Document ID: chunk:federal_register_of_legislation:C2005C00021:clause:9_195axe
Version: federal_register_of_legislation:C2005C00021
Segment Type: clause
Provision Reference: sch 9 cl 195AXE
Character Range: 180979–183077

195AXE  No infringement of right of integrity of performership if derogatory treatment or other action was reasonable

 (1) A person does not, by subjecting a live performance or recorded performance to derogatory treatment, or by authorising a live performance or recorded performance to be subjected to derogatory treatment, infringe a performer's right of integrity of performership in respect of the performance if the person establishes that it was reasonable in all the circumstances to subject the performance to the treatment.

 (2) The matters to be taken into account in determining for the purposes of subsection (1) whether it was reasonable in particular circumstances to subject a live performance or recorded performance to derogatory treatment include the following:
 (a) the nature of the performance;
 (b) the purpose for which the performance is used;
 (c) the manner in which the performance is used;
 (d) any practice, in the industry in which the performance is used, that is relevant to the performance or to the use of the performance;
 (e) any practice contained in a voluntary code of practice, in the industry in which the performance is used, that is relevant to the performance or to the use of the performance;
 (f) whether the performer who alleges that the treatment was derogatory participated in the performance in the course of the employment of the performer;
 (g) whether the treatment was required by law or was otherwise necessary to avoid a breach of any law.

Note: For example, a performance may be used to attract custom in a hotel or restaurant.

 (3) A person who:
 (a) does an act referred to in subsection 195AXC(3) in respect of a live performance that has been subjected to derogatory treatment; or
 (b) does an act referred to in subsection 195AXC(4) in respect of a recorded performance that has been subjected to derogatory treatment;
does not, by doing that act, infringe a performer's right of integrity of performership in respect of the performance if the person establishes that it was reasonable in all the circumstances to do that act.