Clause 12

by inserting, immediately after the words “notice in” in subsection (2)(b)(iii), the words “, or substantially in accordance with,”;

by deleting subsection (3) and substituting the following subsection:“(3) For the purposes of subsection (2), a notice purportedly made by the performer of the performance or under the performer’s authority which is not a notice referred to in subsection (2)(b)(iii) shall not be considered in determining whether the network service provider has acquired any knowledge referred to in subsection (2)(b)(i) or (ii).”;

by inserting, immediately after the words “notice in” in subsection (4)(b)(iii), the words “, or substantially in accordance with,”; and

by deleting subsections (5) and (6) and substituting the following subsections:“(5) For the purposes of subsection (4), a notice purportedly made by the performer of the performance or under the performer’s authority which is not a notice referred to in subsection (4)(b)(iii) shall not be considered in determining whether the network service provider has acquired any knowledge referred to in subsection (4)(b)(i) or (ii).(6) For the purposes of subsections (2)(a) and (4)(a), in determining whether a financial benefit is directly attributable to the unauthorised use of the performance, the court shall have regard to —

industry practice in relation to the charging of services by network service providers;

whether the financial benefit was greater than the benefit that would usually result from charging in accordance with accepted industry practices; and

all other matters that the court considers relevant.”.