Document ID: chunk:federal_register_of_legislation:C2004A01389:clause:1_14
Version: federal_register_of_legislation:C2004A01389
Segment Type: clause
Provision Reference: sch 1 cl 14
Character Range: 7538–8428

14  At the end of section 116AH
Add:

 (3) In deciding, for the purposes of condition 1 in table items 4 and 5 in the table in subsection (1), whether a financial benefit is otherwise directly attributable to the infringing activity referred to in that condition, a court must have regard to:
 (a) industry practice in relation to the charging of services by carriage service providers, including charging based on level of activity; and
 (b) whether the financial benefit was greater than the benefit that would usually result from charging in accordance with accepted industry practice.
The court may have regard to other matters it considers relevant.

 (4) An act done by a carriage service provider in complying with the prescribed procedure referred to in condition 3 in table item 4 in the table in subsection (1) does not constitute a failure to satisfy condition 2A in that item.