) and (4).

(4B)

It is a defence to a prosecution for an offence against subregulation (2) or (4) if the person had a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code ).

[6] Regulation 5

substitute

5 Animals in Library buildings

(1)

A person must not bring into a Library building an animal belonging to the person or in his or her charge if the animal is not a guide dog for a person with a hearing or visual impairment.

Penalty:
5 penalty units.

(2)

A person must take reasonable steps to prevent an animal belonging to the person or in his or her charge to enter, or remain in, a Library building if the animal is not a guide dog for a person with a hearing or visual impairment.

Penalty:
5 penalty units.

[7] Regulation 6

substitute

6 Dangerous items in Library buildings

(1)

A person must not bring into, or possess in, a Library building:

(a)

a projectile; or

(b)

a weapon (including a firearm); or

(c)

an inflammable or explosive article or substance.

Penalty:
5 penalty units.

(2)

It is a defence to a prosecution for an offence against subregulation (1) if the person had a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code ).

[8] After subregulation 7 (2)

insert

(3)

A person must not contravene a direction under subregulation (1).

Penalty:
5 penalty units.

[9] Subregulation 8 (1), except the penalty

substitute

(1)

A person must not smoke, eat or drink in a Library building in an area that is not an area where smoking, eating or drinking is permitted by the Director-General.

[10] After subregulation 8 (2)

insert

(2A)

It is a defence to a prosecution for an offence against subregulation (1) if the person had a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code ).

[11] Subregulation 8 (3)

substitute

(3)

A person must not ignite any article, material or substance in a Library building if the ignition is not for:

(a)

maintenance work; or

(b)

cooking or smoking in an area where it is permitted by the Director-General.

Penalty:
5 penalty units.

[12] Regulation 10

substitute

10 Personal conduct on Library property

(1)

A person must not, on Library property:

(a)

interfere with, or engage in conduct that damages, an exhibit, plant, structure or object; or

(b)

engage in conduct that obstructs, disturbs or annoys another person properly using the premises; or

(c)

engage in conduct that destroys, alters or erases a computer program on a computer, computer system or part of a computer system; or

(d)

attach any article to, write on or otherwise engage in conduct that defaces, any structure; or

(e)

engage 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 if the person does not have the written consent of the Council or the Director-General; or

(f)

contravene a reasonable direction of an authorised person.

Penalty:
5 penalty units.

(2)

It is a defence to a prosecution for an offence against paragraph (1) (d) or (f) if the person had a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code ).

(3)

Strict liability applies to paragraph (1) (f).

[13] Subregulation 11 (2)

omit

direction, unless he or she has a reasonable excuse.

insert

direction.

[14] After subregulation 11 (2), including the penalty

insert

(2A)

Strict liability applies to subregulation (2).

(2B)

It is a defence to a prosecution for an offence against subregulation (2) if the person had a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code ).

[15] Subregulation 12 (2)

omit

direction, unless he or she has a reasonable excuse.

insert

direction.

[16] After subregulation 12 (2), including the penalty

insert

(3)

Strict liability applies to subregulation (2).

(4)

It is a defence to a prosecution for an offence against subregulation (2) if the person had a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code ).

[17] Subregulation 13 (3)

substitute

(3)

An authorised liquor seller must not sell or supply liquor if the sale or supply is not in accordance with the authority.

Penalty:
5 penalty units.

[18] Subregulation 20 (3)

omit

direction, unless he or she has a reasonable excuse.

insert

direction.

[19] After subregulation 20 (3), including the penalty

insert

(4)

Strict liability applies to subregulation (3).

(5)

It is a defence to a prosecution for an offence against subregulation (3) if the person had a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code ).

[20] Subregulation 21 (1), except the penalty

substitute

(1)

A person who does not have the written permission of an authorised person must not:

(a)

remove an item of library material that forms part of the Library's collection from a book storage area or a reading room; or

(b)

place anything on an item of library material that forms part of the Library's collection to copy or trace the library material.

[21] Subregulation 21 (2)

substitute

(2)

A person who does not have authority must not remove an item of library material that forms part of the Library's collection from a Library building

Penalty:
5 penalty units.

(2A)

For subregulation (2), a person has authority if the person:

(a)

has written permission of an authorised person; or

(b)

has had a loan record approved by an authorised person.

[22] Subregulation 21 (3)

substitute

(3)

A person must not:

(a)

write in or on, or mark, an item of library material forming part of the Library's collection; or

(b)

engage in conduct that damages an item of library material forming part of the Library's collection; or

(c)

handle an item of library material forming part of the Library's collection in a way likely to damage it.

Penalty:
5 penalty units.

[23] After subregulation 21 (4)

insert

(5)

It is a defence to a prosecution for an offence against subregulation (1), (2) or (3) if the person had a reasonable excuse.

Note
A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code ).