5Ineligible books

#### 5 Ineligible books (1) A reference in this Act to an ineligible book shall be read as a reference to: (a) a book that is a magazine or other periodical that is not casebound and that is issued at regular intervals that do not exceed 6 months; (b) a book: (i) that is an annual report, a report issued by a body or authority or a report prepared for the shareholders or directors of a body corporate; or (ii) that is of a similar nature to such a report and that is determined in writing by the CEO to be an ineligible book for the purposes of this paragraph; or (iii) that is a prospectus inviting subcriptions for securities in a body corporate or a proposed body corporate; (c) a book that is produced for a person in Australia and is: (i) a directory relating to telephone services; or (ii) a directory relating to accommodation available; or (iii) a timetable relating to a service; in Australia or places in Australia; (ca) a book: (i) that is produced for a person in Australia; and (ii) that is a directory (except a directory mentioned in subparagraphs (c)(i) and (ii)); and (iii) whose total printed page area comprises more than 30% advertising; (d) a book that is designed for use as a calendar, as an exercise book, as a diary, notebook, receipt book or invoice book or as any other article of stationery; (g) a book the pages of which are, or any page of which is, produced by means of photocopying, not being a book produced by means of an electronic publishing system; (k) an educational book or children’s book that is not casebound and the printed pages of which are fewer in number than 16; (m) a book (not being an educational book or children’s book) that is not casebound and the printed pages of which are fewer in number than 49; (n) a book that is principally intended to be unbound or taken to pieces or is otherwise not intended to be used as a book; (p) a book that is not one of 1,000 or more copies of a book comprising the same production run; (q) a book: (i) all or a substantial number of the copies of which are intended to be used by one organisation or by associated organisations; and (ii) that has been produced by that organisation or by one of those associated organisations, as the case may be; (s) a book that is of a kind that, if it were imported, would be a prohibited import; (t) a book that is produced or published by or on behalf of an instrumentality or authority of the Commonwealth or of a State, not being a book: (i) that is produced or published by or on behalf of an instrumentality or authority that is declared by the Minister, under subsection (8A), to be, or to be and to have been, with effect from a particular day, an instrumentality or authority to which that subsection applies; and (ii) that is produced or published on or after that particular day and while that declaration remains in force; (u) a book that the CEO is satisfied was, or will be, after 1 July 1990, exported, either directly or indirectly through another country or other countries, to New Zealand. (1A) A book some only of the production processes of which are carried out by an instrumentality or authority of the Commonwealth or of a State shall not, by reason only thereof, be taken to be an ineligible book under paragraph (1)(t), but the production processes so carried out by the instrumentality or authority shall be disregarded in determining, for the payment of bounty, the production cost of the book. (1B) Nothing in subsection (1A) shall be taken to imply that a book in respect of which some only of the production processes are carried out by an instrumentality or authority of the Commonwealth or of a State may not be an ineligible book by reason that the book is produced on behalf of an instrumentality or authority of the Commonwealth or of a State or is published by or on behalf of such an instrumentality or authority. (2) Where, in relation to an eductional book or children’s book that is not casebound and the printed pages of which are not fewer in number than 16, the CEO is of the opinion that the printed material that is essential to the book could, without altering the character of the book, be published in a book the printed pages of which are fewer in number than 16, the CEO may, in writing, determine that, for the purposes of this section, the book is to be treated as a book to which paragraph (1)(k) applies. (3) Where, in relation to a book (not being an eductional book or children’s book) that is not casebound and the printed pages of which are not fewer in number than 49, the CEO is of the opinion that the printed material that is essential to the book could, without altering the character of the book, be published in a book the printed pages of which are fewer in number than 49, the CEO may, in writing, determine that, for the purposes of this section, the book is to be treated as a book to which paragraph (1)(m) applies. (4) For the purposes of paragraph (1)(p), any 2 copies of a book produced by a manufacturer or manufacturers shall not be taken to have been produced by the manufacturer or manufacturers in the same production run if, at the time the production of one of the copies was completed, the manufacturer or manufacturers had not commenced, or had commenced but not completed, the production of the other copy and did not intend to produce, or complete the production of, that other copy, as the case requires, in any circumstances or except in certain circumstances. (5) Without limiting the generality of paragraph (1)(q) copies of a book shall, for the purposes of that paragraph, be taken to be intended to be used by an organisation if the copies are intended to be used by a group or class of persons associated with the organisation or by the employees, agents, customers or intended customers of the organisation. (6) For the purposes of paragraph (1)(q), a book shall be taken to have been produced by an organisation if the book is produced, or a production process in relation to the book is carried out, by a manufacturer who: (a) has a direct or indirect relationship with that organisation (not being the relationship created by the agreement to produce that book or carry out that production process); and (b) does not carry out a substantial amount of printing, binding or work related to printing or binding for persons other than that organisation and persons who have a direct or indirect relationship with that organisation. (7) For the purposes of paragraph (1)(s), a book is a prohibited import if, in the event of its being outside Australia: (a) its importation into Australia would be prohibited absolutely by a law of the Commonwealth; or (b) its importation into Australia would be prohibited by a law of the Commonwealth unless permission for the purposes of that law were obtained and the CEO is satisfied that unconditional permission to import an unlimited number of copies of the book would not be granted for the purposes of that law. (8) The regulations may provide that the CEO may, for the purposes of consideration of the application of paragraph (1)(s) and subsection (7) in relation to a book, obtain a report in relation to the book from any board or other body established under a law of the Commonwealth for the purpose of giving advice in relation to the importation of books into Australia, and provision may be made by the regulations for the review of a report so furnished. (8A) Where the Minister is satisfied that of the books produced or published, or likely to be produced or published, by or on behalf of a particular instrumentality or authority of the Commonwealth or of a State on or after a particular day all or most are, or will be, available for purchase by the public at a price that is not less than the cost to the instrumentality or authority of all production processes involved in the manufacturing of those books, the Minister may, by notice in writing, a copy of which shall be forwarded to the instrumentality or authority concerned, declare that particular instrumentality or authority to be, or to be and to have been, with effect from that day, an instrumentality or authority to which this subsection applies. (8B) The Minister shall not declare a particular instrumentality or authority of the Commonwealth or of a State to have been an instrumentality or authority to which subsection (8A) applies with effect from a day occurring more than 12 months before the making of the declaration. (8C) The Minister shall not declare a particular instrumentality or authority of the Commonwealth or of a State to be, or to be and to have been, with effect from a particular day, an instrumentality or authority to which subsection (8A) applies if: (a) that particular instrumentality or authority is the official printer of the Commonwealth or of a State; or (b) of the books produced or published or likely to be produced or published by or on behalf of that particular instrumentality or authority on or after that day, most are or will be books produced or published by the official printer of the Commonwealth or of a State on behalf of that particular instrumentality or authority. (9) Where the CEO makes a determination under paragraph (1)(b) or subsection (2) or (3) in relation to a book, the CEO shall give to each person who is a publisher or a printer of the book a copy of the determination.