Document ID: chunk:federal_register_of_legislation:C2024C00854:section:50:p2
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 50 (pt 2/5)
Character Range: 190690–193272

reproduction.
 (4) Subject to this section, if a reproduction of the whole or a part of an article contained in a periodical publication, or of any other published work, is, by virtue of subsection (3), taken to have been made on behalf of an authorised officer of a library, the copyright in the article or other work is not infringed:
 (a) by the making of the reproduction; or
 (b) if the work is supplied under subsection (2) by way of a communication—by the making of the communication.
 (5) The regulations may exclude the application of subsection (4) in such cases as are specified in the regulations.
 (6) Where a charge is made for making and supplying a reproduction to which a request under subsection (1) relates, subsection (3) does not apply in relation to the request if the amount of the charge exceeds the cost of making and supplying the reproduction.
 (7) Where:
 (a) a reproduction (in this subsection referred to as the relevant reproduction) of, or of a part of, an article, or of the whole or a part of another work, is supplied under subsection (2) to the officer in charge of a library; and
 (b) a reproduction of the same article or other work, or of the same part of the article or other work, as the case may be, has previously been supplied under subsection (2) for the purpose of inclusion in the collection of the library;
subsection (4) does not apply to or in relation to the relevant reproduction unless, as soon as practicable after the request under subsection (1) relating to the relevant reproduction is made, an authorized officer of the library makes a declaration:
 (c) setting out particulars of the request (including the purpose for which the relevant reproduction was requested); and
 (d) stating that the reproduction referred to in paragraph (b) has been lost, destroyed or damaged, as the case requires.
 (7A) If:
 (a) a reproduction is made of the whole of a work (other than an article contained in a periodical publication) or of a part of such a work, being a part that contains more than a reasonable portion of the work; and
 (b) the work from which the reproduction is made is in hardcopy form; and
 (c) the reproduction is supplied under subsection (2) to the officer in charge of a library;
subsection (4) does not apply in relation to the reproduction unless:
 (d) in a case where the principal purpose of the library is to provide library services for members of a Parliament—the reproduction is so supplied for the purpose of assisting a person who is a member of that Parliament in the performance of the person's duties