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COPYRIGHT ACT 1968 - SECT 203A

Offence--failing to keep declarations relating to copying in library or archives

  (1)   A person commits an offence if:

  (a)   at a time, the person is:

  (i)   ultimately responsible for administering a library or archives; or

  (ii)   the officer in charge of a library or archives; and

  (b)   that time is:

  (i)   after an authorized officer of a library or archives reproduced or copied all or part of a work or other subject - matter under section   49 or 50; and

  (ii)   after a written declaration was made for the purpose of that section in relation to the reproduction or copying; and

  (iii)   before the end of the period prescribed by the regulations for the keeping of the declaration; and

  (c)   at that time, the declaration is not kept in the records of the library or archives.

Penalty:   5 penalty units.

  (2)   Subsection   (1) does not apply if:

  (a)   the person is the officer in charge of a library or archives and proves that:

  (i)   the reproduction or copying took place before the day the person became the officer in charge; and

  (ii)   on that day the declaration was not in the possession of the person administering the library or archives; or

  (b)   the person proves that the person took all reasonable precautions, and exercised due diligence, to ensure the declaration was kept in the records of the library or archives.

Note:   The person bears a legal burden in relation to a matter in subsection   (2) (see section   13.4 of the Criminal Code ).

  (3)   Subsection   (1) is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .

  (4)   The person cannot be convicted of more than one offence under this section in relation to the one declaration.

Note:   Section   203G makes early destruction or disposal of the declaration an offence.



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