25A. Commercial rental arrangement
Feedback & supportLast amended by an amending law of 1998.
In this Act, “commercial rental arrangement”, in relation to a sound recording or a computer program, signifies an arrangement that has the following features:
sound recording
“sound recording” means the aggregate of the sounds embodied in a record;
regardless of the way in which the arrangement is expressed, it is in substance an arrangement under which a copy of the sound recording or computer program is made available by a person on terms that it will or may be returned to the person;
the arrangement is made in the course of the conduct of a business; and
the arrangement provides for the copy to be made available —
for payment in money or money’s worth; or
as part of the provision of a service for which payment in money or money’s worth is to be made.
Notwithstanding anything in subsection (1), an arrangement shall not be regarded as a commercial rental arrangement if, regardless of the way in which the arrangement is expressed, it is an arrangement for the lending of a copy of a sound recording or computer program under which the amount payable is intended to be no more than —
copy
“copy”, in relation to a cinematograph film, means any article or thing in which the visual images or sounds comprising the film are embodied;
the amount necessary to recover the costs, including overheads, of the arrangement; or
a deposit to secure the return of the copy. [Aust. 1968, s. 30A]