Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 203D

Offence--not arranging declarations chronologically

             (1)  A person commits an offence if:

                     (a)  the person is:

                              (i)  ultimately responsible for administering a library or archives; or

                             (ii)  the officer in charge of a library or archives; and

                     (b)  the person's records include 2 or more declarations made for the purposes of one or more of sections 49, 50, 51A or 110B in relation to reproduction or copying by an authorized officer of the library or archives; and

                     (c)  the declarations are not arranged in the records in the order reflecting the dates on which the declarations were made.

Penalty:  5 penalty units.

             (2)  Subsection (1) does not apply if the person proves that the person took all reasonable precautions, and exercised due diligence, to ensure that the declarations were arranged in the records in the order reflecting the dates on which the declarations were made.

             (3)  Subsection (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code .



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