Commonwealth Consolidated Acts

LAW AND JUSTICE LEGISLATION AMENDMENT ACT (No. 2) 1994 - SECT 7

1968
7. (1) The amendments of sections 38 and 103 of the Copyright Act 1968 do not affect any judicial determinations made before the day on which this Act receives the Royal Assent.
(2) If:
(a) on or after 23 December 1991 but before the day on which this Act receives the Royal Assent, a person did an act that infringed copyright, in relation to a dealing with an article, because of section 38 or 103 of the Copyright Act 1968 as amended by this Act; and
(b) the person did the act on the basis of a belief that, for the purpose of the question whether the act constituted an infringement of the kind dealt with in that section, the fact that the person knew or ought reasonably to have known that the making of the article constituted an infringement of copyright was not relevant;
that section is taken to have had effect, and (to the extent necessary) continues to have effect, in relation to the act as if the amendments of that section made by this Act had not been made.