44AImportation etc. of books

44A  Importation etc. of books

 (1) The copyright in an overseas work first published on or after the commencing day is not infringed by a person who, without the licence of the owner of the copyright, imports a non‑infringing book into Australia for a purpose mentioned in paragraph 37(1)(a), (b) or (c).

 (2) Subject to this section, the copyright in:

 (a) an overseas work first published before the commencing day; or

 (b) a work first published in Australia, whether before, on or after the commencing day;

is not infringed by a person who, without the licence of the owner of the copyright, imports a copy (in this subsection called the imported copy) of a hardback or paperback version of a non‑infringing book into Australia for a purpose mentioned in paragraph 37(1)(a), (b) or (c) if:

 (c) the person had ordered in writing from the copyright owner, or the owner’s licensee or agent, one or more copies of that version of the book (not being second‑hand copies or more copies than were needed to satisfy the person’s reasonable requirements); and

 (d) when the person ordered the imported copy, the original order mentioned in paragraph (c) had not been withdrawn or cancelled by, or with the consent of, the person and:

 (i) at least 7 days had elapsed since the person placed the original order and the copyright owner, licensee or agent had not notified the person in writing that the original order would be filled within 90 days after it was placed; or

 (ii) at least 90 days had elapsed since the person placed the original order and the copyright owner, licensee or agent had not filled the order.

 (3) The copyright in a published work (whether first published before, on or after the commencing day) is not infringed by a person who, without the licence of the owner of the copyright, imports a single copy of a non‑infringing book into Australia if the importation is for the purpose of filling a written order, or a verifiable telephone order, by a customer of the person and:

 (a) in the case of a written order, the order contains a statement, signed by the customer; or

 (b) in the case of a telephone order, the customer makes a verifiable statement;

to the effect that the customer does not intend to use the book for a purpose mentioned in paragraph 37(1)(a), (b) or (c).

 (4) The copyright in a published work (whether first published before, on or after the commencing day) is not infringed by a person who, without the licence of the owner of the copyright, imports 2 or more copies of a non‑infringing book into Australia if:

 (a) the importation is for the purpose of filling a written order, or a verifiable telephone order, placed with the person by or on behalf of a library, other than a library conducted for the profit (direct or indirect) of a person or organisation; and