Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 135ZS

             (1)  The copyright in an eligible item, or in any work or other subject‑matter included in an eligible item, is not infringed by the making or communication by, or on behalf of, a body administering an institution assisting persons with an intellectual disability of a copy of the whole or a part of the eligible item if:

                     (a)  a remuneration notice, given by or on behalf of the body to the relevant collecting society, is in force; and

                     (b)  the copying or communication is carried out solely for the purpose of use in the provision, whether by the institution or otherwise, of assistance to persons with an intellectual disability; and

                     (c)  the body complies with subsection 135ZX(1) or (3) or section 135ZXA, as the case requires, in relation to the copy or communication.

             (2)  Subsection (1) does not apply to the making or communication of a copy of the whole or a part of:

                     (a)  an eligible item, being a work that has been separately published in a form that would be suitable for use in the provision of the assistance referred to in that subsection; or

                     (b)  an eligible item that is not a work;

unless the person who makes the copy or communication, or causes the copy or communication to be made, is satisfied after reasonable investigation that:

                     (c)  in the case of an eligible item referred to in paragraph (a)--no new copy of the eligible item in a form suitable for use in the provision of that assistance can be obtained or is available electronically within a reasonable time at an ordinary commercial price; or

                     (d)  in the case of an eligible item referred to in paragraph (b)--no new copy of the eligible item alone can be obtained or is available electronically within a reasonable time at an ordinary commercial price.

             (3)  For the purposes of this section, a copy shall be taken to be new if it is not second‑hand.