Document ID: chunk:federal_register_of_legislation:C2004A03029:body:0:p21
Version: federal_register_of_legislation:C2004A03029
Segment Type: other
Provision Reference: 
Character Range: 49506–52230

(a) in the case of a prosecution of the officer in charge of a central records authority—the record was so deposited before the date on which the defendant became the officer in charge of the central records authority and was not in the possession of the central records authority at that date; or
     (b) in any case—the defendant took all reasonable precautions, and exercised due diligence, to ensure the retention of the record in the possession of the central records authority.".

Section 203d—
Add at the end thereof the following sub-section:
"(5) It is a defence to a prosecution of a body or person for an offence against sub-section (1), (2) or (4) in relation to the arrangement of declarations or copying records if the body or person satisfies the court that the body or person took all reasonable precautions, and exercised due diligence, to ensure that the declarations or copying records, as the case may be, were arranged as mentioned in that sub-section.".

Section 203e—
Add at the end thereof the following sub-sections:
"(8) It is a defence to a prosecution of the officer in charge of a library or archives for an offence against sub-section (6), or to a prosecution of the custodian in charge of the copying records of an institution, or of the officer in charge of a central records authority, for an offence against sub-section (7), if the person prosecuted satisfies the court that the person prosecuted believed, on reasonable grounds, that the person who attended the premises of
SCHEDULE 1—continued
the library, archives, institution or central records authority, as the case may be, as mentioned in that sub-section, was provided with all reasonable facilities and assistance for the effective exercise of the powers conferred on the last-mentioned person by sub-section (4) or (5), as the case may be.
"(9) It is a defence to a prosecution of the body administering a library or archives for an offence against sub-section (6), or to a prosecution of the body administering an institution or a central records authority for an offence against sub-section (7), if the body satisfies the court that it took all reasonable precautions, and exercised due diligence, to ensure that the person who attended the premises of the library, archives, institution or central records authority, as the case may be, as mentioned in that sub-section, was provided with all reasonable facilities and assistance for the effective exercise of the powers conferred on the last-mentioned person by sub-section (4) or (5), as the case may be.
"(10) A person who, either directly or indirectly, except for the purpose of—
     (a) informing the owner of the copyright in a work that a copy (including a microform