28Performance and communication of works or other subject‑matter in the course of educational instruction

28  Performance and communication of works or other subject‑matter in the course of educational instruction  (1) Where a literary, dramatic or musical work:  (a) is performed in class, or otherwise in the presence of an audience; and  (b) is so performed by a teacher in the course of giving educational instruction, not being instruction given for profit, or by a student in the course of receiving such instruction; the performance shall, for the purposes of this Act, be deemed not to be a performance in public if the audience is limited to persons who are taking part in the instruction or are otherwise directly connected with the place where the instruction is given.  (2) For the purposes of this section, educational instruction given by a teacher at a place of education that is not conducted for profit shall not be taken to be given for profit by reason only that the teacher receives remuneration for giving the instruction.  (3) For the purposes of this section, a person shall not be taken to be directly connected with a place where instruction is given by reason only that he or she is a parent or guardian of a student who receives instruction at that place.  (4) The last three preceding subsections apply in relation to sound recordings and cinematograph films in like manner as they apply in relation to literary, dramatic and musical works but, in the application of those subsections in relation to such recordings or films, any reference to performance shall be read as a reference to the act of causing the sounds concerned to be heard or the visual images concerned to be seen.  (5) A communication of a literary, dramatic or musical work, a sound recording or a cinematograph film is taken for the purposes of this Act not to be a communication to the public if the communication is made merely to facilitate:  (a) a performance of the work that, because of this section, is not a performance in public; or  (b) an act of causing sounds forming part of the recording to be heard that, because of this section, is not an act of causing the sound recording to be heard in public; or  (c) an act of causing visual images or sounds forming part of the cinematograph film to be seen or heard that, because of this section, is not an act of causing the film to be seen or heard in public.  (6) A communication of a television broadcast or sound broadcast is taken for the purposes of this Act not to be a communication of the broadcast, or of a work or other subject‑matter included in the broadcast, to the public if:  (a) the communication is made merely to facilitate the television broadcast being seen and heard, or the sound broadcast being heard, in class or otherwise in the presence of an audience, in the course of educational instruction that:  (i) is given by a teacher; and  (ii) is not given for profit; and  (b) the audience is limited to persons who are taking part in the instruction or are otherwise directly connected with the place where the instruction is given.  (7) A communication of an artistic work is taken for the purposes of this Act not to be a communication of the work to the public if:  (a) the communication is made merely to facilitate the work being seen in class or otherwise in the presence of an audience, in the course of educational instruction that:  (i) is given by a teacher; and  (ii) is not given for profit; and  (b) the audience is limited to persons who are taking part in the instruction or are otherwise directly connected with the place where the instruction is given.