Commonwealth Numbered Acts

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT 21

21. After section 159 of the Principal Act the following sections are
inserted: Attorney-General may make application for suspension order



"159A. (1) Subject to sub-section (2), upon application made to it by the
Attorney-General, the Tribunal may, in its discretion, make an order
suspending the application of sub-sections 53B (1) and (2) in relation to the
body administering an educational institution, being a body that has been
convicted of 2 or more offences against sub-section 203A (2) in relation to
the retention of records or declarations relating to copies of the whole or
parts of works made in reliance on section 53B.



"(2) The Tribunal shall not make an order under sub-section (1) if it is
satisfied that the body in relation to which the order is sought has taken all
reasonable steps to ensure that no further contravention of sub-section 203A
(2) will occur in relation to the retention of records or declarations
relating to copies made or to be made by or on behalf of the body.



"(3) For the purposes of sub-section (1), a conviction of the custodian in
charge of the copying records of an educational institution for a
contravention of sub-section 203A (2), not being a conviction for a
contravention in relation to which the body administering the educational
institution has also been convicted, shall be taken to be a conviction of the
body administering the educational institution.



"(4) The parties to an application under sub-section (1) in relation to a body
administering an educational institution are-

   (a)  the Attorney-General; and

   (b)  that body. Application to revoke suspension orders



"159B. (1) The body administering an educational institution may, at any time,
make application to the Tribunal for the revocation of an order under section
159A suspending the application of sub-section 53B (1) in relation to it.



"(2) Where the Tribunal is satisfied, upon application made under sub- section
(1), that the body making the application has taken all reasonable steps to
ensure that no further contravention of sub-section 203A (2) will occur in
relation to the retention of records or declarations relating to copies made
or to be made in reliance on section 53B, the Tribunal may revoke the order to
which the application relates.



"(3) The parties to an application under sub-section (1) for the revocation of
an order made in relation to the body administering an institution are-

   (a)  that body; and

   (b)  the Attorney-General.".