Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, the expression commercial rental arrangement , in relation to a work reproduced in a sound recording, signifies an arrangement that has the following features:
(a) however the arrangement is expressed, it is in substance an arrangement under which a copy of the sound recording is made available by a person on terms that it will or may be returned to the person;
(b) the arrangement is made in the course of the conduct of a business;
(c) the arrangement provides for the copy to be made available:
(i) for payment in money or money's worth; or
(ii) as part of the provision of a service for which payment in money or money's worth is to be made.
(2) In this Act, the expression commercial rental arrangement , in relation to a sound recording or a computer program, signifies an arrangement that has the following features:
(a) however the arrangement is expressed, it is in substance an arrangement under which a copy of the sound recording or computer program is made available by a person on terms that it will or may be returned to the person;
(b) the arrangement is made in the course of the conduct of a business;
(c) the arrangement provides for the copy to be made available:
(i) for payment in money or money's worth; or
(ii) as part of the provision of a service for which payment in money or money's worth is to be made.
(3) It is not the intention of the Parliament that a lending arrangement should be regarded as a commercial rental arrangement for the purposes of subsection (1) or (2).
(4) An arrangement is to be regarded as a lending arrangement if, regardless of the way in which the arrangement is expressed, the true nature of the arrangement is that it is an arrangement for the lending of a copy of a sound recording or computer program under which no amount, other than a deposit to secure the return of the copy, is payable.
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