Copyright Act 2021 · 2020 Revised Edition · Part 5 · Permitted Uses of Copyright Works and Protected Performances
199. Suspension of section 198 for contravention of record keeping requirements
Feedback & supportSubject to this section, a Copyright Tribunal may make an order suspending the application of the whole of section 198 in relation to a body administering an educational institution.
Copyright Tribunal
“Copyright Tribunal” or “Tribunal” means a Copyright Tribunal established under this Act;
A suspension order may only be made on an application by the Attorney‑General.
A suspension order against a body administering an educational institution may only be made if —
body administering an educational institution
“body administering an educational institution” has the meaning given by section 84;
the body has been convicted of 2 or more record keeping offences;
the administrator of the institution has been convicted of 2 or more record keeping offences; or
the body and the administrator of the institution has each been convicted of one record keeping offence and the offences arise from separate transactions.
A suspension order may not be made against a body administering an educational institution if the Tribunal is satisfied that the body has taken all reasonable steps to ensure that no further record keeping offences will be committed in relation to copies made by or on behalf of the body.
Tribunal
“Copyright Tribunal” or “Tribunal” means a Copyright Tribunal established under this Act;
The Tribunal may revoke a suspension order against a body administering an educational institution —
on the application of the body; and
if the Tribunal is satisfied that the body has taken all reasonable steps to ensure that no further record keeping offences will be committed in relation to copies made by or on behalf of the body.
In this section —
“administrator”, in relation to an educational institution, means the person who is responsible for the day‑to‑day administration of the institution;
educational institution
“educational institution” has the meaning given by section 83;
“record keeping offence” means —
record
“record” means a disc, tape, paper or other device in which sounds are embodied;
any prescribed offence relating to the keeping of records for the purposes of section 198(2)(e); or
any offence mentioned in section 166(1) of the 1987 Act;
“suspension order” means an order under subsection (1).