Document ID: chunk:federal_register_of_legislation:C2024C00854:section:49:p3
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 49 (pt 3/4)
Character Range: 183710–186380

of such a work that contains more than a reasonable portion of the work unless:
 (a) the work forms part of the library or archives collection; and
 (b) before the reproduction is made, an authorized officer has, after reasonable investigation, made a declaration stating that he or she is satisfied that a reproduction (not being a second‑hand reproduction) of the work cannot be obtained within a reasonable time at an ordinary commercial price.
 (5AA) For the purposes of subsection (5), 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.
 (5AB) For the purposes of paragraph (5)(b), in determining whether a reproduction (not being a second‑hand reproduction) of the work 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 requires it; 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 an electronic reproduction of the work can be obtained within a reasonable time at an ordinary commercial price.
 (5A) If an article contained in a periodical publication, or a published work (other than an article contained in a periodical publication) is acquired, in electronic form, as part of a library or archives collection, the officer in charge of the library or archives may make it available online within the premises of the library or archives in such a manner that users cannot, by using any equipment supplied by the library or archives:
 (a) make an electronic reproduction of the article or work; or
 (b) communicate the article or work.
 (6) The copyright in an article contained in a periodical publication is not infringed by the making, in relation to a request under subsection (1) or (2A), of a reproduction of the article, or of a part of the article, 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.
 (7) The copyright in a published work other than an article contained in a periodical publication is 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,