Document ID: chunk:federal_register_of_legislation:C2005C00021:clause:9_132:p2
Version: federal_register_of_legislation:C2005C00021
Segment Type: clause
Provision Reference: sch 9 cl 132 (pt 2/2)
Character Range: 222853–224199

compensation

(6) If the owner does not notify the person, or pay an amount of reasonable compensation to the person, in accordance with this item, then:
 (a) the person may do the act mentioned in paragraph (1)(c) at any time after the copyright would, apart from the amendments made by this Part, have ceased to subsist and before the end of 2 years from the US FTA commencement day; and
 (b) for the purposes of the Copyright Act 1968:
 (i) the owner is not entitled to bring an action under that Act against the person in respect of the act; and
 (ii) the person does not contravene a section of, or commit an offence under, that Act by doing the act.

(7) To avoid doubt, subitem (6) is an exception that a defendant may rely on for the purposes of section 13.3 of the Criminal Code.

Note: A defendant bears an evidential burden in relation to the matter in subitem (6) (see subsection 13.3(3) of the Criminal Code).

(8) In this item:
owner, in relation to the copyright in a work or other subject‑matter at a particular time in respect of a particular act, includes an exclusive licensee of the copyright in the work or subject‑matter at that time in respect of that act.
US FTA commencement day means the day on which the Australia‑United States Free Trade Agreement, done at Washington DC on 18 May 2004, comes into force for Australia.