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COPYRIGHT ACT 1968 - SECT 203E

Inspection of records and declarations retained by libraries, archives or institutions

             (1)  The owner of the copyright in a work, sound recording or cinematograph film, or the agent of such an owner:

                     (a)  may notify the officer in charge of a library or archives, in writing, that he or she wishes to inspect:

                              (i)  all the relevant declarations retained in the records of the library or archives that relate to the making, in reliance on section 49, 50, 51A or 110B, of copies of works or parts of works or of copies of other subject-matter; or

                             (ii)  such of those declarations as relate to the making, in reliance on section 49, 50, 51A or 110B, of copies of works or parts of works or of copies of other subject-matter and were made during a period specified in the notice;

                            on a day specified in the notice, being an ordinary working day of the library, archives or institution not less than 7 days after the date of the giving of the notice; and

                     (b)  may, if the notice related to the making of copies of works or parts of works or of copies of other subject-matter in reliance on section 51A or 110B, state in the notice that he or she also wishes to inspect, on the day so specified, the collection of the library or archives.

             (4)  Where a person gives notice, under subsection (1), to the officer in charge of a library or archives that he or she wishes to inspect certain declarations on a particular day, that person may, during the ordinary working hours of the library or archives, on that day, but not earlier than 10 a.m. or later than 3 p.m., inspect the declarations to which the notice relates and, where the notice relates also to the inspection of the collection of the library or archives, may also during those hours on that day inspect that collection, and, for that purpose, may enter the premises of the library or archives.

             (6)  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)  another person (the inspector ) attends at the premises of the library or archives for the purpose of exercising his or her powers under subsection (4); and

                     (c)  the inspector is not provided with all reasonable facilities and assistance for the effective exercise of those powers.

Penalty:  5 penalty units.

          (6A)  Subsection (6) is an offence of strict liability.

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

             (8)  The officer in charge of a library or archives shall not be convicted of an offence against subsection (6) if the officer adduces evidence that he or she believed, on reasonable grounds, that the person who attended the premises of the library or archives, as the case may be, as mentioned in that subsection, was provided with all reasonable facilities and assistance for the effective exercise of the powers conferred by subsection (4) and that evidence is not rebutted by the prosecution.

             (9)  The body administering a library or archives shall not be convicted of an offence against subsection (6) if the body adduces evidence that it took all reasonable precautions, and exercised due diligence, to ensure that the person who attended the premises of the library or archives, as the case may be, as mentioned in that subsection, was provided with all reasonable facilities and assistance for the effective exercise of the powers conferred by subsection (4) and that evidence is not rebutted by the prosecution.

           (10)  A person (the defendant ) commits an offence if:

                     (a)  the defendant makes a record of information, or divulges or communicates information; and

                     (b)  the information was acquired by the defendant either in the course of an inspection the defendant made under subsection (4) or because it was divulged or communicated to the defendant either:

                              (i)  by another person who acquired the information in the course of an inspection he or she made under subsection (4); or

                             (ii)  in one of a series of divulgements or communications by different persons that started with a divulgement or communication of the information by a person who acquired it the course of an inspection he or she made under subsection (4).

Penalty:  5 penalty units.

        (10A)  Subsection (10) is an offence of strict liability.

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

           (11)  Subsection (10) does not apply if the defendant makes the record, divulgement or communication with the intention of:

                     (a)  informing the owner of the copyright in a work or other subject-matter that a copy has been made of the work or other subject-matter; or

                     (b)  enforcing a right that a person has under this Act in connection with a work or other subject-matter in which copyright subsists; or

                     (c)  ensuring compliance with a provision of Division 5 of Part III or with a provision of this Part.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (11) (see subsection 13.3(3) of the Criminal Code ).



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