25BPrescribed matters for the purposes of subsection 153C (3) of the Act

25B Prescribed matters for the purposes of subsection 153C (3) of the Act

(1) For the purposes of subsection 153C (3) of the Act the following matters are prescribed:

(a) the nature of the works or eligible items other than works copied;

(b) the institutions for which the copies are made;

(c) any matters that have been assessed by use of a sampling system determined under subsection 135ZW (3) of the Act;

(d) the need to ensure adequate incentive for the production of educational works and eligible items other than works in Australia;

(e) the purpose and character of the copying;

(f) the effect of the copying on the market for, or value of, the material copied;

(g) the special circumstances of external students including any difficulties faced by those students in meeting the requirements of sections 41, 49 or 135ZG of the Act;

(h) any unremunerated contribution by institutions to the creation of the material copied.

(2) In subregulation (1), external student, in relation to an institution, means a person undertaking a correspondence course or external study course provided by the institution.

Note In this regulation, eligible item and institution have the same meaning as in Part VB of the Act.