Document ID: chunk:federal_register_of_legislation:C2004A00752:clause:1_195at:p3
Version: federal_register_of_legislation:C2004A00752
Segment Type: clause
Provision Reference: sch 1 cl 195AT (pt 3/3)
Character Range: 30634–32782

do not limit the operation of section 195AG.

 (4A) The removal or relocation by a person (the remover) of a moveable artistic work that is situated at a place that is accessible to the public, and was made for installation in that place, is not an infringement of the author's right of integrity of authorship in respect of the work if the remover:
 (a) after making reasonable inquiries, cannot discover the identity and location of the author or a person representing the author; or
 (b) if paragraph (a) does not apply—complies with subsection (4B) in relation to the removal or relocation.

 (4B) This subsection is complied with by the remover in relation to the removal or relocation of a moveable artistic work if:
 (a) the remover has, in accordance with the regulations and before the removal or relocation is carried out, given the author or a person representing the author a written notice stating the remover's intention to carry out the removal or relocation; and
 (b) the notice stated that the person to whom the notice was given may, within 3 weeks from the date of the notice, seek to have access to the work for either or both of the following purposes:
 (i) making a record of the work;
 (ii) consulting in good faith with the remover about the removal or relocation; and
 (c) the notice contained such other information and particulars as are prescribed; and
 (d) where the person to whom the notice was given notifies the remover within the period of 3 weeks referred to in paragraph (b) that the person wishes to have access to the work for either or both of the purposes mentioned in that paragraph—the remover has given the person a reasonable opportunity within a further period of 3 weeks to have such access; and
 (e) where the person to whom the notice was given notifies the remover that the person requires the removal from the work of the author's identification as the author of the work—the remover has complied with the requirement.

 (5) Anything done in good faith to restore or preserve a work is not, by that act alone, an infringement of the author's right of integrity of authorship in respect of the work.