Commonwealth Numbered Acts

COPYRIGHT (WORLD TRADE ORGANIZATION AMENDMENTS) ACT 1994 No. 149 of 1994 - SECT 3

3. After section 30 of the Principal Act the following section is inserted in
Part II: Commercial rental arrangement

"30A. (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.".