Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The officer in charge of a library may request, or cause another person to request, the officer in charge of another library to supply the officer in charge of the first - mentioned library with a reproduction of an article, or a part of an article, contained in a periodical publication, or of the whole or a part of a published work other than an article contained in a periodical publication, being a periodical publication or a published work held in the collection of a library:
(a) for the purpose of including the reproduction in the collection of the first - mentioned library;
(aa) in a case where the principal purpose of the first - mentioned library is to provide library services for members of a Parliament--for the purpose of assisting a person who is a member of that Parliament in the performance of the person's duties as such a member; or
(b) for the purpose of supplying the reproduction to a person who has made a request for the reproduction under section 49.
(2) Subject to this section, where a request is made by or on behalf of the officer in charge of a library to the officer in charge of another library under subsection (1), an authorized officer of the last - mentioned library may make, or cause to be made, the reproduction to which the request relates and supply the reproduction to the officer in charge of the first - mentioned library.
Note: The reproduction could be made from another reproduction of the article or published work in the collection of the other library that was made without infringing copyright because of subsection 113H(1) (Preservation).
(3) Where, under subsection (2), an authorized officer of a library makes, or causes to be made, a reproduction of the whole or part of a work (including an article contained in a periodical publication) and supplies it to the officer in charge of another library in accordance with a request made under subsection (1):
(a) the reproduction shall, for all purposes of this Act, be deemed to have been made on behalf of an authorized officer of the other library for the purpose for which the reproduction was requested; and
(b) an action shall not be brought against the body administering that first - mentioned library, or against any officer or employee of that library, for infringement of copyright by reason of the making or supplying of that reproduction.
(4) Subject to this section, if a reproduction of the whole or a part of an article contained in a periodical publication, or of any other published work, is, by virtue of subsection (3), taken to have been made on behalf of an authorised officer of a library, the copyright in the article or other work is not infringed:
(a) by the making of the reproduction; or
(b) if the work is supplied under subsection (2) by way of a communication--by the making of the communication.
(5) The regulations may exclude the application of subsection (4) in such cases as are specified in the regulations.
(6) Where a charge is made for making and supplying a reproduction to which a request under subsection (1) relates, subsection (3) does not apply in relation to the request if the amount of the charge exceeds the cost of making and supplying the reproduction.
(7) Where:
(a) a reproduction (in this subsection referred to as the relevant reproduction ) of, or of a part of, an article, or of the whole or a part of another work, is supplied under subsection (2) to the officer in charge of a library; and
(b) a reproduction of the same article or other work, or of the same part of the article or other work, as the case may be, has previously been supplied under subsection (2) for the purpose of inclusion in the collection of the library;
subsection (4) does not apply to or in relation to the relevant reproduction unless, as soon as practicable after the request under subsection (1) relating to the relevant reproduction is made, an authorized officer of the library makes a declaration:
(c) setting out particulars of the request (including the purpose for which the relevant reproduction was requested); and
(d) stating that the reproduction referred to in paragraph (b) has been lost, destroyed or damaged, as the case requires.
(7A) If:
(a) a reproduction is made of the whole of a work (other than an article contained in a periodical publication) or of a part of such a work, being a part that contains more than a reasonable portion of the work; and
(b) the work from which the reproduction is made is in hardcopy form; and
(c) the reproduction is supplied under subsection (2) to the officer in charge of a library;
subsection (4) does not apply in relation to the reproduction unless:
(d) in a case where the principal purpose of the library is to provide library services for members of a Parliament--the reproduction is so supplied for the purpose of assisting a person who is a member of that Parliament in the performance of the person's duties as such a member; or
(e) as soon as practicable after the request under subsection (1) relating to the reproduction is made, an authorized officer of the library makes a declaration:
(i) setting out particulars of the request (including the purpose for which the reproduction was requested); and
(ii) stating that, after reasonable investigation, the authorized officer is satisfied that a copy (not being a second - hand copy) of the work cannot be obtained within a reasonable time at an ordinary commercial price.
(7B) If:
(a) a reproduction is made of the whole of a work (including an article contained in a periodical publication) or of a part of such a work, whether or not the part contains more than a reasonable portion of the work; and
(b) the work from which the reproduction is made is in electronic form; and
(c) the reproduction is supplied under subsection (2) to the officer in charge of a library;
subsection (4) does not apply in relation to the reproduction unless:
(d) in a case where the principal purpose of the library is to provide library services for members of a Parliament--the reproduction is so supplied for the purpose of assisting a person who is a member of that Parliament in the performance of the person's duties as such a member; or
(e) as soon as practicable after the request under subsection (1) relating to the reproduction is made, an authorized officer of the library makes a declaration:
(i) setting out particulars of the request (including the purpose for which the reproduction was requested); and
(ii) if the reproduction is of the whole, or of more than a reasonable portion, of a work other than an article--stating that, after reasonable investigation, the authorised officer is satisfied that the work cannot be obtained in electronic form within a reasonable time at an ordinary commercial price; and
(iii) if the reproduction is of a reasonable portion, or less than a reasonable portion, of a work other than an article--stating that, after reasonable investigation, the authorised officer is satisfied that the portion cannot be obtained in electronic form, either separately or together with a reasonable amount of other material, within a reasonable time at an ordinary commercial price; and
(iv) if the reproduction is of the whole or of a part of an article--stating that, after reasonable investigation, the authorised officer is satisfied that the article cannot be obtained on its own in electronic form within a reasonable time at an ordinary commercial price.
(7BA) For the purposes of subsections (7A) and (7B), if the characteristics of the work are such that subsection 10(2) or (2A) is relevant to the question whether the reproduction contains only a reasonable portion of the work, then that question is to be determined solely by reference to subsection 10(2) or (2A) and not by reference to the ordinary meaning of reasonable portion .
(7BB) For the purposes of subparagraphs (7A)(e)(ii) and (7B)(e)(ii), (iii) and (iv), in determining whether a copy of the work, the work, the portion of the work or the article (as appropriate) cannot be obtained within a reasonable time at an ordinary commercial price, the authorized officer must take into account:
(a) the time by which the person requesting the reproduction under section 49 requires the reproduction; and
(b) the time within which a reproduction (not being a second - hand reproduction) of the work at an ordinary commercial price could be delivered to the person; and
(c) whether the copy, work, portion or article can be obtained in electronic form within a reasonable time at an ordinary commercial price.
(7C) If:
(a) a reproduction is made in electronic form by or on behalf of an authorised officer of a library of the whole of a work (including an article contained in a periodical publication) or of a part of such a work; and
(b) the reproduction is supplied under subsection (2) to the officer in charge of another library;
subsection (3) does not apply in relation to the reproduction unless, as soon as practicable after the reproduction is supplied to the other library the reproduction made for the purpose of the supply and held by the first - mentioned library is destroyed.
(8) Subsection (4) does not apply to a reproduction or communication of all or part of 2 or more articles that are contained in the same periodical publication and that have been requested for the same purpose unless:
(a) the purpose is the one described in paragraph (1)(aa) (assisting a member of a Parliament perform his or her duties); or
(b) the purpose is the one described in paragraph (1)(b) (supplying a reproduction to a person requesting it under section 49 for research or study) and the reproduction of the articles was requested under section 49 for the same research or course of study.
(10) In this section:
"library" means:
(a) a library all or part of whose collection is accessible to members of the public directly or through interlibrary loans; or
(b) a library whose principal purpose is to provide library services for members of a Parliament; or
(c) an archives all or part of whose collection is accessible to members of the public.
"supply" includes supply by way of a communication.
Note: Under section 203F, it is an offence to make a false or misleading declaration for the purposes of this section. Sections 203A and 203G create offences relating to the keeping of declarations made for the purposes of this section.