Document ID: chunk:federal_register_of_legislation:C2024C00854:section:113p:p2
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 113P (pt 2/2)
Character Range: 314273–316213

content of a broadcast of the performance;
if subsection (2) applies to the copying or communicating.
Note: The effect of this subsection is that no right of action and no offence occurs, in respect of the copy or communication, under Part XIA (Performers' protection).

Questions determined by Copyright Tribunal
 (4) The Copyright Tribunal may determine a question relating to copying or communicating mentioned in subsection (1) or (2) if:
 (a) the relevant collecting society and the body administering the relevant educational institution fail to determine the question by agreement under subparagraph (1)(e)(i) or (2)(d)(i); and
 (b) the society or the body applies to the Tribunal to have the Tribunal determine the question.
Note: Section 153A sets out the procedure of the Copyright Tribunal in dealing with the application.

Copies and communications subsequently used for other purposes
 (5) Subsections (1), (2) and (3) do not apply, and are taken never to have applied, to copying, or communicating a copy, by a body administering an educational institution if the copy is, with the consent of the body:
 (a) used for a purpose other than the educational purposes of an educational institution; or
 (b) given to the body administering another educational institution, if no remuneration notice that applies to the other educational institution and the relevant copyright material is in force under section 113Q; or
 (c) sold or otherwise supplied for a financial profit.

Content of certain broadcasts
 (6) This section applies to the content of a broadcast in the same way as this section applies to a broadcast if the content of the broadcast was:
 (a) electronically transmitted using the internet at the same time, or at substantially the same time, as the broadcast; or
 (b) if the broadcast is a free‑to‑air broadcast—made available online by the broadcaster of the broadcast at the same time as, or after, the broadcast.