Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:6_112aa
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 6 cl 112AA
Character Range: 171933–173873

112AA  Making preservation copies of significant published editions in key cultural institutions' collections

 (1) This section applies in relation to a published edition of one or more works held in the collection of a library or archives if:
 (a) the body administering the library or archives:
 (i) has, under a law of the Commonwealth or a State or Territory, the function of developing and maintaining the collection; or
 (ii) is prescribed by the regulations for the purposes of this subparagraph; and
 (b) an authorized officer of the library or archives is satisfied that the edition is of historical or cultural significance to Australia.

Published editions

 (2) The copyright in the published edition is not infringed by an authorized officer of the library or archives making up to 3 facsimile copies of the edition from the copy held in the collection, for the purpose of preserving the edition against loss or deterioration, if the officer is satisfied that a copy or facsimile copy of the edition (not being a second‑hand copy) cannot be obtained within a reasonable time at an ordinary commercial price.

 (3) In determining whether a copy (not being a second‑hand copy) cannot be obtained within a reasonable time at an ordinary commercial price, the authorized officer must take into account whether an electronic copy of the edition can be obtained within a reasonable time at an ordinary commercial price.

Works in published editions

 (4) If, under this section, copyright in the published edition is not infringed by the making of a facsimile copy of the edition, the making of that copy does not infringe copyright in any of the works in the published edition.

Relationship with the rest of this Division

 (5) This section does not limit any of the other provisions of this Division that provide that an act (however described) does not infringe copyright. Those other provisions do not limit this section.