Commonwealth Numbered Acts

LAW AND JUSTICE LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 141 of 1994 - SECT 7

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.