Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 135ZX

If records notice is given

             (1)  Where a records notice is given by, or on behalf of, an administering body to a collecting society in respect of licensed copies made in hardcopy form or analog form, the administering body shall:

                     (a)  mark, or cause to be marked, in accordance with the regulations, each such licensed copy 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 the making of each such licensed copy that is 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 to which it relates; and

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

             (2)  For the purposes of subsection (1), a record of the making of a licensed copy:

                     (a)  may be kept in writing or in any other manner prescribed; 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 135ZJ, 135ZK, 135ZL, 135ZMC, 135ZMD, 135ZMDA, 135ZP and 135ZS do not apply to a reproduction or copy of a work or other subject‑matter made in hardcopy form or analog form 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)  If a sampling notice is given by, or on behalf of, an administering body to a collecting society in respect of licensed copies made in hardcopy form or analog form, the administering body must mark, or cause to be marked, in accordance with the regulations, each such licensed copy made by it, or on its behalf, while the notice is in force, or any container in which such a copy is kept.

Regulations relevant to records notices and sampling notices

             (4)  Regulations made for the purposes of paragraph (1)(a) or (b) or subsection (3) may prescribe different marks or particulars, and impose different requirements, in relation to different kinds of licensed copies or different kinds of works or eligible items.