Document ID: chunk:federal_register_of_legislation:C2024C00854:section:49:p4
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 49 (pt 4/4)
Character Range: 186177–188246

not infringed by the making, in relation to a request under subsection (1) or (2A), of a reproduction of the work, or of a part of the work, in accordance with subsection (2) or (2C), as the case may be, unless the reproduction is supplied to a person other than the person who made the request.
 (7A) Subsections (6) and (7) do not apply to the making under subsection (2) or (2C) of an electronic reproduction of:
 (a) an article, or a part of an article, contained in a periodical publication; or
 (b) the whole or part of a published work, other than such an article;
in relation to a request under this section for communication to the person who made the request unless:
 (c) before or when the reproduction is communicated to the person, the person is notified in accordance with the regulations:
 (i) that the reproduction has been made under this section and that the article or work might be subject to copyright protection under this Act; and
 (ii) about such other matters (if any) as are prescribed; and
 (d) as soon as practicable after the reproduction is communicated to the person, the reproduction made under subsection (2) or (2C) and held by the library or archives is destroyed.
 (7B) It is not an infringement of copyright in an article contained in a periodical publication, or of copyright in a published work, to communicate it in accordance with subsection (2), (2C) or (5A).
 (8) The regulations may exclude the application of subsection (6) or (7) in such cases as are specified in the regulations.
 (9) In this section:
archives means an archives all or part of whose collection is accessible to members of the public.
library means a library all or part of whose collection is accessible to members of the public directly or through interlibrary loans.
supply includes supply by way of a communication.
Note: Under section 203F, it is an offence to make a false or misleading declaration for the purposes of this section. Sections 203A and 203G create offences relating to the keeping of declarations made for the purposes of this section.