Northern Territory Repealed Regulations

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This legislation has been repealed.

[This Regulation commenced on 17 January 2001 and was repealed by the CHARLES DARWIN UNIVERSITY (LIBRARY) BY-LAWS which commenced on the 26 January 2005.]

NORTHERN TERRITORY UNIVERSITY (LIBRARY) BY-LAWS

NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY UNIVERSITY (LIBRARY) BY-LAWS

As in force at 17 January 2001

TABLE OF PROVISIONS

By-law


1. Citation

2. Definitions

3. Role of Chief Librarian

4. University Library hours

5. Persons who may use University Library

6. General conduct in University Library

7A. Borrowing

7B. Replacement and repair

7C. Penalties

7D. Notification

7E. Chief Librarian's discretion

8. Library cards

9. Enforcement


Notes


NORTHERN TERRITORY OF AUSTRALIA


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This reprint shows the By-laws as in force at 17 January 2001. Any amendments that may come into operation after that date are not included.

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NORTHERN TERRITORY UNIVERSITY (LIBRARY) BY-LAWS


By-laws under the Northern Territory University Act


  1. Citation

These By-laws may be cited as the Northern Territory University (Library) By-laws. (See back note 1)

  1. Definitions

In these By-laws –

"Chief Librarian" means the person holding the office of Chief Librarian of the University, and includes any person for the time being acting in or performing the duties of that office, and any officer of the University for the time being authorised by the Vice-Chancellor in writing to act as Chief Librarian for the purposes of these By-laws;

"University Library" means the Northern Territory University Library as from time to time constituted or located and, except where the context otherwise requires, includes all library materials and all machines, equipment and other facilities provided by or available at the University Library;

"a student" is a person enrolled in an award course of the University, or such other person as the Chief Librarian, in relation to these By-laws, so determines;

"library materials" means all informational materials held by the University library or purchased with University funds and includes books, manuscripts, serials, sound and image recordings and databases; the media on which they are stored; and the equipment with which they are read.

  1. Role of Chief Librarian

Subject to these By-laws and to any decision of, or directions given by, the Council or the Vice-Chancellor, the Chief Librarian has the control and management of the University Library and may (in addition to any powers conferred specifically by these by-laws) give such directions as appear to the Chief Librarian necessary or desirable with respect to the use of the University Library and the conduct of persons using it.

  1. University Library hours

(1) The usual hours during which the University Library will be open shall be prescribed by the Chief Librarian and posted on a notice board at all entrances to the University Library and the different hours may be prescribed for different parts of the University Library.

(2) Notice of any alteration in the usual hours shall be similarly posted not less than seven days before the alteration takes effect.

(3) Notwithstanding clause (2), the Chief Librarian may close the whole or any part of the University Library without due notice if that appears to the Chief Librarian to be necessary or expedient for any reason whatsoever.

  1. Persons who may use University Library

(1) Subject to clauses (2) and (3), and to any exclusion or suspension imposed under these or any other By-laws, the following persons (referred to collectively as authorised users) have the right to use the University Library:

(a) members of the Council or staff of the University;

(b) students of the University;

(c) persons holding degrees or other awards conferred or granted by, or in respect of a course of study at the University or the former University College of the Northern Territory or Darwin Institute of Technology;

(d) persons holding University Library cards issued under by-law 8; and

(e) any other person having the permission (which may be given orally, and subject to any conditions or restrictions) of the Chief Librarian, or of any member of the staff of the University Library authorised by the Chief Librarian to give permission on his or her behalf.

(2) The Chief Librarian may reserve any part or parts of the University Library for the exclusive use of a restricted category of authorised users.

  1. General conduct in University Library

(1) A person shall not behave in the University Library in such a manner as to interfere with its proper use by others or to cause damage or the risk of damage to any University Library materials or facilities.

(2) Without limiting the generality of clause (1), a person shall not –

(a) smoke, eat or drink in any part of the University Library except a part specifically set aside for the purpose by the Chief Librarian;

(b) bring an animal into the University Library, unless the person is a visually or hearing impaired person being escorted by a guide or hearing dog and has the consent of the member of staff in charge of the Library to bring the dog into the Library;

(c) offer anything for sale in the University Library without the permission of the Chief Librarian;

(d) put up any bill, placard or notice in the University Library without such permission; or

(e) use a mobile phone in any part of the University Library without the permission of the member of staff in charge of the Library.

(3) A child who has not attained the age of 14 years shall be admitted to the University Library only if accompanied by an adult who is an authorised user within the meaning of by-law 5(1) and who undertakes to be responsible for the child, and if a member of the staff of the University Library considers that the child’s behaviour is causing disturbance to others, he or she may require the adult and the child to leave the University Library.

(4) A person on University Library premises shall comply at all times with any reasonable direction given by a member of the staff of the University Library.

(5) A person shall not remove any University Library materials from the University Library otherwise than by borrowing them in accordance with the procedures prescribed under by-law 7, and shall not do anything intended to hinder others in finding materials they may wish to use.

(6) If the Chief Librarian so requires, a person entering the Library with any case, bag, parcel or similar item shall deposit it at that person’s own risk in a place set aside for the purpose.

(7) Without prejudice to clause (4), a person who has brought any case, bag, parcel or similar item into the University Library shall, if so requested by a member of the staff of the University Library, allow it to be inspected before leaving the University Library.

(7A) A person who is in possession of a mobile phone must turn off the phone before entering the University Library, and keep the phone turned off at all times while the person is in the Library, unless the person has the permission of the member of staff in charge of the Library to use the phone in the Library.

(8) No person may reserve a seat in any part of the University Library that is open to all authorised users within the meaning of by-law 5(1), and any personal belongings that are left unattended in any such part for more than 45 minutes, or when the University Library closes, may be removed by any member of the staff of the University Library and stored at their owner’s risk as the Chief Librarian may direct.

(9) A person who, in the opinion of a member of staff of the University Library, has contravened or failed to comply with any of the provisions of this by-law shall, if so requested, give the member his or her name and address and produce (if able to do so) some means of identification.

7A. Borrowing

(1) Subject to clauses (2) and (3) and to any suspension or exclusion imposed under these or any other By-laws, library materials may be borrowed:

(a) by any student of the University;

(b) by any members of the Council or staff of the University; or

(c) by any other person holding a University Library card issued under by-law 8.

(2) The procedure for borrowing library materials and the conditions on which they are borrowed, including conditions as to the number of items that a borrower may have on loan at any one time and the duration and renewal of loans, shall be such as are prescribed by the Chief Librarian and the Chief Librarian may prescribe different conditions for different classes of borrowers registered in accordance with clause 1 and in relation to different classes of materials.

(3) The Chief Librarian may direct that the borrowing of any specified library materials be restricted to borrowers of a specified class or classes.

(4) The Chief Librarian may prescribe the acceptable form of identification for borrowers of a specified class or classes.

(5) A borrower may be required to return any item to the University Library by a date earlier than that on which the loan would otherwise expire by a notice issued by or on behalf of the Chief Librarian and posted to the borrower's address shown in the University Library records.

(6) A borrower who fails to return any item by the date on which it is due (whether by reason of the expiry of the loan or the giving of a notice under clause (5)) shall be liable to penalties as specified in by-law 7C.

(7) The Chief Librarian shall provide for the keeping of records with respect to borrowing of library materials, and details duly entered in the records of any item borrowed, of the person in whose name and the date on which it was borrowed, of the original loan period and any renewal, or of any notice issued with respect to the time under clause (5), shall, for the purposes of these By-laws be taken to be correct unless the contrary is shown.

(8) The Chief Librarian may authorise a person (subject to any conditions the Chief Librarian may think fit to impose) to retain library materials in the person’s possession for purposes approved by the Chief Librarian.

7B. Replacement and repair

(1) Where a borrower has notified the University Library that an item is lost or an item has been deemed to be lost under clause (4), the borrower –

(a) shall be liable to pay to the University on demand a sum equal to the cost, as assessed by the Chief Librarian, of replacing the item, together with an administrative charge of an amount from time to time fixed by the Council; or

(b) may instead, with the approval of the Chief Librarian, provide the University Library with a replica of or replacement of the item and pay the University an administrative charge of an amount from time to time fixed by the Council.

(2) Where an item borrowed from the University Library is damaged otherwise than by fair wear and tear, the borrower shall be liable to pay to the University on demand a sum equal to the cost of repairing the item or, if the Chief Librarian should consider it necessary that the item be replaced, the replacement cost and administrative charge as specified in clause (1).

(3) A borrower who complies with clause (1) or (2) in respect of any item does not by so doing acquire any property in the item, and if the item is subsequently returned to the University Library, the Chief Librarian has a discretion to direct the repayment to the borrower of the whole or part of any sum paid by the borrower, or the return of any replica or replacement provided by the borrower.

(4) An item which has been overdue for 30 days shall be deemed to be lost.

7C. Penalties

(1) The Chief Librarian may prescribe penalties for failure to return any item by the date or time on which it is due (whether by reason of the expiry of the loan or the giving of a notice under by-law 7A). Different penalties may be prescribed in relation to different classes of materials.

(2) Such penalties may include a monetary fine and/or a period of suspension of borrowing privileges.

(3) Monetary fines shall be a charge for each period of time that the item is overdue of an amount from time to time fixed by the Council, and the Council may fix different amounts for different classes of material.

(4) The borrowing privileges of a borrower may be suspended by the Chief Librarian until any overdue items have been returned and for such additional periods of suspension which may be fixed by the Council in regard to specific classes of materials and/or specific circumstances.

(5) Penalties under this by-law shall cease to accrue after 30 days or, if earlier, on the day on which the item concerned is returned, or the University Library receives written notice from the borrower that the item concerned is lost. The total penalties for which a borrower may be liable in respect of that item shall not in any event exceed an amount from time to time fixed by the Council for items of that class.

7D. Notification

(1) Copies of the conditions for the time being prescribed by the Chief Librarian and details of any directions for the time being in force under by-law 7A, of the amounts fixed by the Council for the purposes of by-laws 7B and 7C shall be available in the University Library at all times.

7E. Chief Librarian's discretion

(1) The Chief Librarian has a discretion to reduce or waive any charges, fees or penalties for which a person has become liable under these By-laws.

  1. Library cards

(1) A person other than a student wishing to borrow Library materials may apply to the Chief Librarian for the issue of a University Library card.

(2) An application shall be in accordance with a form prescribed by the Chief Librarian, who shall if it appears to the Chief Librarian that the applicant is a fit and proper person issue a card on payment of the appropriate fee.

(3) The form of application prescribed by the Chief Librarian shall include –

(a) an undertaking by the applicant to comply with all by-laws and rules for the time being in force with respect to the University Library, and all conditions and directions for the time being in force with respect to the borrowing of Library materials; and

(b) an undertaking by the applicant or, if he or she has not attained the age of 18 years, by a parent or guardian of the applicant or some other person acceptable to the Chief Librarian to pay all charges, fees, and other amounts for which the applicant may become liable under any such by-laws or rules.

(4) The period for which a University Library card is valid shall be fixed by the Chief Librarian, and different periods may be fixed for cards issued to different classes of borrowers.

(5) A University Library card is not capable of transfer from one person to another.

(6) The holder of a University Library card that is lost shall report the loss to the Chief Librarian, who shall issue a replacement card on payment of the appropriate fee.

(7) The holder of a University Library card shall notify the Chief Librarian of any change of address.

(8) A University Library card issued to a person whose application was in a false name or stated a false address is invalid.

(9) References in clauses (2) and (6) to the appropriate fee are references to the fee from time to time fixed by the Council, and different fees may be fixed in relation to cards issued to different classes of borrowers.

  1. Enforcement

(1) The member of staff for the time being in charge of the University Library may exclude therefrom, a period not exceeding 24 hours from the time of exclusion, any person appearing to the member of staff to be behaving, or likely to behave, in a disruptive or destructive manner, and shall record any such incident in a book provided by the Chief Librarian for the purpose.

(2) Where it appears to the Chief Librarian –

(a) that a person has contravened or failed to comply with –

(i) a by-law or rule relating to the University Library;

(ii) a condition under by-law 7A relating to the borrowing of library materials; or

(b) that any charge, fee or other amount for which a person is liable to pay under by-laws 7A and 7B has not been paid,

the Chief Librarian may suspend that person’s right to use the University Library or to borrow library materials, or both such rights.

(3) A suspension under clause (2) has effect –

(a) as specified in by-law 7C if imposed for a borrower's failure to return an item by the date due;

(b) until payment has been made in full if imposed for a failure to pay fees or charges; or

(c) in any other case, for a period determined by the Chief Librarian and specified in the notice given by the Chief Librarian pursuant to clause (4).

(4) On imposing a suspension on any person under clause (2), the Chief Librarian shall notify that person of the suspension by a notice posted to the person’s address shown on the University records, and –

(a) the person suspended may within a period of 14 days beginning with the date of the notice appeal in writing to the Vice-Chancellor; and

(b) the Vice-Chancellor or a person authorised by the Vice-Chancellor to deal with the matter –

(i) shall consider the appeal within 14 days after receiving it;

(ii) may uphold the suspension, cancel it, or vary any period for which it was imposed; and

(iii) shall give notice of the decision on the appeal to the Chief Librarian, and to the applicant at the address of the applicant shown in the University records.

(5) The power of suspension conferred on the Chief Librarian by clause (2) is without prejudice to the power of the Chief Librarian to prefer a charge against a student under the Northern Territory University (Student Conduct) By-laws, but the Chief Librarian shall not prefer such a charge on the grounds specified in clause (2)(b) unless the amount for which the student is liable exceeds an amount from time to time determined by the Council.

(6) Where it appears to the Chief Librarian that a person has persistently failed to return borrowed items on the due date, or has lost an unreasonable number of items which that person has borrowed, the Chief Librarian has a discretion to suspend that person’s right to borrow for such period as the Chief Librarian thinks fit or to withdraw that person’s University Library card altogether.

(7) The Chief Librarian shall record in the University’s financial records, all charges, fees, fines or other amounts for which a person is liable under by-laws 7B and 7C and any payments which may be made via the University Library.

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Notes

1. The Northern Territory University (Library) By-laws, in force under the Northern Territory University Act, comprise By-laws made on

15 December 1988 and amendments made by other legislation, the details of which are specified in the following table:



Date made
Date notified in the Gazette
Date of commencement
Northern Territory University (Library) By-laws
15 Dec 1988
21 Dec 1988
21 Dec 1988
Amendments of Northern Territory University (Library) By-laws
27 Sept 1990
17 Oct 1990
17 Oct 1990
Amendments of Northern Territory University (Library) By-laws
3 Aug 1995
10 Jan 1996
10 Jan 1996
Amendments of Northern Territory University (Library) By-laws
7 Dec 2000
17 Jan 2001
17 Jan 2001

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