Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:6_14
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 6 cl 14
Character Range: 160290–161327

14  After subsection 49(5)
Insert:

 (5AA) For the purposes of subsection (5), if the characteristics of the work are such that subsection 10(2) or (2A) is relevant to the question whether the reproduction contains only a reasonable portion of the work, then that question is to be determined solely by reference to subsection 10(2) or (2A) and not by reference to the ordinary meaning of reasonable portion.

 (5AB) For the purposes of paragraph (5)(b), in determining whether a reproduction (not being a second‑hand reproduction) of the work cannot be obtained within a reasonable time at an ordinary commercial price, the authorized officer must take into account:
 (a) the time by which the person requesting the reproduction requires it; and
 (b) the time within which a reproduction (not being a second‑hand reproduction) of the work at an ordinary commercial price could be delivered to the person; and
 (c) whether an electronic reproduction of the work can be obtained within a reasonable time at an ordinary commercial price.