Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 44BB

Copyright subsisting in works shared for healthcare or related purposes

             (1)  The copyright in a work is not infringed by an act comprised in the copyright in the work if:

                            (a) the act is done, or authorised to be done:

                              (i)  for a purpose for which the collection, use or disclosure of health information is required or authorised under the My Health Records Act 2012 ; or

                             (ii)  in circumstances in which a permitted general situation exists under item 1 of the table in subsection 16A(1) of the Privacy Act 1988 (serious threat to life, health or safety), or would exist if the act were done, or authorised to be done, by an entity that is an APP entity for the purposes of that Act; or

                            (iii)  in circumstances in which a permitted health situation exists under section 16B of the Privacy Act 1988 , or would exist if the act were done, or authorised to be done, by an entity that is an organisation for the purposes of that Act; or

                            (iv)  for any other purpose relating to healthcare, or the communication or management of health information, prescribed by the regulations; and

                     (b)  either:

                              (i)  the work is substantially comprised of health information; or

                             (ii)  the work allows for the storage, retrieval or use of health information and it is reasonably necessary to do the act, or authorise it to be done, in circumstances that would otherwise infringe copyright in the work.

             (2)  In this section:

"healthcare " has the same meaning as in the My Health Records Act 2012 .

"health information " has the same meaning as in the My Health Records Act 2012 .



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