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Sections 198 and 199 — retention of records; record keeping offence

Copyright Regulations 2021

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—(1) This regulation prescribes offences —(a)in relation to the keeping of records under section 198(2)(e); and(b)for the purposes of the definition of “record keeping offence” in section 199(6).(2) A record made by or on behalf of the body administering an educational institution under section 198(2)(e) must be retained by that body for 4 years after the date of the permitted use in respect of which the record was made.(3) Subject to paragraph (4), if paragraph (2) is not complied with, the following persons shall each be guilty of an offence:(a)the body administering the educational institution;(b)the administrator of the institution.(4) It is a defence for a person to prove that the person took all reasonable steps to ensure that paragraph (2) is complied with.(5) A person convicted of an offence under paragraph (3) shall be liable on conviction to a fine not exceeding $1,000.(6) An offence under paragraph (3) is a prescribed offence for the purposes of the definition of “record keeping offence” in section 199(6).(7) In this regulation, “administrator” has the meaning given by section 199(6).

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