Commonwealth Consolidated Acts

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Special arrangements for copying for services of government

  (1)   Subsections   183(4) and (5) do not apply in relation to a government copy (whenever it was made) if a company is the relevant collecting society for the purposes of this Division in relation to the copy and the company has not ceased operating as that collecting society.

  (2)   If subsection   183(5) does not apply to government copies made in a particular period for the services of a government, the government must pay the relevant collecting society in relation to those copies (other than excluded copies) equitable remuneration worked out for that period using a method:

  (a)   agreed on by the collecting society and the government; or

  (b)   if there is no agreement--determined by the Tribunal under section   153K.

  (3)   The method of working out equitable remuneration payable to a collecting society in respect of government copies (other than excluded copies) for a period must:

  (a)   take into account the estimated number of those copies made for the services of the government during the period, being copies in relation to which the society is the relevant collecting society; and

  (b)   specify the sampling system to be used for estimating the number of copies for the purposes of paragraph   (a).

  (4)   The method of working out the equitable remuneration payable may provide for different treatment of different kinds or classes of government copies.

  (5)   Subsections   (3) and (4) apply whether the method is agreed on by the collecting society and the government or is determined by the Tribunal.

  (6)   In this section:

"excluded copies" means government copies in respect of which it appears to the government concerned that it would be contrary to the public interest to disclose information about the making of the copies.

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