Document ID: chunk:federal_register_of_legislation:F2014L01684:reg:10:p24
Version: federal_register_of_legislation:F2014L01684
Segment Type: reg
Provision Reference: reg 10 (pt 24/32)
Character Range: 95144–98004

Rights

       24.1 If the Registrar, its officers, employees, agents or subcontractors, either jointly or individually, are authors of works made or to be made in the course of performing this Deed, which entitles them individually or jointly to certain Moral Rights under Part IX of the Copyright Act 1968, then the Registrar either individually or jointly is deemed to have given its consent in writing by this Deed to acts or omissions of the Commonwealth and the ACMA which would otherwise infringe a Moral Right of each of them individually or jointly.  The Registrar warrants and acknowledges that it is its sole responsibility to obtain all written consents if required under Part IX of the Copyright Act 1968, and relieves the Commonwealth and the ACMA of any liability, financial or otherwise.

       24.2 For the purposes of this clause 24, "attributable acts" or "specified acts" of infringement in relation to Moral Rights under Part IX of the Copyright Act 1968 means the following classes or types of acts or omissions by or on behalf of the Commonwealth and the ACMA:

          (a) those which would, but for this clause 24, infringe the author's right of attribution of authorship;

          (b) those which would, but for this clause 24, infringe the author's right of integrity of authorship;
      but does not include those which would infringe the author's Moral Right against false attribution.

       24.3 The Registrar indemnifies the Commonwealth and the ACMA from and against any legal liability, claim, loss or damage (including legal costs) arising directly or indirectly through any claim of infringement of any Moral Rights by the Registrar, its officers, employees, agents, approved subcontractors and/or authorised personnel on account of the provision and performance of the Registration Services under this Deed.

      25. Termination

       25.1 Each of the following is a Default Event:
          (a) the Registrar commits a breach of this Deed which is capable of being remedied but the breach continues for more than 14 days after the Registrar is given a notice by the ACMA requiring the breach to be remedied;
          (b) the Registrar commits a breach of this Deed which cannot be remedied, which breach is, in the reasonable opinion of the ACMA, a serious breach of this Deed;
          (c) a controller or a managing controller is appointed in respect of the whole or any part of the assets or undertakings of the Registrar;
          (d) a summons or other process seeking orders which, if granted, would render the Registrar an externally‑administered body corporate or insolvent under administration, is filed and is not withdrawn within 14 days;
          (e) a Conflict of Interest arises in the performance of the Registrar's obligations under this Deed which, in the reasonable opinion of the ACMA,