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Wednesday, 28 June 2000
Page: 18515


Mr SLIPPER (Parliamentary Secretary to the Minister for Finance and Administration) (7:29 PM) —by leave—I move government amendments Nos 42 to 102:

(42) Schedule 1, page 29 (after line 26), after item 100, insert:

100A After subsection 132(6)

Insert:

(6AA) If:

(a) a person contravenes subsection (1), (2) or (2A); and

(b) the article to which the contravention relates is an infringing copy because it was made by converting a work or other subject-matter from hardcopy or analog form into a digital or other electronic machine-readable form;

the person is guilty of an offence punishable on summary conviction by a fine of not more than 850 penalty units and/or imprisonment for not more than 5 years.

(6AB) If:

(a) a person contravenes subsection (1), (2) or (2A); and

(b) subsection (6AA) does not apply;

the person is guilty of an offence punishable on summary conviction by a fine of not more than 550 penalty units and/or imprisonment for not more than 5 years.

(43) Schedule 1, item 101, page 29 (line 27) to page 30 (line 3), omit the item, substitute:

101 Subsection 132(6A)

Omit “(1), (2), (2A), (3), (5) or (5AA)”, substitute “(3), (5), (5AA), (5A), (5B), (5C) or (5D)”.

(44) Schedule 1, page 30 (after line 3), after item 101, insert:

101A Subsection 132(9)

Repeal the subsection, substitute:

(9) In this section:

article includes a reproduction or copy of a work or other subject-matter, being a reproduction or copy in electronic form.

distribute includes distribute by way of communication.

place of public entertainment includes any premises that are occupied principally for purposes other than public entertainment but are from time to time made available for hire for purposes of public entertainment.

supply means:

(a) in relation to a circumvention device—sell the device, let it for hire, distribute it or make it available online; and

(b) in relation to a circumvention service—provide the service.

(45) Schedule 1, page 30 (after line 6), after item 102, insert:

102A Section 134

After “of a device”, insert “(including a circumvention device)”.

(46) Schedule 1, item 104, page 30 (line 23), omit “subscription”.

(47) Schedule 1, item 104, page 30 (line 26) to page 31 (line 5), omit the definition of encoded broadcast, substitute:

encoded broadcast means:

(a) a broadcast that is made available only to persons who have the prior authorisation of the broadcaster and only on payment by such persons of subscription fees (whether periodically or otherwise); or

(b) a broadcast (other than a radio broadcast or a broadcast to which paragraph (a) applies) delivered by a broadcasting service that is a commercial or national broadcasting service within the meaning of the Broadcasting Services Act 1992;

being a broadcast, access to which in an intelligible form is protected by a technical measure or arrangement (including a computer program).

(48) Schedule 1, item 104, page 31 (line 6), omit “subscription”.

(49) Schedule 1, item 104, page 31 (line 14), after “in relation to”, insert “the manufacture of and dealing with”.

(50) Schedule 1, item 104, page 31 (line 16), omit “subscription”.

(51) Schedule 1 item 104, page 31 (line 18), omit “subscription”.

(52) Schedule 1 item 104, page 31 (line 24), omit “subscription”.

(53) Schedule 1 item 104, page 32 (line 3), omit “subscription”.

(54) Schedule 1 item 104, page 32 (line 6), omit “subscription”.

(55) Schedule 1 item 104, page 32 (line 11), omit “subscription”.

(56) Schedule 1 item 104, page 32 (line 17), omit “subscription”.

(57) Schedule 1 item 104, page 33 (after line 7), after section 135AN, insert:

135ANA Actions in relation to the use of broadcast decoding devices for commercial purposes

(1) Subject to subsection (2), this section applies if:

(a) a broadcaster makes an encoded broadcast; and

(b) a person uses, or authorises the use of, a broadcast decoding device to gain access to an encoded broadcast without the authorisation of the broadcaster; and

(c) the person so uses, or authorises the use of, the device for the purposes of, or in connection with, a trade or business carried on by, or in association with, the person; and

(d) the person knew, or ought reasonably to have known, that the broadcaster had not authorised the person to gain access to the broadcast by so using, or authorising the use of, the device.

(2) This section does not apply in relation to anything lawfully done for the purposes of law enforcement or national security by or on behalf of:

(a) the Commonwealth or a State or Territory; or

(b) an authority of the Commonwealth or of a State or Territory.

(3) Subject to subsection (7), if this section applies, the broadcaster may bring an action against the person.

(4) The relief that a court may grant in an action under this section includes an injunction (subject to such terms, if any, as the court thinks fit) and either damages or an account of profits.

(5) If, in an action under this section, the court is satisfied that it is proper to do so, having regard to:

(a) the flagrancy with which the defendant did an act described in paragraph (1)(b); and

(b) any benefit shown to have accrued to the defendant, or to the trade or business carried on by, or in association with, the defendant, as a result of the use of the broadcast decoding device; and

(c) all other relevant matters;

the court may, in assessing damages, award such additional damages as it considers appropriate in the circumstances.

(6) If, in an action under this section, the court is satisfied that it is proper to do so, having regard to all relevant matters, the court may, by order, direct that the relevant broadcast decoding device be destroyed or otherwise dealt with as specified in the order.

(7) An action cannot be brought against a person under this section in respect of an act described in paragraph (1)(b) after the expiration of 6 years from the time when the person did the act.

(58) Schedule 1, item 104, page 34 (line 3), omit “subscription”.

(59) Schedule 1, item 104, page 34 (line 12), omit “subscription”.

(60) Schedule 1, item 104, page 34 (line 15), omit “subscription”.

(61) Schedule 1, item 104, page 34 (line 19), omit “subscription”.

(62) Schedule 1, item 104, page 34 (lines 29 to 36), omit subsections 135AS(4) and (5), substitute:

(4) A person who contravenes subsection (1) is guilty of an offence punishable on summary conviction by a fine of not more than 550 penalty units and/or imprisonment for not more than 5 years.

(63) Schedule 1, item 105, page 35 (line 15), after “Copying”, insert “and communication”.

(64) Schedule 1, page 35 (after line 16), after item 105, insert:

105A Section 135A

Insert:

agreed notice means a remuneration notice specifying that the amount of equitable remuneration payable to the collecting society by the administering body giving the notice is to be assessed on the basis of an agreed system.

(65) Schedule 1, item 108, page 35 (lines 21 to 23), omit the item, substitute:

108 Paragraph 135B(a)

Omit “transmission” (wherever occurring), substitute “broadcast”.

Note: The heading to section 135B is replaced by the heading “Copies and communications of broadcasts”.

108A Paragraph 135B(b)

Repeal the paragraph, substitute:

(b) a reference to the making of a copy of a broadcast is a reference to the making of a copy of the whole or a part of the broadcast; and

(c) a reference to the communication of a copy of a broadcast is a reference to the communication of a copy of the whole or a part of the broadcast.

108B Division 2 of Part VA (heading)

Repeal the heading, substitute:

Division 2—Copying and communication of broadcasts

(66) Schedule 1, item 109, page 35 (lines 24 to 27), omit the item, substitute:

109 Subsection 135E(1)

Omit “transmission” (wherever occurring), substitute “broadcast”.

Note: The heading to section 135E is replaced by the heading “Copying and communication of broadcasts by educational institutions etc.”.

109A Subsection 135E(1)

After “by the making”, insert “or communication”.

109B Paragraphs 135E(1)(b) and (c)

After “copy” (wherever occurring), insert “or communication”.

109C Paragraph 135E(1)(d)

Repeal the paragraph, substitute:

(d) the administering body complies with subsection 135K(1) or (3), or section 135KA, as the case requires, in relation to the copy or communication.

109D Subsection 135E(2)

Omit “copy of a transmission”, substitute “copy, or communication of a copy, of a broadcast”.

109E At the end of subsection 135E(2)

Add “or communication”.

(67) Schedule 1, page 36 (after line 1), after item 110, insert:

110A At the end of section 135F

Add:

(7) The copyright in a broadcast, or in any work, sound recording or cinematograph film included in a broadcast, is not infringed by the communication of a preview copy of the broadcast if:

(a) the communication is made solely to enable an administering body to decide whether or not that copy should be retained:

(i) for the educational purposes of the institution administered by it; or

(ii) for use in the provision of assistance to persons with an intellectual disability by the institution administered by it; and

(b) the communication is made only to the extent necessary for the purpose mentioned in paragraph (a); and

(c) the communication is made within the preview period.

Note: The heading to section 135F is replaced by the heading “Making and communication of preview copies”.

(68) Schedule 1, item 111, page 36 (lines 2 and 3), omit the item, substitute:

111 Subsection 135G(1)

Repeal the subsection, substitute:

(1) An administering body may, by notice in writing given to the collecting society by it, or on its behalf, undertake to pay equitable remuneration to the society for:

(a) copies of broadcasts made by it, or on its behalf, while the notice is in force; and

(b) communications of such broadcasts made by it, or on its behalf, while the notice is in force.

111A Subsection 135G(2)

Omit “or a sampling system”, substitute “, a sampling system or an agreed system”.

(69) Schedule 1, item 112, page 36 (lines 4 and 5), omit the item, substitute:

112 Subsection 135H(1)

Repeal the subsection, substitute:

(1) If a records notice is given by, or on behalf of, an administering body, the amount of equitable remuneration payable to the collecting society by the administering body for:

(a) each copy of a broadcast made by, or on behalf of, the administering body while the notice is in force; and

(b) each communication of such a broadcast made by or on behalf of the administering body while the notice is in force;

is such amount as is determined by agreement between the administering body and the collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them.

112A At the end of subsection 135H(1A)

Add “and for the communication by, or on behalf of that body, of the broadcast”.

(70) Schedule 1, page 36 (after line 7), after item 113, insert:

113A At the end of section 135H

Add:

(3) If:

(a) a broadcast is copied by, or on behalf of, an administering body, or is taken under this subsection to have been so copied; and

(b) the copy is communicated by, or on behalf of, the body by being made available online, or is taken under this subsection to have been so communicated; and

(c) the copy remains so available online for longer than the prescribed period;

then, when that period ends:

(d) the broadcast is taken to have been copied again by, or on behalf of, the body; and

(e) the copy mentioned in paragraph (a) is taken to have been communicated again by, or on behalf of, the body by making it available online for a further prescribed period.

(4) For the purposes of subsection (1), an amount of equitable remuneration must be determined (whether by agreement or by the Copyright Tribunal) having regard to:

(a) copies and communications to which paragraphs (3)(d) and (e) apply; and

(b) such matters (if any) as are prescribed; and

(c) such other matters (if any) as are relevant in the circumstances.

(5) In this section:

prescribedperiod means the period of 12 months, or if another period is agreed between the relevant administering body and collecting society for the purposes of subsection (3), that other period.

(71) Schedule 1, item 114, page 36 (lines 8 and 9), omit the item, substitute:

114 Subsection 135J(1)

Repeal the subsection, substitute:

(1) If a sampling notice is given by, or on behalf of, an administering body, the amount of equitable remuneration payable to the collecting society by the administering body for:

(a) copies of broadcasts made by, or on behalf of, the administering body while the notice is in force; and

(b) communications of such broadcasts made by, or on behalf of, the administering body while the notice is in force;

is such annual amount as is determined by agreement between the administering body and the collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them.

114A Subsection 135J(1A)

Omit “transmissions made by or on behalf of that body”, substitute “broadcasts made by, or on behalf of, that body and for communications by, or on behalf of, that body of such broadcasts”.

114B After subsection 135J(1A)

Insert:

(1B) If:

(a) a broadcast is copied by, or on behalf of, an administering body, or is taken under this subsection to have been so copied; and

(b) the copy is communicated by, or on behalf of, the body by being made available online, or is taken under this subsection to have been so communicated; and

(c) the copy remains so available online for longer than the prescribed period;

then, when that period ends:

(d) the broadcast is taken to have been copied again by, or on behalf of, the body; and

(e) the copy mentioned in paragraph (a) is taken to have been communicated again by, or on behalf of, the body by making it available online for a further prescribed period.

114C Subsection 135J(2)

Repeal the subsection, substitute:

(2) The annual amount referred to in subsection (1) must be determined (whether by agreement or by the Copyright Tribunal) having regard to:

(a) copies and communications to which paragraphs (1B)(d) and (e) apply; and

(b) the extent to which other copies of broadcasts are made and communicated by, or on behalf of, the administering body in a particular period; and

(c) such matters (if any) as are prescribed; and

(d) such other matters (if any) as are relevant in the circumstances.

114D Subsection 135J(3)

Omit “of transmissions”, substitute “of broadcasts and the communication of those broadcasts,”.

(72) Schedule 1, item 115, page 36 (lines 10 and 11), omit the item, substitute:

115 Subsection 135J(5)

Omit “transmission”, substitute “broadcast, or communication of a copy of a broadcast,”.

115A At the end of section 135J

Add:

(6) In this section:

prescribed period means the period of 12 months, or if another period is agreed between the relevant administering body and collecting society for the purposes of subsection (1B), that other period.

115AB After section 135J

Insert:

135JA Agreed notice

(1) If an agreed notice is given by, or on behalf of an administering body, the amount of equitable remuneration payable to the collecting society by the administering body for:

(a) copies of broadcasts made by, or on behalf of, the administering body while the notice is in force; and

(b) communications of such broadcasts made by, or on behalf of, the administering body while the notice is in force;

is an amount (whether an annual amount or otherwise) determined by agreement between the administering body and the collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them.

(2) If a determination has been made by the Tribunal under subsection (1), either the administering body or the collecting society may, at any time after 12 months from the day on which the determination was made, apply to the Tribunal under that subsection for a new determination of the amount of equitable remuneration payable to the collecting society by the administering body for copies of broadcasts made and communicated by, or on behalf of, that body.

(3) Subject to subsection (5), the matters and processes constituting an agreed system, and any matters that are necessary or convenient to be assessed or taken into account for the purposes of the system, must be determined by agreement between the administering body and the collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them.

(4) If:

(a) a broadcast is copied by, or on behalf of, an administering body, or is taken under this subsection to have been so copied; and

(b) the copy is communicated by, or on behalf of, the body by being made available online, or is taken under this subsection to have been so communicated; and

(c) the copy remains so available online for longer than the prescribed period;

then, when that period ends:

(d) the broadcast is taken to have been copied again by, or on behalf of, the body; and

(e) the copy mentioned in paragraph (a) is taken to have been communicated again by, or on behalf of, the body by making it available online for a further prescribed period.

(5) An agreed system (whether determined by agreement or by the Copyright Tribunal) must require the assessment of an amount of equitable remuneration by a method or process that takes account of copies and communications to which paragraphs (4)(d) and (e) apply.

(6) For the purposes of subsection (1), different amounts may be determined (whether by agreement or by the Copyright Tribunal) in relation to different institutions administered by the administering body.

(7) If:

(a) an agreed notice is given by, or on behalf of, an administering body to the collecting society; and

(b) during any period, the administering body does not comply with one or more of the requirements of the agreed system determined under this section in relation to the notice;

subsections 135E(1) and 135F(1) do not apply to any copy of a broadcast, or communication of a copy of a broadcast, made by, or on behalf of, the administering body during that period.

(8) In this section:

prescribed period means the period of 12 months or, if another period is agreed between the relevant administering body and collecting society for the purposes of subsection (4), that other period.

(73) Schedule 1, item 116, page 36 (lines 12 and 13), omit the item, substitute:

116 Paragraph 135K(1)(a)

Omit “of a transmission”, substitute “in analog form of a broadcast”.

116A Paragraph 135K(1)(b)

Omit “transmission”, substitute “broadcast, and each communication of such a copy,”.

116B Paragraph 135K(1)(c)

After “copy”, insert “or communication”.

116C Subsection 135K(2)

Omit “For the purposes of subsection (1), a record of the copying of a transmission:”, substitute “A record of the kind referred to in paragraph (1)(b):”.

116D Subsection 135K(3)

Omit “of a transmission”, substitute “in analog form of a broadcast”.

116E After section 135K

Insert:

135KA Notice requirements in respect of communications

If a remuneration notice is given by, or on behalf of, an administering body to a collecting society in respect of communication of copies of broadcasts made by, or on behalf of, the body while the remuneration notice is in force, the body must, except in such circumstances (if any) as are prescribed:

(a) give a notice, in accordance with the regulations, in relation to each such communication made by it, or on its behalf, while the remuneration notice is in force, containing:

(i) statements to the effect that the communication has been made under this Part and that any work or other subject-matter contained in the communication might be subject to copyright protection under this Act; and

(ii) such other information or particulars (if any) as are prescribed; and

(b) in the case of each such communication made by it, or on its behalf, while the remuneration notice is in force—take all reasonable steps to ensure that the communication can only be received or accessed by persons entitled to receive or access it (for example, teachers or persons receiving educational instruction or other assistance provided by the relevant institution); and

(c) comply with such other requirements (if any) as are prescribed in relation to each such communication made by it, or on its behalf, while the remuneration notice is in force.

(74) Schedule 1, item 117, page 36 (lines 14 and 15), omit the item, substitute:

117 Paragraph 135L(1)(a)

Omit “of transmissions”, substitute “of broadcasts and communication of such copies”.

117A Paragraph 135L(1)(b)

Omit “of copies of transmissions”, substitute “and communication of copies of broadcasts”.

(75) Schedule 1, item 118, page 36 (lines 16 and 17), omit the item, substitute:

118 Subsection 135N(1)

Omit “or 135J, as the case may be, for copies of transmissions”, substitute “, 135J or 135JA, as the case may be, for copies of broadcasts and communications of such copies”.

118A Subparagraph 135P(3)(d)(i)

Omit “or 135J”, substitute “, 135J or 135JA”.

(76) Schedule 1, item 119, page 36 (lines 18 and 19), omit the item, substitute:

119 Subsections 135U(1) and (2)

Omit “transmission” (wherever occurring), substitute “broadcast”.

(77) Schedule 1, item 122, page 37 (line 6), after “work”, insert “and to communicate, or cause to be communicated, that copy or reproduction,”.

(78) Schedule 1, item 123, page 37 (lines 8 and 9), omit the item, substitute:

123 Section 135ZA

Omit “of a copy of a transmission”, substitute “or communication of a copy of a broadcast”.

(79) Schedule 1, item 151, page 42 (line 33), omit “communication”, substitute “the first communication of the work”.

(80) Schedule 1, item 153, page 46 (line 19), omit “institution or otherwise, or”, substitute “the institution or otherwise, of”.

(81) Schedule 1, item 183, page 51 (lines 19 to 23), omit the item.

(82) Schedule 1, item 185, page 52 (after line 17), after subsection (2), insert:

(2A) If:

(a) a work is reproduced by, or on behalf of, an administering body, or is taken under this subsection to have been so reproduced; and

(b) the reproduction is communicated by, or on behalf of, the body by being made available online, or is taken under this subsection to have been so communicated; and

(c) the reproduction remains so available online for longer than the prescribed period;

then, when that period ends:

(d) the work is taken to have been reproduced again by, or on behalf of, the body; and

(e) the reproduction mentioned in paragraph (a) is taken to have been communicated again by, or on behalf of, the body by making it available online for a further prescribed period.

(2B) An electronic use system (whether determined by agreement or by the Copyright Tribunal) must require the assessment of an amount of equitable remuneration by a method or process that takes account of reproductions and communications to which paragraphs (2A)(d) and (e) apply.

(2C) Subject to subsection (2B) but without limiting subsection (2), an electronic use system (whether determined by agreement or by the Copyright Tribunal) may be based upon a records system, a sampling system or any other process or system.

(2D) For the purposes of subsection (1), different amounts may be determined (whether by agreement or by the Copyright Tribunal) in relation to different institutions administered by the administering body.

(83) Schedule 1, item 185, page 52 (line 26), after “period”, insert “by”.

(84) Schedule 1, item 185, page 52 (after line 28), at the end of section 135ZWA, add:

(4) In this section:

prescribed period means the period of 12 months, or if another is agreed between the relevant administering body and collecting society for the purposes of subsection (2A), that other period.

(85) Schedule 1, item 189, page 53 (line 22), omit “is”, substitute “might be”.

(86) Schedule 1, item 193, page 54 (lines 9 and 10), omit the item, substitute:

193 Subparagraph 135ZZB(3)(d)(i)

Omit “or 135ZW”, substitute “, 135ZW or 135ZWA”.

(87) Schedule 1, item 200, page 55 (line 13), omit “135ZZS”, substitute “135ZZT”.

(88) Schedule 1, item 200, page 55 (line 24), omit “135ZZW”, substitute “135ZZX”.

(89) Schedule 1, item 200, page 55 (line 26), omit “of the same”, substitute “in the same”.

(90) Schedule 1, item 200, page 56 (after line 9), after section 135ZZJ, insert:

135ZZJA Application of Part

This Part does not apply in relation to a retransmission of a free-to-air broadcast if the retransmission takes place over the Internet.

(91) Schedule 1, item 200, page 58 (line 5), after “kept of”, insert “the title of each program included in”.

(92) Schedule 1, item 200, page 65 (after line 24), after section 135ZZZB, insert:

Division 5—Miscellaneous

(93) Schedule 1, item 201, page 66 (lines 11 to 16), omit paragraph (a), substitute:

(a) in the case of a literary, dramatic or musical work—a licence to perform the work or an adaptation of the work in public, to broadcast the work or an adaptation of the work, to make a sound recording or cinematograph film of the work or an adaptation of the work for the purposes of broadcasting the work or adaptation, or to electronically transmit the work or an adaptation of the work (other than in a broadcast) for a fee payable to the person who made the transmission; or

(94) Schedule 1, page 66 (after line 27), after item 203, insert:

203A Subsection 153A(1)

Repeal the subsection, substitute:

(1) The parties to an application to the Tribunal under section 135H, subsection 135J(1) or subsection 135JA(1) for the determination of the amount of equitable remuneration payable to the collecting society by an administering body for the making or communication, by or on behalf of that body, of a copy of a broadcast are the society and the body.

Note: The heading to section 153A is altered by omitting “or subsection 135J(1)” and substituting “, subsection 135J(1) or subsection 135JA(1)”.

203B Subsection 153A(2)

Omit “or subsection 135J(1)”, substitute “, subsection 135J(1) or subsection 135JA(1)”.

203C Subsection 153A(2)

After “the making”, insert “and communicating”.

203D Paragraph 153A(3)(a)

After “are made”, insert “and communicated”.

203E Subsection 153A(4)

After “broadcasts”, insert “, and to communications of such copies,”.

203F Subsection 153A(5)

Omit “, broadcast,collecting society and institution”, substitute “and collecting society”.

(95) Schedule 1, item 204, page 66 (line 28) to page 67 (line 8), omit the item, substitute:

204 After section 153B

Insert:

153BA Application to the Tribunal under subsection 135JA(3)

(1) The parties to an application to the Tribunal under subsection 135JA(3) for the determination of an agreed system are the collecting society and the administering body concerned.

(2) If an application is made to the Tribunal under subsection 135JA(3), the Tribunal must consider the application and, after giving the parties to the application an opportunity of presenting their cases, must make an order determining the agreed system.

(3) In determining an agreed system, the Tribunal must have regard to such matters (if any) as are prescribed.

(4) In this section:

administering body and collecting society have the same meanings as in Part VA.

(96) Schedule 1, page 67 (before line 9), before item 205, insert:

204A Before section 153C

Insert:

153BB Application to the Tribunal under subsection 135ZME(3)

(1) The parties to an application to the Tribunal under subsection 135ZME(3) for the determination of the division of an amount of remuneration are the relevant copyright owners.

(2) If an application is made to the Tribunal for a determination under subsection 135ZME(3), the Tribunal must consider the application and, after giving the parties to the application an opportunity to present their cases, must make an order determining the division of the amount to which the application relates between the parties in such manner as it thinks equitable.

(3) In making an order, the Tribunal may have regard to such matters (if any) as are prescribed.

(97) Schedule 1, item 209, page 67 (line 22), omit “institution,”.

(98) Schedule 1, item 210, page 68 (line 11), omit “institution,”.

(99) Schedule 1, page 70 (after line 12), after item 217, insert:

217A After section 203F

Insert:

203G Additional offences relating to declarations under subsections 116A(3) and 132(5F)

(1) A person must not, under subsection 116A(3) or 132(5F), make a declaration, knowing the declaration to be false or misleading in a material particular.

Penalty: Imprisonment for 12 months.

(2) A person must not, under subsection 116A(3) or 132(5F), make a declaration, being reckless as to whether the declaration is false or misleading in a material particular.

Penalty: Imprisonment for 6 months.

(3) A person must not dispose of or destroy, or cause to be disposed of or destroyed, a declaration under subsection 116A(3) or 132(5F), being a declaration whose prescribed retention period has not expired, if the person knows, or is reckless as to whether, that period has not expired.

Penalty: Imprisonment for 6 months.

(100) Schedule 1, item 219, page 70 (lines 15 and 16), omit the item, substitute:

219 Paragraph 203H(4)(a)

Omit “a copy”, substitute “on a reproduction”.

(101) Schedule 2, item 3, page 73, line 29, omit “(1) A licence, contract or arrangement (other than”, substitute “A licence, contract or arrangement (including”.

(102) Schedule 2, item 3, page 74 (lines 1 to 3), omit subitem (2).