Document ID: chunk:federal_register_of_legislation:C2004A03029:body:0:p23
Version: federal_register_of_legislation:C2004A03029
Segment Type: other
Provision Reference: 
Character Range: 54557–57158

a material particular, the body administering the central records authority is guilty of an offence, punishable, upon conviction, by a fine not exceeding—
     (a) in a case where such a member or person knows that the notice is false or misleading in a material particular—$500; or
     (b) in any other case—$250.".

Sub-section 203g (13)—
Omit the sub-section, substitute the following sub-section:
"(13) It is a defence to a prosecution of a body or person for an offence against sub-section (12) in relation to the retention of a record if the body or person satisfies the court that the body or person took all reasonable precautions, and exercised due diligence, to ensure the retention of the record in the possession of the body or person.".

Sub-sections 203h (1) and (2)—
Omit the sub-sections, substitute the following sub-section:
"(1) In proceedings against a person or body for infringement of copyright in a work in connection with the making, by or on behalf of an institution, of a copy of the work, or of a part of the work, the person or body is not entitled to rely on section 49, 50, 51a, 53b or 53d as justification for the making of the copy unless, at or about the time the copy was made, there was made on the copy a notation—
     (a) stating that the copy was made on behalf of that institution and setting out the date on which the copy was made; and
     (b) in the case of a copy that was made in reliance on sub-section 53d (11a)— stating that the copy is a prescribed reproduction made in reliance on that sub-section.".

Sub-section 203h (3)—
     (a) Omit "a handicapped reader's copy of the whole or of a part of that work, being a copy consisting of a record embodying a sound recording of that work or of a part of that work,", substitute "a record embodying a sound recording of the work, or of a part of the work,".
     (b) Omit "section 53d" (twice occurring), substitute "sub-section 53d (1)".

After sub-section 203h (3)—
Insert the following sub-section:
"(3a) In proceedings against a person or body for infringement of copyright in a work in connection with the making, on behalf of an institution assisting handicapped readers, of a record embodying a sound recording of the work, or of a part of the work, the person or body is not entitled to rely on sub-section 53d (11a) unless, at the time the record was made, there was embodied on the record, immediately before the commencement of that sound recording, a sound recording of the following message:
     This record, embodying a sound recording of (name of work), is a prescribed reproduction made