Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 135K

If records notice is given

             (1)  Where a records notice is given by, or on behalf of, an administering body, the body shall:

                     (a)  mark, or cause to be marked, in accordance with the regulations, each copy in analog form of a broadcast made by it, or on its behalf, while the notice is in force, or any container in which such a copy is kept;

                     (b)  make, or cause to be made, a record of each copying of a broadcast, and each communication of such a copy, carried out by it, or on its behalf, while the notice is in force, being a record containing such particulars as are prescribed;

                     (c)  retain that record for the prescribed retention period after the making of the copy or communication to which it relates; and

                     (d)  send copies of all such records to the collecting society in accordance with the regulations.

             (2)  A record of the kind referred to in paragraph (1)(b):

                     (a)  may be kept in writing or in any other manner prescribed in the regulations; and

                     (b)  if it is kept in writing, shall be in accordance with the prescribed form.

          (2A)  A matter that:

                     (a)  relates to an activity required by paragraph (1)(b), (c) or (d); and

                     (b)  needs, or is convenient, to be determined; and

                     (c)  is not determined by subsection (1) or (2) or regulations made for the purposes of paragraph (1)(b), (c) or (d) or (2)(a) or (b);

is to be determined by agreement between the administering body and the collecting society or, failing such agreement, the Copyright Tribunal on the application of either of them.

          (2B)  Sections 135E and 135F do not apply to a copy of a broadcast, or a communication of a copy of a broadcast, made by or on behalf of the administering body during a period in which:

                     (a)  an agreement, or an order of the Copyright Tribunal, determining a matter described in subsection (2A) is in force; and

                     (b)  the body does not comply with the agreement or order.

If sampling notice is given

             (3)  Where a sampling notice is given by, or on behalf of, an administering body, the body shall mark, or cause to be marked, in accordance with the regulations, each copy in analog form of a broadcast made by it, or on its behalf, while the notice is in force, or any container in which such a copy is kept.