166. Attorney-General may make application for suspension order
Feedback & supportSubject to subsection (2), upon application made to it by the Attorney-General, the Tribunal may, in its discretion, make an order suspending the application of section 52(1) and (2) in relation to the body administering an educational institution, being a body that has been convicted of 2 or more offences against the regulations in relation to the retention of records or declarations relating to copies of the whole or parts of works made in reliance on section 52.
Tribunal
“Copyright Tribunal” or “Tribunal” means the Copyright Tribunal established under Part VII;
The Tribunal shall not make an order under subsection (1) if it is satisfied that the body in relation to which the order is sought has taken all reasonable steps to ensure that no further contravention of the regulations referred to in subsection (1) will occur in relation to the retention of records or declarations relating to copies made or to be made by or on behalf of the body.
For the purposes of subsection (1), a conviction of the custodian in charge of the copying records of an educational institution for a contravention of the regulations referred to in subsection (1), not being a conviction for a contravention in relation to which the body administering the educational institution has also been convicted, shall be taken to be a conviction of the body administering the educational institution.
educational institution
“educational institution” means —(a)a school or similar institution at which one or more of the following is provided:(i)full-time primary education;(ii)full-time secondary education;(iii)full-time pre-university education;(iv)such other full-time education as may be prescribed by regulations made under this Act;(b)a junior college, a university, a college of advanced education or a technical and further education institution;(c)an institution that conducts courses of primary, secondary, pre-university or tertiary education by correspondence or on an external study basis;(d)a school of nursing;(e)an undertaking within a hospital, being an undertaking that conducts courses of study or training in —(i)the provision of medical services; or(ii)the provision of services incidental to the provision of medical services;(f)a teacher education centre;(g)an institution that has, as its principal function, the provision of courses of study or training for the purpose of —(i)general education;(ii)the preparation of persons for a particular occupation or profession; or(iii)the continuing education of persons engaged in a particular occupation or profession;(h)such other institution at which education is provided as may be declared by regulations made under this Act to be an institution to which this paragraph applies;(i)an undertaking within a body administering an educational institution of a kind referred to in paragraphs (a) to (h), being an undertaking that has as its principal function, or as one of its principal functions, the provision of teacher training for persons engaged as instructors in educational institutions of such a kind, or of 2 or more such kinds;(j)an institution, or an undertaking within a body administering an educational institution of a kind referred to in paragraphs (a) to (i), being an institution or undertaking that has as its principal function, or as one of its principal functions, the furnishing of materials to educational institutions of a kind referred to in paragraphs (a) to (i), or to educational institutions of 2 or more such kinds, for the purpose of assisting those institutions in their teaching purposes,but does not include an institution that is conducted for the profit, direct or indirect, of an individual or individuals;
The parties to an application under subsection (1) in relation to a body administering an educational institution are —
the Attorney-General; and
that body.