Document ID: chunk:federal_register_of_legislation:C2004A03029:body:0:p14
Version: federal_register_of_legislation:C2004A03029
Segment Type: other
Provision Reference: 
Character Range: 32172–35026

its principal function, or as one of its principal functions, the furnishing of material to educational institutions of a kind referred to in a preceding paragraph of this definition, or to educational institutions of 2 or more such kinds, for the purpose of assisting those institutions in their teaching purposes; and
         (ii) in relation to which a declaration under paragraph 10a (1) (b) is in force;".

After the definition of "infringing copy" in sub-section 10 (1)—
Insert the following definition:
     "'institution' includes an educational institution;".

Sub-section 10 (1) (paragraph (b) of the definition of "institution assisting handicapped readers")—
Omit all the words after "and", substitute "in relation to which a declaration under paragraph 10a (1) (c) is in force".

Paragraph 10 (3) (a)—
Omit "educational institution, an institution assisting handicapped readers", substitute "institution".

Paragraph 10 (3) (1)—
Omit the paragraph, substitute the following paragraph:
     "(1) a reference to a record embodying a sound recording shall be read as a reference to—
         (i) a record produced upon the making of a sound recording; or
         (ii) another record embodying the sound recording directly or indirectly derived from a record so produced;".

Paragraph 10 (3) (m)—
     (a) Insert "(other than section 49)" after "section" (first occurring).
     (b) Omit "and".

After paragraph 10 (3) (m)—
Insert the following paragraph:
     "(ma) a reference to a relevant declaration, in relation to the making, in reliance on section 49, of a copy of the whole or a part of a work, shall be read as a reference to—
         (i) in a case where the copy is made in reliance on sub-section 49 (2)—a declaration of the kind referred to in sub-section 49 (1) that is furnished in relation to the making of the copy;
         (ii) in a case where the copy is made in reliance on sub-section 49 (2c)—a declaration of the kind referred to in paragraph 49 (2c) (b) that is made in relation to the making of the copy; or
         (iii) in any case—a declaration of the kind referred to in sub-section 49 (5) that is made in relation to the making of the copy; and".

SCHEDULE 1—continued

After section 10—
Insert the following section:

Declarations and notices relating to certain bodies and institutions
"10a. (1) The Attorney-General may, by notice in writing published in the Gazette—
     (a) declare a body, whether incorporated or unincorporated, to be a central records authority for the purposes of this Act;
     (b) declare an institution to be an educational institution for the purposes of this Act; or
     (c) declare an institution to be, for the purposes of this Act, an institution assisting handicapped readers.
"(2) The Attorney-General may, by notice in writing published in the Gazette, revoke a declaration