Document ID: chunk:federal_register_of_legislation:C2004A03029:body:0:p20
Version: federal_register_of_legislation:C2004A03029
Segment Type: other
Provision Reference: 
Character Range: 47012–49731

(2) in relation to the retention of a record, if the body or person prosecuted (in this sub-section referred to as the 'defendant') satisfies the court that—
     (a) in the case of a prosecution of the officer in charge of a library or archives, or a prosecution of the custodian in charge of the copying records of an institution—the declaration or record relates to the making of a copy or handicapped reader's copy of a work, or of a part of a work, before the date on which the defendant became the officer in charge of the library or archives, or the custodian in charge of the copying records of the institution, as the case requires, and was not in the possession

SCHEDULE 1—continued
      of the body administering the library, archives or institution, as the case requires, at that date; or
     (b) in any case—the defendant took all reasonable precautions, and exercised due diligence, to ensure the retention of the declaration or record in the records of the library, archives or institution, as the case requires.".

Sub-section 203b (6)—
Omit "a copying made", substitute "copying done".

After sub-section 203b (6)—
Insert the following sub-sections:
"(6a) It is a defence to a prosecution of the custodian in charge of the copying records of an institution for an offence against sub-section (6) constituted by a failure to comply with sub-section (5) in relation to a record if the custodian satisfies the court that the custodian took all reasonable precautions, and exercised due diligence, in attempting to comply with sub-section (5) in relation to the record.
"(6b) It is a defence to a prosecution of the body administering an institution for an offence against sub-section (6) constituted by a failure by the custodian in charge of the copying records of the institution to comply with sub-section (5) in relation to a record if the body satisfies the court that it took all reasonable precautions, and exercised due diligence, to ensure that the custodian complied with sub-section (5) in relation to the record.".

Sub-section 203c (4)—
Omit the sub-section, substitute the following sub-section:
"(4) It is a defence to a prosecution of the body administering, or of the officer in charge of, a central records authority for an offence against sub-section (1) in relation to the retention of a record deposited with the central records authority if the body or person prosecuted (in this sub-section referred to as the 'defendant') satisfies the court that—
     (a) in the case of a prosecution of the officer in charge of a central records authority—the record was so deposited before the date on which the defendant became the officer in charge of the central records authority and was