Document ID: chunk:federal_register_of_legislation:C2024C00854:section:50:p4
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 50 (pt 4/5)
Character Range: 195520–198198

price; and
 (iv) if the reproduction is of the whole or of a part of an article—stating that, after reasonable investigation, the authorised officer is satisfied that the article cannot be obtained on its own in electronic form within a reasonable time at an ordinary commercial price.
 (7BA) For the purposes of subsections (7A) and (7B), 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.
 (7BB) For the purposes of subparagraphs (7A)(e)(ii) and (7B)(e)(ii), (iii) and (iv), in determining whether a copy of the work, the work, the portion of the work or the article (as appropriate) 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 under section 49 requires the reproduction; 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 the copy, work, portion or article can be obtained in electronic form within a reasonable time at an ordinary commercial price.
 (7C) If:
 (a) a reproduction is made in electronic form by or on behalf of an authorised officer of a library of the whole of a work (including an article contained in a periodical publication) or of a part of such a work; and
 (b) the reproduction is supplied under subsection (2) to the officer in charge of another library;
subsection (3) does not apply in relation to the reproduction unless, as soon as practicable after the reproduction is supplied to the other library the reproduction made for the purpose of the supply and held by the first‑mentioned library is destroyed.
 (8) Subsection (4) does not apply to a reproduction or communication of all or part of 2 or more articles that are contained in the same periodical publication and that have been requested for the same purpose unless:
 (a) the purpose is the one described in paragraph (1)(aa) (assisting a member of a Parliament perform his or her duties); or
 (b) the purpose is the one described in paragraph (1)(b) (supplying a reproduction to a person requesting it under section 49 for research or study) and the reproduction of the articles was requested under section 49 for the same research or course of study.
 (10) In this section:
library means:
 (a) a library all or part of whose collection is