Copyright Act 1968

The copyright in a work, sound recording or cinematograph film included in a broadcast of an eligible program is not infringed by the re‑broadcast of the eligible program if:

the eligible program is re‑broadcast by a satellite BSA licensee; and

the eligible program is re‑broadcast on a service authorised by the satellite BSA licensee’s satellite BSA licence; and

the re‑broadcast of the eligible program complies with the conditions of the satellite BSA licensee’s satellite BSA licence that are set out in clause 7A of Schedule 2 to the Broadcasting Services Act 1992; and

a remuneration notice given by the satellite BSA licensee to the relevant collecting society is in force; and

the original broadcaster of the eligible program was specified in the remuneration notice; and

the satellite BSA licensee complies with section 135ZZZL.

The copyright in a broadcast of an eligible program is not infringed by the re‑broadcast of the eligible program if:

the eligible program is re‑broadcast by a satellite BSA licensee; and

the eligible program is re‑broadcast on a service authorised by the satellite BSA licensee’s satellite BSA licence; and

the re‑broadcast of the eligible program complies with the conditions of the satellite BSA licensee’s satellite BSA licence that are set out in clause 7A of Schedule 2 to the Broadcasting Services Act 1992; and

any of the following conditions is satisfied:

there is an agreement in force between the satellite BSA licensee and the owner of the copyright in the broadcast of the eligible program as to the amount payable by the satellite BSA licensee to the owner of the copyright for the re‑broadcast of eligible programs during a particular period;

if there is no agreement—there is in force a determination of the Copyright Tribunal under section 153RA of the amount payable by the satellite BSA licensee to the owner of the copyright in the broadcast of the eligible program for the re‑broadcast of eligible programs during a particular period;

if there is no agreement or determination—the satellite BSA licensee has given the owner of the copyright in the broadcast of the eligible program a written undertaking to pay to the owner of the copyright such amount as is determined by the Copyright Tribunal under section 153RA for the re‑broadcast of eligible programs during a particular period; and

the eligible program is re‑broadcast by the satellite BSA licensee during the period mentioned in whichever of subparagraphs (d)(i), (ii) or (iii) applies.

The copyright in a work, sound recording or cinematograph film included in a broadcast of an eligible program is not infringed by the making of a copy of the eligible program if:

the sole purpose of making the copy is to enable a re‑broadcast of the eligible program at a later time; and

subsection (1) would apply to the re‑broadcast of the eligible program at the later time.

The copyright in a broadcast of an eligible program is not infringed by the making of a copy of the eligible program if:

the sole purpose of making the copy is to enable a re‑broadcast of the eligible program at a later time; and

subsection (2) would apply to the re‑broadcast of the eligible program at the later time.

If:

a copy of an eligible program is made for a purpose referred to in subsection (3) or (4); and

under a law of the Commonwealth, the satellite BSA licensee is required to retain the copy for a period longer than 7 days after the copy is made; and

the copy is not destroyed as soon as practicable after the end of that period;

If:

a copy of an eligible program is made for a purpose referred to in subsection (3) or (4); and

subsection (5) does not apply; and

the copy is not destroyed within 7 days after it is made;

In this section, a reference to the making of a copy of an eligible program is a reference to making a cinematograph film or sound recording of the broadcast of the eligible program, or a copy of such a film or sound recording.