Document ID: chunk:federal_register_of_legislation:C2024C00854:section:55:p2
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 55 (pt 2/2)
Character Range: 210384–212050

or, failing such agreement, determined by the Copyright Tribunal under section 152B.
 (3) Subparagraph (1)(d)(i) does not apply in relation to a record of a work (other than a work that was made for the purpose of being performed, or has been performed, in association with a dramatic work or has been included in a cinematograph film) if the sale or supply is made after the expiration of the prescribed period after the earliest of the following dates:
 (a) the date of the first making in, or the date of the first importation into, Australia of a previous record of the work in circumstances referred to in subparagraph (1)(a)(i) or (ii);
 (b) the date of the first supplying (whether by sale or otherwise) to the public in a country referred to in subparagraph (1)(a)(iii) or (iv) of a previous record of the work made in, or imported into, that country in circumstances referred to in that subparagraph.
 (4) Regulations prescribing a period for the purposes of the last preceding subsection may prescribe different periods in relation to different classes of records.
 (5) If, apart from this subsection, the amount of royalty payable in respect of a record under this section would be less than one cent, that amount of royalty is one cent.
 (6) In this section:
prescribed royalty, in relation to a record of a musical work, means:
 (a) such amount of royalty as is agreed between the manufacturer and the owner of the copyright in the work or, failing such agreement, as is determined by the Copyright Tribunal under section 152A; or
 (b) if no such agreement or determination is in force—an amount equal to 6.25% of the retail selling price of the record.