Commonwealth Numbered Acts

COPYRIGHT AMENDMENT ACT 1986 No. 78 of 1986 - SECT 3

3. Section 10 of the Principal Act is amended-
(a) by inserting ", other than from point to point," after "means broadcast"
in the defiitio of "broadcast" in sub-section (1);
(b) by omitting from sub-section (1) the definitions of "holder of a licence
for a broadcasting station" and "
holder of a licence for a television station" and substituting the following
definitions:

"'holder of a radio licence' means the holder of a subsisting television
licence under the Broadcasting Act 1942;

"'holder of a television licence' means the holder of a subsisting television
licence under the Broadcasting Act 1942;
(c) by inserting after the definition of "institution assisting handicapped
readers" in sub-section (1) the following definition:

"'institution assisting intellectually handicapped persons' means-

   (a)  an educational institution; or

   (b)  any other institution, not being an institution conducted for the
        profit, direct or indirect, of an individual or individuals, that has
        its principal function, or one of its principal functions, the
        provision of assistance to intellectually handicapped persons and in
        relation to which a declaration under paragraph 10A (1) (d) is in
        force;";

   (d)  by inserting after sub-section (1) the following sub-section:

"(1A) For the purpose of the definition of 'broadcast' in sub-section (1), a
broadcast shall be taken to be from point to point if it is intended by the
broadcaster to be received only by particular equipment at a particular
locatio.";

   (e)  by omitting from paragraph (3) (d) "or an institution assisting
        handicapped readers" and substituting ",an institution assisting
        handicapped readers or an institution assisting intellectually
        handicapped persons";

   (f)  by omitting from sub-paragraph (3) (d) (i) "and" (last occurring);

   (g)  by inserting after sub-paragraph (3) (d) (ii) the following word and
        sub-paragraph"

"; and (iii) the relevant records in respect of copies, within the meaning of
Part X, of eligible items, within the meaning of that Part, made by or on
behalf of the body administering the institution in reliance on section
200A,";

   (h)  by omitting from paragraph (3) (f) "or an institution assisting
        handicapped readers" and substituting ", an
        institution assisting handicapped readers or an institution assisting
        intellectually handicapped persons";

   (j)  by inserting after paragraph (3) (h) the following paragraph:

"(ha) a reference to an intellectually handicapped person's copy, in relation
to the whole or a part of an eligible item within the meaning of Part X, shall
be read as a reference to a copy, within the meaning of that Part, of an
eligible item, or of a part of an eligible item, as the case may be, made by,
or on behalf of, the body administering an institution assisting
intellectually handicapped persons, being a copy that is made for the sole
purpose of use in the provision, whether by the institution or otherwise, of
assistance to an intellectually handicapped person or persons;";

   (k)  by omitting from sub-paragraph (3) (m) (i) "or" (last occurring);

   (m)  by inserting after sub-paragraph (3) (m) (i) the following
        sub-paragraph:

"(ia) of an intellectually handicapped person's copy of the whole or a part of
an eligible item; or"; and
(n) by inserting in sub-paragraph (3) (m) (ii) "or cinematograph film" after
"recording".