Document ID: chunk:federal_register_of_legislation:F2024C01026:reg:24
Version: federal_register_of_legislation:F2024C01026
Segment Type: reg
Provision Reference: reg 24
Character Range: 21240–23043

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.

Division 5—Miscellaneous offences