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Copyright Amendment Bill 1997
Schedule 9 Educational institutions

   

Copyright Act 1968

1  Subsection 10(1) (before paragraph (a) of the definition of educational institution )

Insert:

                    (aa)  an institution at which education is provided at pre-school or kindergarten standard;

2  Subsection 10(1) (paragraphs (g), (h) and (j) of the definition of educational institution )

Repeal the paragraphs, substitute:

                     (g)  an institution in relation to which there is in force a notice published under subsection 10A(4) that includes a declaration that the principal function of the institution is the provision of courses of study or training for one of the following purposes:

                              (i)  general education;

                             (ii)  the preparation of people for a particular occupation or profession;

                            (iii)  the continuing education of people engaged in a particular occupation or profession;

                            (iv)  the teaching of English to people whose first language is not English;

                     (h)  an undertaking within a body administering an educational institution of a kind referred to in a preceding paragraph of this definition in relation to which there is in force a notice published under subsection 10A(4) that includes a declaration that the principal function, or one of the principal functions, of the undertaking is the provision of teacher training to people engaged as instructors in educational institutions of a kind referred to in a preceding paragraph of this definition, or of 2 or more such kinds; or

                      (i)  an institution, or an undertaking within a body administering an educational institution of a kind referred to in a preceding paragraph of this definition, in relation to which there is in force a notice published under subsection 10A(4) that includes a declaration that the principal function, or one of the principal functions, of the institution, or undertaking, is the providing of material to educational institutions of a kind referred to in a preceding paragraph of this definition, or to educational institutions of 2 or more such kinds, and that that activity is undertaken for the purpose of helping those institutions in their teaching purposes.

3  Subsection 10(1) (definition of educational institution )

Omit “but does not include an institution that is conducted for the profit, direct or indirect, of an individual or individuals”.

4  Paragraph 10A(1)(b)

Repeal the paragraph.

5  After paragraph 10A(4)(a)

Insert:

                    (aa)  sets out the principal function or principal functions of the institution or of an undertaking within the body administering the institution; and

6  After subsection 10A(5)

Insert:

          (5A)  A collecting society may apply to the Copyright Tribunal for review of a declaration included in a notice published under subsection (4) of this section for the purposes of paragraph (g), (h) or (i) of the definition of educational institution in subsection 10(1).

Note:          For applications to the Tribunal for review see section 153L.

7  Before section 154

Insert:

153L   Applications to Tribunal for review of declarations of certain educational institutions

             (1)  This section applies where an application is made to the Tribunal under subsection 10A(5A) for review of a declaration included in a notice published under subsection 10A(4) for the purposes of paragraph (g), (h) or (i) of the definition of educational institution in subsection 10(1).

             (2)  The parties to the application are:

                     (a)  the collecting society that made the application; and

                     (b)  the body administering the institution that caused the notice to be published.

             (3)  After giving each party an opportunity to present its case, the Tribunal must:

                     (a)  confirm the declaration; or

                     (b)  set aside the notice.

             (4)  If the Tribunal sets aside the notice, the Tribunal must cause to be published in the Gazette a notice that:

                     (a)  sets out full particulars of the name and address of the institution; and

                     (b)  contains a statement to the effect that the notice previously published by the body administering the institution under subsection 10A(4) has been set aside.

Upon publication of the Tribunal’s notice, the notice published under subsection 10A(4) ceases to have effect for the purposes of paragraph (g), (h) or (i) of the definition of educational institution in subsection 10(1).

             (5)  The Tribunal may only set aside a notice if it determines that the principal function, or the principal functions, as the case may be, of the institution concerned are not as described in the declaration included in the notice.

8  Saving

If, immediately before the commencement of this Schedule, a declaration under paragraph 10A(1)(b) of the Copyright Act 1968 was in force, that Act has effect, in relation to the declaration and the institution to which the declaration relates, as if this Act had not been enacted.