Document ID: chunk:federal_register_of_legislation:C2004A03029:body:0:p22
Version: federal_register_of_legislation:C2004A03029
Segment Type: other
Provision Reference: 
Character Range: 52008–54794

person by sub-section (4) or (5), as the case may be.
"(10) A person who, either directly or indirectly, except for the purpose of—
     (a) informing the owner of the copyright in a work that a copy (including a microform copy) has been made of the work;
     (b) enforcing a right that a person has under this Act in connection with a work in which copyright subsists; or
     (c) ensuring compliance with a provision of Division 5 of Part III or with a provision of this Part,
makes a record of, or divulges or communicates to a person, information in relation to which sub-section (11) applies in relation to the first-mentioned person is guilty of an offence punishable, upon conviction, by a fine not exceeding $500.
"(11) This sub-section applies in relation to information in relation to a person if, and only if—
     (a) the information was acquired by the person in the course of an inspection conducted by the person under sub-section (4); or
     (b) the information was divulged or communicated to the person by another person and this sub-section applies in relation to the information in relation to the other person.".

Sub-section 203f (1)—
     (a) After "record that", insert "the person knows, or ought reasonably to know,".
     (b) Omit "Penalty: $500.", substitute the following: "Penalty—
         (a) in a case where the person knows that the declaration or record is false or misleading in a material particular—$500; or
         (b) in any other case—$250.".

Sub-section 203f (2)—
     (a) Omit "unless the prescribed retention period in respect of the declaration or record has expired", substitute ", being a declaration or record in respect of which the prescribed retention period has not expired, if the person knows, or ought reasonably to know, that the prescribed retention period in respect of the declaration or record has not expired".
     (b) Omit "Penalty: $500.", substitute the following: "Penalty—
         (a) in a case where the person knows that the prescribed retention period in respect of the declaration or record has not expired—$500; or
         (b) in any other case—$250.".

SCHEDULE 1—continued

Sub-section 203f (4)—
Omit the sub-section, substitute the following sub-section:
"(4) Where the body administering a central records authority causes a notice to be published in the Gazette under sub-section 203g (9) that a member of the body, or a person holding, or performing the duties of, an office in the service of the body, knows, or ought reasonably to know, is false or misleading in a material particular, the body administering the central records authority is guilty of an offence, punishable, upon conviction, by a fine not exceeding—
     (a) in a case where such a member or person knows that the notice is false or