Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:11_39
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 11 cl 39
Character Range: 251557–252620

39  After subsection 135K(2)
Insert:

 (2A) A matter that:
 (a) relates to an activity required by paragraph (1)(b), (c) or (d); and
 (b) needs, or is convenient, to be determined; and
 (c) is not determined by subsection (1) or (2) or regulations made for the purposes of paragraph (1)(b), (c) or (d) or (2)(a) or (b);
is to be determined by agreement between the administering body and the collecting society or, failing such agreement, the Copyright Tribunal on the application of either of them.

 (2B) Sections 135E and 135F do not apply to a copy of a broadcast, or a communication of a copy of a broadcast, made by or on behalf of the administering body during a period in which:
 (a) an agreement, or an order of the Copyright Tribunal, determining a matter described in subsection (2A) is in force; and
 (b) the body does not comply with the agreement or order.

Note 1: The following heading to subsection 135K(1) is inserted "If records notice is given".

Note 2: The following heading to subsection 135K(3) is inserted "If sampling notice is given".