Document ID: chunk:federal_register_of_legislation:C2011C00171:clause:1_135zzzi:p2
Version: federal_register_of_legislation:C2011C00171
Segment Type: clause
Provision Reference: sch 1 cl 135ZZZI (pt 2/2)
Character Range: 150035–152137

under section 153RA for the re‑broadcast of eligible programs during a particular period; and
 (e) the eligible program is re‑broadcast by the satellite BSA licensee during the period mentioned in whichever of subparagraphs (d)(i), (ii) or (iii) applies.

Making a copy for the purpose of a re‑broadcast

 (3) The copyright in a work, sound recording or cinematograph film included in a broadcast of an eligible program is not infringed by the making of a copy of the eligible program if:
 (a) the sole purpose of making the copy is to enable a re‑broadcast of the eligible program at a later time; and
 (b) subsection (1) would apply to the re‑broadcast of the eligible program at the later time.

 (4) The copyright in a broadcast of an eligible program is not infringed by the making of a copy of the eligible program if:
 (a) the sole purpose of making the copy is to enable a re‑broadcast of the eligible program at a later time; and
 (b) subsection (2) would apply to the re‑broadcast of the eligible program at the later time.

 (5) If:
 (a) a copy of an eligible program is made for a purpose referred to in subsection (3) or (4); and
 (b) under a law of the Commonwealth, the satellite BSA licensee is required to retain the copy for a period longer than 7 days after the copy is made; and
 (c) the copy is not destroyed as soon as practicable after the end of that period;
subsection (3) or (4), as the case requires, does not apply, and is taken never to have applied, in relation to the making of the copy.

 (5A) If:
 (a) a copy of an eligible program is made for a purpose referred to in subsection (3) or (4); and
 (b) subsection (5) does not apply; and
 (c) the copy is not destroyed within 7 days after it is made;
subsection (3) or (4), as the case requires, does not apply, and is taken never to have applied, in relation to the making of the copy.

 (6) In this section, a reference to the making of a copy of an eligible program is a reference to making a cinematograph film or sound recording of the broadcast of the eligible program, or a copy of such a film or sound recording.