Exemptions for public libraries
53 Exemptions for public libraries
In this section—
MA material means a film, or computer game, classified MA 15+.
public library means the State Library of New South Wales or a local library within the meaning of the Library Act 1939.
restricted material means—
a film, or computer game, classified R 18+, and
a publication classified Category 1 restricted or Category 2 restricted.
A public library, or any person employed in a public library, does not commit an offence under this Act in respect of any MA material or restricted material that is held in the library if the following requirements are complied with (whether by way of library rules or otherwise)—
the display or perusal of MA material and restricted material, and access to such material by members of the public, must be restricted in an appropriate manner,
MA material and restricted material must not be screened or demonstrated in the library in the presence of members of the public,
minors must not be permitted to borrow restricted material,
minors under 15 must not be permitted to borrow MA material without parental or guardian consent.
In order to comply with subsection (2) (c), it is sufficient that—
the person borrowing the restricted material from the library (the borrower) produced to the person responsible for lending the material documentary evidence that might reasonably be accepted as applying to the borrower and as showing that the borrower was 18 or older, or
the person responsible for lending the material believed on reasonable grounds that the borrower was 18 or older.
In order to comply with subsection (2) (d), it is sufficient that—
the person borrowing the MA material from the library (the borrower) produced to the person responsible for lending the material documentary evidence that might reasonably be accepted as applying to the borrower and as showing that the borrower was 15 or older, or
the person responsible for lending the material believed on reasonable grounds that the borrower was 15 or older (or that parental or guardian consent has been given).
This Act’s bill:Explanatory memorandumSecond reading speech
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