Document ID: chunk:federal_register_of_legislation:C2024C00854:section:44a:p2
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 44A (pt 2/3)
Character Range: 148157–150629

before, on or after the commencing day) is not infringed by a person who, without the licence of the owner of the copyright, imports 2 or more copies of a non‑infringing book into Australia if:
 (a) the importation is for the purpose of filling a written order, or a verifiable telephone order, placed with the person by or on behalf of a library, other than a library conducted for the profit (direct or indirect) of a person or organisation; and
 (b) in the case of a written order—the order contains a statement, signed by the person placing the order, to the effect that the library does not intend to use any of the books for a purpose mentioned in paragraph 37(1)(a), (b) or (c); and
 (c) in the case of a telephone order—the person placing the order makes a verifiable statement to the effect referred to in paragraph (b); and
 (d) the number of copies so imported is not more than the number of copies so ordered.
 (5) Without limiting the ways in which a telephone order under subsection (3) or (4), or a statement under paragraph (3)(b) or (4)(c) relating to such an order, may be verified, such an order or statement is, for the purposes of this section, taken to be verifiable if the person who takes the order, or to whom the statement is made, makes a written note of the details of the order or statement when, or immediately after, the order is placed, or the statement is made, as the case may be.
 (6) Where:
 (a) a book is imported into Australia for a purpose mentioned in paragraph 37(1)(a), (b) or (c); and
 (b) the importation does not, under this section, constitute an infringement of copyright in a published work;
  the use of the book for any such purpose does not constitute an infringement of the copyright in the work and subsection 38(1) does not apply to the book.
 (7) Subsection (2) does not apply to the importation of a copy of a hardback version of a non‑infringing book into Australia if the copyright owner, or his or her licensee or agent, is able to supply in Australia enough copies of a paperback version of the book to fill any reasonable order.
 (8) For the purposes of paragraph (2)(d), a copyright owner, licensee or agent is not taken to have filled an order by a person for one or more copies of a version of a book unless and until the copyright owner, licensee or agent sends the copy, or all of the copies, as the case requires, to the person.
 (9) In this section:
book does not include:
 (a) a book whose main content