50ACondition of registration—handling old records that are works subject to copyright

50A Condition of registration—handling old records that are works subject to copyright

(1) Subsection (2) applies to works made before section 44BB of the Copyright Act 1968 commences.

Note: Section 44BB of the Copyright Act 1968 provides that there is no infringement of copyright if an act comprised in the copyright of a work is done, or authorised to be done, for healthcare or related purposes.

(2) A registered repository operator must not make the work available for the purposes of the My Health Record system, if it would be an infringement of the copyright in the work for the operator or another person to do, or authorise to be done, an act comprised in the copyright of the work: (a) for a purpose for which the collection, use or disclosure of health information is required or authorised under this Act; or (b) in circumstances in which a permitted general situation exists under item 1 of the table in subsection 16A(1) of the Privacy Act 1988 (serious threat to life, health or safety), or would exist if the act were done, or authorised to be done, by an entity that is an APP entity for the purposes of that Act; or (c) in circumstances in which a permitted health situation exists under section 16B of the Privacy Act 1988, or would exist if the act were done, or authorised to be done, by an entity that is an organisation for the purposes of that Act; or (d) for any other purpose relating to healthcare, or the communication or management of health information, prescribed by the regulations. (3) It is a condition of the registration of a registered repository operator that the operator complies with subsection (2).