Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:6_19
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 6 cl 19
Character Range: 162108–163264

19  After subsection 50(7B)
Insert:

 (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.