Document ID: chunk:federal_register_of_legislation:F2025C00029:reg:8:p2
Version: federal_register_of_legislation:F2025C00029
Segment Type: reg
Provision Reference: reg 8 (pt 2/2)
Character Range: 26151–27743

the foreign person were an Australian citizen or resident.

Citizen or national of a foreign country
 (3) An applicable provision applies in relation to a person who, at a material time, is a citizen or national of a participating country (a foreign citizen):
 (a) in the same way as the provision applies, under the Act, in relation to a person who, at a material time, is an Australian citizen; and
 (b) as if the foreign citizen were an Australian citizen.

Person resident in a foreign country
 (4) An applicable provision applies in relation to a person who, at a material time, is resident in a participating country (a foreign resident):
 (a) in the same way as the provision applies, under the Act, in relation to a person who, at a material time, is resident in Australia; and
 (b) as if the foreign resident were resident in Australia.

Performance given before 2 January 1992
 (6) Subject to subregulation (7), no rights arising under this regulation subsist in Australia in relation to a performance given before 2 January 1992 if the performance relates to a Rome Convention country.
 (7) Subregulation (6) does not apply if:
 (a) the country is also a WTO country or a WPPT country; and
 (b) the rights arising under this regulation are in relation to a provision of Part XIA of the Act relating to sound recordings, or communication to the public of live performances.

Modification of Act
 (8) To the extent that this regulation is inconsistent with the Act, the application of the Act by these Regulations is modified.

Part 4—Application, savings and transitional provisions